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The Statute Of The International Court Of Justice

Author: Andreas Zimmermann
Publisher: OUP Oxford
ISBN: 0191632546
Size: 56.41 MB
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The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.

The Charter Of The United Nations

Author: Bruno Simma
Publisher: Oxford Commentaries on Interna
ISBN: 9780199580156
Size: 59.50 MB
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Since the second edition of this commentary on the Charter of the United Nations was published the text of the Charter may not have changed but the world has. The wars in Iraq and Afghanistan have had a lasting impact on international law and the Commentary has been fully updated to take their impact into account. The new edition has been completely revised and features a completely new chapter on UN reform, analyzing the effect of reforms which have already been implemented and examining why other proposals for reform have failed. It will assess how these proposals could be improved, with a particular focus on the Security Council. This new edition also includes coverage of the creation of the Human Rights Council and the impact of the Responsibility to Protect doctrine. This is the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice, and is an indispensable work of reference for all those interested in the UN. The Commentary will be crucial in providing new directions for the development of international law and the United Nations in the twenty-first century.

The Right To Liberty And Security Versus Counter Terrorism Under International Law

Author: Shimels Sisay Belete
Publisher: BOD GmbH DE
ISBN: 3745869974
Size: 28.92 MB
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Particularly in the aftermath of the 9/11 terrorist attack, the threat of terrorism, however, defined, has been invoked as a common ‘justification’ in the pursuit of remodelling policies, laws, and institutions, both at the international and in the domestic politico-legal showground. The broader central theme that this book explores is the normative vibe under which the present-day counterterrorism discourse is construed and sculpted in the legislative and institutional structures of an authoritarian state where the political power and government institutions are functioning under a single-party-monopolised system. Presenting the Ethiopian legislative and institutional frameworks as a case study, the book critically reflects on the extent that the international legal and/or institutional counterterrorism response is sensitised in a manner lessening the risk of conflating authoritarian regime’s unbearable reactions to citizens’ legitimate demands and resistances against its repression vis-àvis that of its response to the common threat of international terrorism. In particular, the book ponders whether or not the range of the substantive and procedural aspects of the Ethiopian antiterrorism legislative and institutional frameworks are wrought to fit into the main objectives and standards that emanate from the pertinent international laws relating to terrorism and the international human rights law as well as the domestic constitutional law maxims.

The Un Declaration On The Rights Of Indigenous Peoples

Author: Marc Weller
Publisher: Oxford University Press
ISBN: 0199673225
Size: 28.23 MB
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The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux preparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

Social Rights Of Children In Europe

Author: Katharina Häusler
Publisher: BRILL
ISBN: 9004375937
Size: 36.22 MB
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In Social Rights of Children in Europe Katharina Häusler provides a thorough analysis of how the major European human rights bodies interpret children’s basic social rights and thus unfolds the main challenges for the realisation of these rights in Europe.

The Conventions On The Privileges And Immunities Of The United Nations And Its Specialized Agencies

Author: August Reinisch
Publisher: Oxford University Press
ISBN: 0198744617
Size: 53.50 MB
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The book provides a comprehensive overview and detailed discussion of the Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies distinguished legal scholars, experts and practitioners in their respective fields of law.

The Un Convention On The Law Of The Non Navigational Uses Of International Watercourses

Author: Laurence Boisson de Chazournes
Publisher: Oxford Commentaries on Interna
ISBN: 0198778767
Size: 43.51 MB
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The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses plays a crucial role in protecting and managing international watercourses and other sources of fresh water. Boisson de Chazournes, Mbengue, Tignino, and Sangbana head a team of experts in thisCommentary, examining the travaux preparatoires leading to the Convention and the practice that has developed since the adoption of the Convention in 1997. Tackling the rationale and objectives of the provisions, they offer crucial insights to the Convention's impact on the development of auniversal regime for shared water resources.Examining cross-cutting topics such as the core water principles, the prevention and settlement of water disputes, the relationship between the Convention and other legal instruments, as well as the role of the ICJ and other judicial means to solve water disputes, this book is crucial to all thosewho seek a deep understanding of water law.

Hague Yearbook Of International Law Annuaire De La Haye De Droit International Vol 26 2013

Author:
Publisher: BRILL
ISBN: 9004287361
Size: 53.18 MB
Format: PDF
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The title of the Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Yearbook’s aim of devoting attention to developments taking place in the international law institutions based in The Hague. However, the Yearbook has a broader scope as well: to offer a platform for review of new developments in the field of international law. As of the 2010 Volume, the Yearbook has been compiled by a new and expanded Editorial Board, offering fresh ideas and a new approach. A newly established Advisory Board has also been added, including ICJ Judge Bruno Simma, Serge Brammertz, Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY), Jacomijn J. van Haersolte-van Hof, advocate (advocaat) at HaersolteHof and arbitrator (The Netherlands) and Professor Peter Hilpold, Innsbruck University (Austria). Sections have been created on public international law, private international law, international investment law and international criminal law, containing in-depth articles on current issues. The breadth of the Yearbook’s content thus offers an interesting and valuable illustration of the dynamic developments in the various sub-areas of international law.

The Oxford Handbook Of The Use Of Force In International Law

Author: Marc Weller
Publisher: OUP Oxford
ISBN: 019165390X
Size: 48.96 MB
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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

The International Criminal Court

Author: William Schabas
Publisher: Oxford University Press, USA
ISBN: 0199560730
Size: 29.69 MB
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This book provides an analysis of the Rome Statute, which established the International Criminal Court. Each of the 128 articles is examined in the light of relevant case law, academic commentary and related international instruments.