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Is the nature of international law today essentially different from the past five centuries, or does it reflect a gradual transformation within certain basic principles that remain unaltered? This book considers the profound structural changes of international law, in line with the requirements of globalization, and tracks the law’s evolution over the centuries with special regard to the dichotomy between idealism and pragmatism. International law was the vocation and passion of Francisco Orrego Vicuña, who dedicated his life to the observation, study, teaching and practice of this important legal discipline. He was a privileged witness of the great advances and changes that international law has undergone in the last 50 years, and this book – with an Introduction by Rüdiger Wolfrum and Michael Wood and the assistance of Simon C. Milnes - is the result of years of work and research. It is, posthumously, his magnum opus.
Water Engineering and Management - Learning from History explores the pair technology / water use (an indivisible pair, since the first member of the binomial determines the second) which, in the light of the knowledge available in the 21st century and with a conception focused on the near future, goes beyond the limits set by nature itself. T
Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State’s wrongful conduct.
HauptbeschreibungThe Arctic in the 21st century is exposed to multiple challenges. Global warming will have far-reaching repercussions, and thus will open up new opportunities. The melting of the ice enables the exploitation of resources and the use of new shipping routes, which were not accessible up to now. However, these opportunities require new responsibilities, which have to be taken seriously. These developments in the Arctic partake an increasing position in the international environmental discussion. The present book contains a comprehensive analysis of the current problems.
Just how International and European Community Law is being integrated into domestic legal systems is as yet not too well known. To gain a clear overview of this grey area requires more than knowing about the various constitutional rules. What is also needed is a study of little-known administrative practices and the attitudes of the national courts, where case-law is often as complex as it is diverse. When all these elements are taken into account, the general picture that emerges is a much more subtle one, transcending the classical positions based on the theories of monism and dualism. To grasp this reality and go beyond preconceived ideas, it seemed indispensable to make a thorough analys...