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International Law and Time
This book explores the close, complex and consequential – yet to a large extent implicit – relationship between international law and time. There is a conspicuous discrepancy between international law’s technical preoccupation with the mechanics of temporal rules and the absence of more foundational considerations of how time – both as an irrepressible physical dimension manifesting in the passage of time, and as a social construct shaped by diverse social and cultural factors – impacts and interacts with international law. Divided into five parts and 21 chapters, this book explores key aspects of the relationship between international law and time and puts the spotlight on time’s fundamental significance for international law as a legal order and as a discipline. Pursuing diverse approaches to international law, the authors consider the notion, significance, manifestations, uses and implications of time in international law in a wide range of contexts, and offer insights into the various ways in which international law and international lawyers cope with time, both in terms of constructing narratives and in devising and employing particular legal techniques.
European Patent Law
This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.
Judicial Dialogue and Human Rights
A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
The Fight Against Poverty and the Right to Development
This book conducts a comparative legal study from two analytical points of view. First, it accounts for the legal dimensions of the fight against poverty and the right to development as seen from the perspective of domestic legal law. It examines the domestic legal tools, such as constitutional law, that aim to contribute to the fight against poverty and the right to development. Second, the book accounts for the domestic contributions to the international legal framework and examines cross-cutting themes of the contemporary state-of-play on the fight against poverty more broadly and of the right to development. The book consists of several national and thematic reports, which look at these issues from either a national or a thematic perspective. Its first chapter is a general report, which draws on the national and thematic reports to compare, systematize and question the contemporary features at play within the field of the fight against poverty and the right to development.
Liability for Environmental Harm to the Global Commons
This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Theories of International Responsibility Law
A dialogue between international responsibility lawyers and legal philosophers laying the groundwork for new research and legal reform.
Fair and Equitable Treatment
This book examines the interaction between the concept of the ‘minimum standard of treatment’ under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.
The Everyday Makers of International Law
Part essay, part novel, this book reveals how international courts produce their judgments and what invisible actors shape their decisions.
Towering Judges
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
The Adjudicator’s Toolkit and the Force of International Law
Adjudicators have been placed at the forefront in the search for systemic order within the pluralist international legal order, acting as guardians of the international legal system. Yet, they do so under increasing pressure from the governments. Based on one of the most comprehensive and systematic empirical and doctrinal studies of international trade and investment adjudication, this book asks which tools adjudicators turn to when faced with this dilemma. Dr. Nicola Strain provides new insights on the design choices and normative goals of international economic adjudication, explaining how adjudicators end up consistently inconsistent in their application of international law, even within the more technocratic WTO regime.
