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International Economic Law With a Human Face
3. The Tobin tax.
Law and Policy of IMF Conditionality
IMF conditionality has been severely criticised by developing countries, who accuse the Fund of unjustly provoking political turmoil and causing poverty. This refers to the policies that a member country is required to follow in order to be able to use the Fund's resources. Conditionality is legally based on the requirement to adopt `adequate safeguards' for the use of resources as stipulated by the IMF's Articles of Agreement. This work focuses on legal implications and policy aspects and, more specifically, on the question of how far-reaching the requirement of `adequate safeguards' may be. Furthermore, the author demonstrates that conditionality is also affected by cooperative arrangements with other institutions, such as the World Bank and United Nations. A major conclusion is that there should be improvements in cooperation and in the monitoring of the application of Fund law on conditionality. Scholars and students who take a deep interest in international economic relations will find this book a unique opportunity to study the legal framework of conditionality. Government officials preparing for negotiations with the Fund will also benefit from reading this work.
Reflections on International Law from the Low Countries
This work brings together 28 essays specially written by international lawyers based in or associated with The Netherlands & Belgium to honour Professor Paul de Waart on his retirement from the Vrije Universiteit, Amsterdam. The experience & insight derived from his careers as journalist, foreign affairs officer, diplomat, pragmatic administrator & law professor have made him a distinguished scholar. His work has resulted in a host of academic publications on contemporary international law issues. The topics are clustered around the main foci of the research interests of Paul de Waart, including: international economic law & development, human rights, international criminal jurisdiction, the United Nations & peace & security, the protection of cultural property & the environment, & international dispute settlement. The international law communities in the Low Countries are linked through many bonds such as language (Dutch & Flemish), legal history, common teachers, & frequent inter-university contacts. As such the book may be viewed as a reflection of international law studies as they are currently practised in these two countries.
The Right to Development in International Law
The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individu...
International Law and Development
Part 4 - Trade:.
The Right to Development in International Law
2.3 BITs v CERDS.
A Theory of International Terrorism
A Theory of International Terrorism studies Islamic militancy in the geopolitical contexts of Chechnya, Kashmir, Palestine, and the September 11 attacks on the United States. These contexts have shaped a global ontology of Islamic terrorism, which asserts that puritan Islam is inherently violent and Muslim militants are addicted to carnage. This ontology is significantly changing international law. It defends the preemptive war on terror and disregards civil liberties, prescribing extra-judicial killings, torture, renditions, indefinite detentions, and numerous other human rights violations. These normative shifts are considered inevitable to suppress Muslim militants. Questioning these shifts, the book argues that the policy of no negotiations with Muslim militants is contrary to the UN Charter. It also argues that terrorism cannot be eradicated unless the Nation-State evolves into the Free State, a concept developed in The Extinction of Nation-States (1996) and A Theory of Universal Democracy (2003). Universities, governments, and international organizations will find this book a source of valuable information.
Claims of Dual Nationals and the Development of Customary International Law
The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual’s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the Tribunal’s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.
Unlawful Territorial Situations in International Law
This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
