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In European Judicial Responses to Security Council Resolutions: A Consequentialist Assessment, Kushtrim Istrefi examines the multiple effects of European courts decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights. He elaborates what type of judicial responses ensured real and practical respect for human rights for the petitioners, encouraged Security Council due process reform, clarified Security Council authorisations on security detentions, and tested the primacy and universal character of the UN Charter. Making use of legal and non-legal instruments, Istrefi sheds some light upon what happened to, among others, petitioners, the SC due process reform agenda, and the UN Charter after such cases as Kadi, Al-Jedda, Ahmed, Al-Dulimi.
The title of the Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Yearbookâs aim of devoting attention to developments taking place in the international law institutions based in The Hague. However, the Yearbook has a broader scope as well: to offer a platform for review of new developments in the field of international law. As of the 2010 Volume, the Yearbook will be compiled by a new and expanded Editorial Board, offering fresh ideas and a new approach. A newly established Advisory Board has also been added, including ICJ Judge Bruno Simma, Serge Bramm...
By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.
This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law.
A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.
The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that cour...
This book critically examines the effectiveness of the Council of Europe's human rights protection architecture in European areas of conflict.
An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.
Opinion Writing and Case Preparation equips trainee barristers with the tools and techniques they need to identify, analyse, and present convincing legal arguments, and gives a thorough grounding in the skill of writing opinions.With its systematic approach to legal research and fact management, the manual provides trainee barristers with an efficient and reliable method for preparing a client's case. The fundamental qualities of effective writing are also clearly identified and explained, helping you develop this essentialskill. Particular care is taken to guide you through the appropriate ways of writing opinions in a variety of contexts.Digital formatsThis edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law con...