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Jenseits Der Menschenrechte

Author: Anne Peters
Publisher: Mohr Siebeck
ISBN: 9783161527494
Size: 63.17 MB
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Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.

State Responsibility

Author: James Crawford
Publisher: Cambridge University Press
ISBN: 0521822661
Size: 24.42 MB
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View: 2011
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Reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.

Complicity And The Law Of State Responsibility

Author: Helmut Philipp Aust
Publisher: Cambridge University Press
ISBN: 1139499629
Size: 77.98 MB
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This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.

Responsibilities And Liabilities For Commercial Activity In The Arctic

Author: Vibe Ulfbeck
Publisher: Routledge
ISBN: 1317340825
Size: 64.55 MB
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Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.

State Responsibility For Breaches Of Investment Contracts

Author: Jean Ho
Publisher: Cambridge University Press
ISBN: 1108244971
Size: 22.72 MB
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There is a wealth of material that shapes the law of State responsibility for breaches of investment contracts. First impressions of an unsettled or uncertain law have thus far gone unchallenged. But unchallenged first impressions point to the need for a detailed study that investigates and analyses the sources, the content, the characteristics, and the evolution of this law. The argument at the heart of this monograph is that the law of state responsibility for breaches of investment contracts has carved a unique and distinct trajectory from the traditional route for the creation of international law, developing principally from arbitral awards, and mimicking, to a considerable extent, the general international law on the protection of aliens and alien property. This book unveils the remarkable journey of the law of state responsibility for breaches of investment contracts, from its origins, to its formation, to its arrival at the cusp of maturity.

Extraordinary Rendition And Human Rights

Author: Suzanne Egan
Publisher: Springer
ISBN: 3030041220
Size: 61.76 MB
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This book explores the potential of international human rights law to resolve one of the gravest human rights violations to have surfaced post 9/11: extraordinary rendition. Although infamously deployed as a counter-terrorism technique, substantial evidence confirms that European states colluded in the practice by facilitating the transportation of suspects through their airspace or airports and in some cases, secret detention on their territories. Despite recent findings of the European Court of Human Rights, difficulties persist in holding many European States accountable for the role they played both at the domestic and international level. Distinguishing between various forms of accountability and interrogating the evolving parameters of international human rights law, this volume will fill gaps in extraordinary rendition literature and influence the policies of European States.

Principles Of The Institutional Law Of International Organizations

Author: C. F. Amerasinghe
Publisher: Cambridge University Press
ISBN: 9780521545570
Size: 17.30 MB
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The second edition of C. F. Amerasinghe's successful book, which covers the institutional aspects of the law of international organizations, has been revised to include, among other things, a new chapter on judicial organs of international organizations, as well as a considerably developed chapter on dispute settlement. There is a rigorous analysis of all the material alongside a functional examination of the law. A brief history of international organizations is followed by chapters on, amongst others, interpretation, membership and representation, international and national personality, judicial organs, the doctrine of ultra vires, liability of members to third parties, employment relations, dissolution and succession, and amendment. Important principles are extracted and discussed, and the practice of different organizations examined.

The Sources Of International Law

Author: Hugh Thirlway
Publisher: OUP Oxford
ISBN: 0191508608
Size: 54.36 MB
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In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Courts Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Courts structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.

Multinationals And Corporate Social Responsibility

Author: Jennifer A. Zerk
Publisher: Cambridge University Press
ISBN: 1139459856
Size: 74.84 MB
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The 'corporate social responsibility' ('CSR') movement has been described as one of the most important social movements of our time. This book looks at what the CSR movement means for multinationals, for states and for international law. International law is often criticized for being too 'state-centred', and ill-equipped to deal with the challenges of globalization. However, drawing from many and varied examples of state, NGO and corporate practice, this 2006 book argues that, while international law has its limitations, it presents more opportunities for the CSR regulation of multinationals than many people assume. The main obstacles to better regulation are, therefore, not legal, but political.