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Evolving principles of International Law
This volume offers an overview of several emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time. While the focus lies on leading principles, these are analysed within a broader context and through various different thematic lenses. Consequently, the chapters at the heart of this book contain comprehensive surveys of a number of specialised topics and particular sub-domains. The result is an original series of reflections, painting a chequered picture of pivotal changes and longitudinal shifts in the global legal community. Evolving Principles of International Law marks the occasion of the retirement of Karel Wellens as the Chair of International Law at Radboud University Nijmegen, The Netherlands, and has contributions by André Nollkaemper, Malcolm Shaw, Rein Müllerson and many others.
Solidarity: A Structural Principle of International Law
This volume presents a high-level scholarly discussion on whether the concept of solidarity functions as a structural principle of international law and to what extent it has become a full-fledged legal principle. Each contributor addresses these questions by examining normative operations of the principle of solidarity in different branches of international law – including international disaster law, international humanitarian law, the law of development cooperation and international environmental law – as well as the relationship between the principle of solidarity and other legal principles such as the responsibility to protect and intergenerational equity.
Obligations Erga Omnes and International Crimes
This book provides a comprehensive analysis of the law of State responsibility. It addresses fundamental questions such as: which subjects of international law are entitled to invoke the responsibility of the author state; the forms of reparation demands which may be made; and the means and counter-measures (including the use and level of force) which may be employed to enforce demands. "Audience: " Academics and researchers in international law.
Philosophy of International Law
A fundamental challenge to the foundations of the discipline of international law. This book offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area. By reintroducing philosophy into the heart of the study of international law Anthony Carty explains how traditional philosophy has always been an integral part of the discipline. However, this has been driven out by legal positivism, which has, in turn become a pure technique of law. He explores the extent of the disintegration and confusion in the discipline and offers various ways of renewing philosophical practice. A range of approaches are covered - post-structuralism, neo-Marxist geopolitics, social-democratic constitutional theory and existential phenomenology - encouraging the reader to think afresh about how far to bring order to, or find order in, contemporary international society.
International Law in Silver Perspective
In the years to come the international legal order will have to face a broad range of challenges, of both an institutional and substantive nature. That is precisely the focus of this collective volume written by contributors from Flanders and the Netherlands. Although they are specialists in different fields of international law, what unites them is their position as Emeritus professors, with long and respected careers and a wealth of experience and insight. Their brief was to reflect - from their silver perspective - on the future of their respective fields and the most pressing challenges that lie ahead for them. The result is a thought-provoking and above all original collection, offering the reader the benefit of the collective wisdom of this group of eminent "silver" scholars.
The Oxford Handbook of International Investment Law
The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of...
Peremptory Norms of General International Law (Jus Cogens)
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions brings together an impressive collection of authors addressing both conceptual issues and challenges relating to peremptory norms of general international. Covered themes in the edited collection include concepts relating to the identification of peremptory norms, consequences of peremptory norms, critiques of peremptory norms, the relationship between peremptory norms and particular areas of international law as well as the peremptory status of particular norms of international law. The contributions are presented from an array of scholars and experts with different perspective, thus providing an interesting mosaic of thoughts on peremptory norms. Written against the backdrop of the ongoing work of the International Law Commission, it exposes some tensions inherent in the jus cogens.
Sustainable Development, International Law, and a Turn to African Legal Cosmologies
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
The Principle of Solidarity
This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interactio...
Shareholders' Claims for Reflective Loss in International Investment Law
This book studies shareholders' claims for reflective loss and explains why they are justified in international investment law.
