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The International Court of Justice and Municipal Courts
Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines t...
World Investment Report 2024
Business and investment facilitation have become central to both private sector development and FDI attraction efforts of governments in developing countries. At the core are information provision, transparency of rules and regulations, and streamlining of administrative procedures. Because these elements are information- and procedures-based, digitalization is central to effective implementation. They have thus led to a wave of digital government initiatives, including information portals and online single windows. Digital government has the potential to address many institutional challenges faced in developing countries, strengthening governance, reducing costs, improving services, and combating corruption. Because governance and institutional weaknesses are a key obstacle to attracting investment in many developing countries, digital government and the promotion of investment for sustainable development are closely intertwined.
Comparative and Transnational Dispute Resolution
This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.
Small Island States & International Law
What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what thi...
Global Governance, Human Rights and International Law
This book offers a stimulating introduction to the links between areas of global governance, human rights global economy and international law. By drawing on a range of diverse subject areas, it argues that the foundations of global governance, human rights and international law are undermined by a conflict or ‘tragic flaw’, where insistence on absolute conceptions of state sovereignty are pitted against universally accepted principles of justice and human rights resulting in destructive self-interest for both the state and the global community. Following the election of President Donald Trump , the second edition will explores how we are witnessing a critical battle to ensure that human...
The Debrief: Qatar at the Crossroads of the World
Qatar at the Crossroads of the World was the first open-attendance digital event launched and co-hosted by QFZA and TBY in Qatar. The opening remarks were delivered by HE Ahmad Al-Sayed, Minister of State & Chairman of the Board of QFZA, and participants included guest experts Amitendu Palit, Senior Research Fellow, ISAS, National University of Singapore and World Economic Forum, and Oktawian Kuc, Investment Policy Officer of the Division on Investment and Enterprise, UNCTAD, who explained the importance of enhancing and deepening international economic relations to achieve full recovery in the post pandemic world and the role of special economic zones. This 16-page report is a summary of the topics covered during the event, and also includes additional interviews and analysis.
The International Criminal Court in an Effective Global Justice System
International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.
Sovereignty and the Limits of International Law
The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and Marine Genetic Resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on ...
Public Interest Litigation in International Law
In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to internationa...
40 Years of the United Nations Convention on the Law of the Sea
This book discusses contemporary challenges within the law of the sea, a domain of international law extensively codified in United Nations Convention on the Law of the Sea. Given the considerable time elapsed since the convention’s adoption and nearly three decades of its implementation, the book analyses the interplay and influence of its provisions on international customary law, as well as to identify issues arising from its application. The book explores and discusses crucial aspects of the law of the sea, addressing challenges and future perspectives related to UNCLOS provisions, such as the delimitation of maritime areas, maritime security, safety, environmental protection, and the ...
