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New Property in International Law
Until now, the definition of property in international law has been poorly addressed. It is assumed that international law possesses sufficient content to regulate property, that provisions in international instruments addressing property rights are shown to act, and that resolutions of property disputes are claimed to be in accordance with international law. Yet, when asked to define key attributes of property in international law are, the legal world draws a collective blank. New Property in International Law examines how international law consistently falls short when it comes to new property regulation, because key stakeholders have failed to define what property is. The book considers a...
Blue Economy and Ocean Sustainable Development in a Globalised World: Social, Political, Economic and Environmental Issues
In the last decade, the concept of a Blue Economy has ignited a deep theoretical debate. Ranging from the integration of the triple bottom line of sustainability to the optimization of profit from ocean exploitation, the meaning of the term blue economy differs considerably between epistemic communities and even more so among national and regional policies. There is a general sense of the opportunity to realise enhanced social and economic benefits from the sustainable utilisation of their ocean and coastal resources under the umbrella framework of blue economy. Blue economy is gaining traction already as a significant component of national policies, even in spite of a clear conceptualizatio...
The Identity of Governments in International Law
The Identity of Governments in International Law provides a comprehensive account of the international legal regulation of governmental status. It examines the fundamental conceptual aspects of the government of a state in international law, before analysing the law concerning the recognition of governments and the criteria for governmental status under customary international law. It also explores matters concerning the identity of governments in the context of international organizations. Presenting the positive international legal framework concerning the regulation of governmental status, the book engages extensively with historical and contemporary examples, such as the rival government...
Recognition of States in International Law
Although the recognition of States is a common occurrence in international relations and retains a central position in discussions of international law, its nature and legal effects have remained controversial well into the twenty-first century. While some believe that recognition plays a fundamental role in the creation of statehood, others deny recognition any legal value. Regardless, debates surrounding any case where statehood is disputed will sooner or later turn to the matter of recognition, or lack thereof, by other States. This book challenges the widespread views of statehood as an absolute or empirical fact and of recognition as merely declaratory in the creation of States as the p...
International Law
The third edition of International Law: Cases and Materials with Australian Perspectives examines how international law is developed, implemented and interpreted.
Global Environmental Change and Innovation in International Law
Explores normative and institutional innovation in international law as a response to the challenges to global order posed by rapid environmental change.
Ensuring Access to Courts for Asylum Seekers and Refugees
In Access to Courts for Asylum Seekers and Refugees, Emma Dunlop focuses on the scope and content of article 16 of the 1951 Refugee Convention. Under this article, States are obligated to provide asylum seekers and refugees with access to courts. This obligation entails a requirement to ensure 'effective' access, which may call for accommodations to be made to address individual vulnerabilities -where, for example, a person does not speak the language of the court or lacks easy access to a lawyer. It also guarantees additional rights to those who have attained 'habitual residence' in the host country. Access to courts is a critical gateway right, the denial of which can prevent a person from...
International Law Obligations on Climate Change Mitigation
A comprehensive doctrinal study of states' obligations on climate change mitigation, showing that obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and human rights treaties, and exploring the interactions between these multiple obligations.
