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"A publication of the National Research Council of Canada Monograph Publishing Program."
This Liber Amicorum, dedicated to Judge Rüdiger Wolfrum of the International Tribunal for the Law of the Sea, highlights paradigmatic changes in international law, a body of law which moved during the 20th century from a law of coexistence to one of cooperation and which is now about to reflect notions of solidarity going even beyond cooperative undertakings. This leitmotif of Rüdiger Wolfrum’s academic research and judgeship is represented in a comprehensive collection of essays by eminent scholars and practitioners of international law covering specific aspects of international law, including law of the sea, human rights, international environmental law, international dispute settlement, peace and security, global governance and domestic law. With its multifaceted and comprehensive overview of the evolution of international law in recent years and detailed study of current challenges this collection is a unique source of insight for all those interested in this fascinating field of law.
The 1982 Law of the Sea Convention at 30: Successes, Challenges and New Agendas offers twenty essays by renowned Law of the Sea scholars, published to mark the 30th Anniversary of the adoption of the 1982 UN Convention on the Law of the Sea.
This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for the re-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.
This topical Research Handbook examines the legal intersections of climate change, oceans and coasts across multiple scales and sectors, covering different geographies and regions. With expert contributions from Europe, Australasia, the Pacific, North America and Asia, it includes insightful chapters on issues ranging across the impacts of climate change on marine and coastal environments. It assesses institutional responses to climate change in ocean and marine governance regimes, adaptation to climate impacts on ocean and coastal systems and communities, and climate change mitigation in marine and coastal environments. Through a plurality of voices, disciplinary and geographical perspectives, this Research Handbook explores cross-cutting themes of institutional complexity, fragmentation, scale and design trade-offs.
This book provides new insights into how change occurs in international law, through a uniquely comprehensive analysis of the mechanisms that allow the 'old' treaty-framework of the UN Convention on the Law of the Sea to respond to changing circumstances.
Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg examines the most relevant and pressing international legal questions facing threatened island states: at which point would a sovereign state disappear? Who could make that determination? Which legal status would its citizens have? What would happen to the state’s maritime entitlements and its international rights and obligations? Does international law protect the international legal personality of states that lose their effective statehood for reasons beyond their control? In answering these questions, the book goes to the root of a fundamental problem of international law: the nature of statehood.
The sixth edition of Cases & Materials on International Law is a topical and engaging companion for study; placing international law directly in the context of contemporary debate. The book offers broad coverage of international law, and is an appropriate match for a range of courses and teaching styles.
Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. The aim of this book is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks, such as financial risks or cyber risks.