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The system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts� Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural
2 Dispute Settlement Under UNCLOS
This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.
The first part of this book deals with the general principles relating to international disputes settlement. It starts by looking at the nature of an international dispute in contemporary international law, and by discussing the principles governing the ascertainment of the existence of an international dispute. It then moves on to a consideration of the diplomatic means of an international dispute settlement. The book not only focuses on the peaceful means, but also considers other means, in particular countermeasures. A separate chapter is devoted to the International Court of Justice, enabling in-depth treatment of the issues. The book critically analyses the cases in which Australia and New Zealand have been involved, first as applicants, and then as respondents, thereby assessing the contributions made by these two countries to the development of the law relating to international disputes settlement.
A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.
This treatise/casebook is the established standard & authoritative treatment of the rapidly expanding international civil litigation field. The detailed commentary, case analyses, & materials will assist the busy practitioner find comprehensive & practical answers to countless questions that arise in disputes involving foreign parties or transactions. Exhaustive annotations & footnotes provide invaluable research assistance, while clearly written analyses identify key issues. Detailed appendices, practice pointers, model forms, model clauses, an easy-to-use table of contents, & an extensive index all facilitate research.
Derivative criminal liability includes inchoate offenses (criminal attempt, conspiracy, preparatory offenses, etc.), complicity (joint perpetration, perpetration through another, incitement, solicitation, accessoryship, etc.), organized crime, natural and probable consequences liability, post-crime aid, enterprise liability, terrorism and terrorist infrastructure, and many more forms of criminal liability, clearly making it a major pillar of modern criminal law. Although derivative criminal liability affects countries worldwide, there is still no general legal theory that covers this issue. The objective of the present book is to develop a comprehensive, general, legally sophisticated, and at the same time practical theory of derivative criminal liability. The book emphasizes the practicality of the theory to enable courts, lawyers, legislators, attorneys, students, and academics to apply it in their daily professional occupations.
International environmental law has come of age, yet the global environment continues to deteriorate. The challenge of the twenty-first century is to reverse this process by ensuring that governments comply fully with their obligations, and progressively assume stricter duties to preserve the environment. This book is the first comprehensive examination of international environmental litigation. Analysing the spectrum of adjudicative bodies that are engaged in the resolution of environmental disputes, it offers a reappraisal of their relevance in contemporary contexts. The book critiques the contribution that arbitral awards and judicial decisions have made to the development of environmental law, and considers the looming challenges for international litigation. With its unique combination of scholarly analysis and practical discussion, this work is especially relevant to an era in which environmental matters are increasingly being brought before international jurisdictions, and will be of great interest to students and scholars engaged with this vital field.
"What do we really know about the impending Caribbean Court of Justice? The vexed issue of the Court's establishment has been the subject of much debate but how much of this debate is informed by the facts? This book bridges the information gap and provides an authoritative guide to the composition, function and administration of this new Court. In a comprehensive yet clear and concise style, the reader is given a background to the more contentious issues such as the funding of the Court, its constitutionality, its original and appellate jurisdiction and the process of delinking from the Privy Council. The exposition and analysis is complemented by an Appendix which includes the Agreements Establishing the Caribbean Court of Justice and the CCJ Trust Fund as well as the accords concerning the Regional Judicial and Legal Services Commission. "