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Resisting the European Court of Justice
Investigates how the fundamental transformations in the European legal system were received in one of the most important European Union member states, Germany.
The Multinational Enterprise and Legal Control
This long-awaited new book from Cynthia Day Wallace picks up the thread of her best-selling "Legal Control of the Multinational Enterprise: National Regulatory Techniques and the Prospects for International Controls," In the present work she applies herself to legal and pragmatic aspects of control surrounding MNE operations. The primary focus is on legal and administrative techniques and measures practised by host states to control - transparently or less so - foreign MNE activity within their territories, or even extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely, Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this very 'experience of years' that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.
As If Peoples Mattered
Ours is an era of decline for the nation state and one of world-wide concern for the problems surrounding sub-state groups: minorities, peoples and indigenous populations. The often violent resurgence of conflicts between these groups and States in even the stable democracies poses a challenge to international law as well as to liberal political principles. In this volume, an expert in international minority rights provides not only significant clarification of the legal issues involved, but also trenchant insights taken from a wide range of humanitarian disciplines: from philosophy and systems theory to neuro-linguistic programming (NLP) and transactional analysis (TA). The result is a meti...
Equitable Principles of Maritime Boundary Delimitation
Analysing the role of equity in international law, the book offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea.
The International Law Character of the Iran-United States Claims Tribunal
Determining whether the Iran-US Claims Tribunal (the Tribunal) is a truly public international tribunal is not merely an interesting theoretical exercise. The Tribunal's legal character has significant ramifications, for example on enforceability at the international level, the applicability and scope of res judicata regarding dismissed claims, and the evidentiary value of its jurisprudence, particularly pursuant to Article 38(1) of the ICJ statute. This title explores the legal character of the Tribunal and its status under the law of peaceful settlement of international disputes. The public or private nature of the Tribunal is a matter of significant controversy. Certain peculiarities of t...
Provisionally Applied Treaties: Their Binding Force and Legal Nature
In Provisionally Applied Treaties: Their Binding Force and Legal Nature, Anneliese Quast Mertsch analyses the binding force and legal nature of treaties during the period of their provisional application in light of international practice and academic opinion.
International Law of the Sea and Marine Affairs
International Law of the Sea and Marine Affairs
The American Society of International Law's First Century
From the historic launch of the organization by such luminaries as Elihu Root and Charles Evans Hughes, to the recent era when international law is more and more in the public realm, Kirgis's book traces the evolution of the organization and its relationship to events in the United States and around the world. As he says in the preface: "'...In the end, the reader will have to make his/her own judgment about how well the Society has run the course it set out for itself in 1906. I hope this book will provide a basis for that judgment. And of course no judgment at this stage can be final. The American Society of International Law will carry on into its second century with new and continuing programs that take into account what it has done in its first one hundred years. It will continue to do its best to demonstrate not only what international law is or should be, but also that, in the words of former ASIL President Louis Henkin, international law matters.'"
