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Marine Insurance Fraud
This book provides a comprehensive and coherent legal analysis of the impact of fraud on the position of various parties to a marine insurance contract, as well as the cover provided by standard marine policies. The issues under discussion in this invaluable guide are also equally relevant in the context of non-marine insurance contracts. Helpfully divided into two parts; the first part deals with the impact of fraud committed by parties to an insurance contract i.e. the assured, brokers and insurers.The second part analyses the extent to which standard marine policies cover the fraudulent and dishonest activity of third parties to an insurance contract. This book will be of huge practical assistant to practitioners specialising in marine insurance as well as insurance generally, and to professionals, academics and post-graduate students.
Reciprocity in Public International Law
There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.
Demystifying Treaty Interpretation
Helps the reader better understand what it is that international lawyers do when interpreting a treaty.
Island off the Coast of Asia
This book examines Australian foreign policy in multiple dimensions: diplomatic, military, economic, legal and scientific. It shows how the instruments of statecraft have defended domestic concentrations of wealth and power across the 230-year span of modern Australian history. The pursuit of security has meant much more than protection from invasion. It gives priority to economic interests, and to a political order that secures them. This view of security has deep roots in Australia’s geopolitical tradition. Australia began its existence on the winning side of a worldwide confrontation. The book shows that the ‘organizing principle’ of Australian foreign policy is to stay on the winning side of the global contest. Australia has pursued this principle in war and peace, using the full arsenal of diplomacy, law, investment, research, negotiations, military force and espionage. This book uses many decades of secret files to reveal the inner workings of high-level policy.
Oceans Management in the 21st Century: Institutional Frameworks and Responses
The 1982 United Nations Convention on the Law of the Sea created a new framework for the conduct of maritime affairs. The Convention remains a shining example of international cooperation, diplomacy and the role of international law in the regulation of international affairs and oceans management. The institutions established under the Convention, which entered into force in 1994, are now all operating and the way they are fulfilling their tasks under the Convention is taking shape. Chapters throughout this book assess the roles and impact upon oceans management of the International Tribunal for the Law of the Sea, the International Sea-Bed Authority, the Commission on the Limits of the Cont...
A Communitarian Theory of WTO Law
The interdependence promoted by the WTO Agreement has exposed a number of critical vulnerabilities, leading to accusations that the treaty is unjust. This book offers a theory of WTO law which explains why the justice of the WTO Agreement needs to be understood on its own terms.
A Bridge over Troubled Waters
A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans, in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. Four major themes are explored: the shifting boundaries of “traditional” methods of dispute settlement; the contributions made by relevant organizations to dispute settlement; the interplay between substantive and procedural rules; and case studies on dispute resolution in the Nile and the Arctic.
Statehood as Political Community
Alex Green argues that states arise under contemporary international law only when two abstract conditions are fulfilled. First, emerging states must constitute 'genuine political communities': collectives within which particular kinds of ethically valuable behaviour are possible. Second, such communities must emerge in a manner consistent with the ethical importance of individual political action. This uniquely 'Grotian' theory of state creation provides a clear legal framework comprising four factual 'antecedents' and five procedural principles, rendering the law of statehood both coherent and normatively attractive.
International Investment Law and Legal Theory
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
