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Law and Development
This book examines the concept of ‘development’ from alternative perspectives and analyzes how different approaches influence law. ‘Sustainable development’ focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development’ – a concept found in ethics. ‘Development’ can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to ‘development’ and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law.
Justice and Unjusticiability
The book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does not decide a case, so that it is impossible for the plaintiff to have the case decided by a court. A first category covers the situations where the court refuses to judge because it does not want to judge. A second category is related to all the cases where there is an impossibility to reach a decision. Any case where the judge cannot or does not wish to make justice--si iudex non facit iustitiam--continues to indicate a series of new (and old) questions.
Implementation of the United Nations Convention on the Law of the Sea
This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.
Ograniczenia praw i wolności w okresie pandemii COVID-19 na tle porównawczym. Pierwsze doświadczenia
Obok ukazania stanu gotowości poszczególnych państwowych systemów prawnych do sprostania wymogom zapobiegania i zwalczania pandemii walorem opracowania jest zestawienie ze sobą i porównanie krajowych rozwiązań legislacyjnych oraz praktyki ich implementacji w obliczu zadań służących zapobieganiu szerzenia się pandemii COVID-19 jak też w zakresie leczenia i izolowania osób zakażonych. Takie porównanie ma dwojaki walor: z jednej strony pozwala na zestawienie i skonfrontowanie efektywności przyjętych ram prawno-organizacyjnych zwalczania pandemii, z drugiej – ukazuje przez pryzmat przeprowadzonych porównań znaczenie i efektywność zastosowanych sposobów i środków imple...
Rethinking Investment Law
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more...
Cross-border Water Trade: Legal and Interdisciplinary Perspectives
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.
Financing for Sustainable Development in International Investment Law
This book highlights the intersection between international investment law and sustainable development, particularly in the context of the right to regulate for public interest related to sustainable development. Addressing key challenges hindering the harmony between investment law and sustainable development, the book unveils a new methodology to assess whether a government measure or foreign investment contributes to sustainable development. The primary question driving this text is: how should investment treaty arbitration tribunals evaluate the sustainable development impact of both government measures and foreign investments affected by those measures? Beginning by establishing a conceptual framework around the right to regulate for public interest, the book also identifies limitations in the typical approach taken in investment treaty arbitration. Additionally, broader systemic constraints within international investment law concerning sustainable development are discussed. This book will be of interest to students and scholars in the field of international investment law, economic law, and sustainable development.
The Disputed Białowieża Forest
The Polish dispute on an adequate approach towards the Białowieża Forest has been significantly internationalised, primarily by UNESCO and the European Union. The judgment of the CJEU has not settled the substance of the dispute, although it points to a violation of EU legal standards. The authors of The Disputed Białowieża Forest: Legal Remedies for the Protection of Cross-border Properties address the dispute in a constructive and interdisciplinary manner, rather than merely expressing concern towards in situ conservation, and derive universal legal remedies from it. They conclude that in the case of unique invaluable goods, adequate individual solutions should be applied in the form of a localised agreement, open to many entities (interested states, international organisations and even socially responsible private corporations), on the condition that organisational and financial co-responsibility are accepted.
