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Multi Sourced Equivalent Norms In International Law

Author: Tomer Broude
Publisher: Bloomsbury Publishing
ISBN: 1847316395
Size: 32.82 MB
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Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.

Fragmentation In International Human Rights Law

Author: Marjan Ajevski
Publisher: Taylor & Francis
ISBN: 1317442946
Size: 20.78 MB
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This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.

Preservation Of Ecosystems Of International Watercourses And The Integration Of Relevant Rules

Author: Lee Jing
Publisher: Martinus Nijhoff Publishers
ISBN: 9004268391
Size: 10.14 MB
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In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical approached is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention.

Intimations Of Global Law

Author: Neil Walker
Publisher: Cambridge University Press
ISBN: 1316195708
Size: 29.41 MB
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A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of 'legal pluralism' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.

Deference In International Courts And Tribunals

Author: Lukasz Gruszczynski
Publisher: OUP Oxford
ISBN: 0191026506
Size: 68.67 MB
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International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

Interpretation In International Law

Author: Andrea Bianchi
Publisher: OUP Oxford
ISBN: 0191038709
Size: 36.38 MB
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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Interaction And Delimitation Of International Legal Orders

Author: Maria Fogdestam Agius
Publisher: Martinus Nijhoff Publishers
ISBN: 9004283498
Size: 40.10 MB
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In Interaction and Delimitation of International Legal Orders, the author describes how actions of international dispute settlement bodies set up within institutionalized treaty regimes contribute to the establishment of autonomous international legal orders.

International Relations And Legal Cooperation In General Diplomacy And Consular Relations

Author: Yong Zhou
Publisher: Elsevier
ISBN: 1483256995
Size: 36.68 MB
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Encyclopedia of Public International Law, 9: International Relations and Legal Cooperation in General, Diplomacy, and Consular Relations focuses on international relations and legal cooperation in general, including diplomacy and consular relations. The publication first offers information on the international aspects of administrative law, the Asian-African Legal Consultative Committee, Atlantic Charter (1941), Bandung Conference (1955), and the international regulation on broadcasting. The text also examines the international protection of children, coded communications, international conferences and congresses, consular jurisdiction, treaties, and relations, and international criminal law. Discussions focus on bilateral consular agreements, establishment of consular relations, privileges and immunities, legal situation, historical evolution of legal rules, and protection for children in special situations. The manuscript ponders on wildlife protection, international regulation on the use of water, waste disposal, unjust enrichment, transfrontier pollution, tourism, terrorism, and international regulation on telecommunications. Topics include principles governing international telecommunication, space telecommunications, special legal problem on terrorism, touristic relations between states, historical evolution of transfrontier pollution, international consequences of water use, and global, regional, and bilateral treatises on wildlife protection. The publication is a vital source of data for researchers interested in international relations and legal cooperation in general, as well as diplomacy and consular relations.