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Prior Consultation in International Law
  • Language: en
  • Pages: 416

Prior Consultation in International Law

  • Categories: Law
  • Type: Book
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  • Published: 1983
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  • Publisher: Unknown

This study examines the role and the value of prior consultation among nations in international law. International disputes frequently occur when one nation, with no hostile intent, takes unilateral action that adversely affects the interests of other nations. It is generally acknowledged that some of these disputes could be avoided, and others could be ameliorated, if the acting government would assess beforehand the risk of harm to other nations. The most effective way to do this is through prior consultation with representatives of potentially affected nations. When governments are able to act unilaterally, they have very little incentive to refrain from taking self-interested action in order to consider the adverse interests of other nations. Thus, it is important to determine the circumstances in which international law imposes on them a duty to consult. The author examines these determining circumstances in detail.

United Nations Legal Order
  • Language: en
  • Pages: 2082

United Nations Legal Order

  • Categories: Law

The purpose of these volumes is to examine, explain and appraise contributions made by the United Nations system to international law and the law-creating process. The work assesses the effect UN institutions have had on the law-making process, and the extent to which that law has been accepted by and evidenced in contemporary state practice. It is divided into three main parts. The first examines the practical as well as conceptual aspects of the UN system as a source of law. The second part deals with different fields of activity which have become the subjects of legal rules and processes. Areas covered include human rights, use of force and economic relations. In addition, topics that have not previously been examined in such a comprehensive manner, such as shipping, aviation, and private international law, are also discussed. The third part covers the internal law of the UN system - international civil services and financial contributions.

The Sources of International Law
  • Language: en
  • Pages: 262

The Sources of International Law

  • Categories: Law

Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

European Union Maritime Safety Policy and International Law
  • Language: en
  • Pages: 621

European Union Maritime Safety Policy and International Law

  • Categories: Law
  • Type: Book
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  • Published: 2008
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  • Publisher: BRILL

This book offers a comprehensive international law analysis of the European Uniona (TM)s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventi...

The United States and the World Court as a `Supreme Court of the Nations'
  • Language: en
  • Pages: 526

The United States and the World Court as a `Supreme Court of the Nations'

Integrating legal and historical materials and insights, Professor Pomerance examines in this volume the troubled saga of the U.S. pursuit of the `Supreme Court of the Nations' idea, from its early pre-World War I origins through the present post-Nicaragua period of U.S. reserve, disillusionment and reassessment.

The Handbook of Reparations
  • Language: en
  • Pages: 1055

The Handbook of Reparations

  • Categories: Law

This is a comprehensive study of reparation programmes, containing a blend of case-study analysis, thematic papers and national legislation documents from leading scholars and practitioners.

Preferred Futures for the United Nations
  • Language: en
  • Pages: 525

Preferred Futures for the United Nations

The authors here discern a "humane" impulse rising against the prevailing tendencies of market-driven opportunism-an impulse rapidly becoming manifest in international law. With focus on the United Nations and the norms, processes, and institutions with which it responds to militarism and war, poverty and maldevelopment, ecological imbalance, social justice, and alienation, they suggest workable initiatives and procedures through which relevant United Nations agencies might be reformed and/or transformed to effectively meet the new challenges of the next century. CONTRIBUTORS: Hilary Charlesworth, Kenneth K.S. Dadzie, Richard Falk, Hilary F. French, Bjöern Hettne, Robert C. Johansen, David W. Kennedy, B.G. Ramcharan, Anne-Marie Slaughter, and Peter Weiss. Published under the Transnational Publishers imprint.

Customary International Law in Times of Fundamental Change
  • Language: en
  • Pages: 241

Customary International Law in Times of Fundamental Change

  • Categories: Law

The first book to explore the concept of 'Grotian Moments', named for Hugo Grotius, who helped marshal in the modern system of international law.

The Power and Purpose of International Law
  • Language: en
  • Pages: 406

The Power and Purpose of International Law

  • Categories: Law

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity...

Trials and Tribulations of International Prosecution
  • Language: en
  • Pages: 361

Trials and Tribulations of International Prosecution

  • Categories: Law

There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC’s complimentary jurisdiction? How have powerful states s...