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Despite ever growing international trade and dispute settlement, a consistent international methodology of uniform private law has yet to be formed. The potential of uniform law has not yet been fully recognised. In this book, the author examines uniform contract law comprehensively in all relevant areas of legal doctrine and practice and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. She suggests ways in which these barriers can be overcome and develops an autonomous methodology of interpretation of transnational contract principles. The author wants to encourage the use of existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts, which are analysed here as an example.

International law --- internationaal recht

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In an International Community characterized by the weight of state sovereignty the interpretation of international norms (by states, International Organizations and judicial and arbitral bodies) is one of the key points of this legal order. State sovereignty conditions the creation and application of International Law as well as the settlement of disputes. That's why the intervention of judicial and arbitral bodies acquire a great importance. This work contents a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction ant its exercise. So, conventional instruments and instruments of a statutory nature, customary norms, institutional norms of the United Nations, unilateral declarations, as well as procedural instruments, facts alleged and the exercise of the jurisdiction attributed to the International Court of Justice - in the way they have been interpreted by the Court - constitute the object of a work surely useful for persons involved in international practice, studies or teaching.

International law --- internationaal recht

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International law --- internationaal recht

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Recent armed conflicts, whether international or non-international in character, are in many respects characterized by a variety of asymmetries. These asymmetries may be overstressed, sometime even abused, and ultimately virtually meaningless. Still, either as such or in conjunction with other developments, they seem to challenge the law of armed conflicts or: international humanitarian law. These challenges may very well compromise the very function of that body of law, which is to mitigate as far as possible the calamities of war. Thus, the law of armed conflict may be deprived of its fundamental function as an order of necessity because its legally binding directives will increasingly be disregarded for the sake of allegedly superior values. In order to discuss these and other questions a most distinguished group of experts in the field of the law of armed conflicts gathered in Berlin in June 2005. The goal of that colloquium, which marked the 70th birthday of Knut Ipsen, was to find operable solutions for problems and challenges the contemporary law of armed conflict is confronted with. With contributions by Bill Boothby, Michael Bothe, Yoram Dinstein, Knut Dörmann, Charles J. Dunlap Jr., Volker Epping, Dieter Fleck, Steven Haines, Wolff Heintschel von Heinegg, Hans-Joachim Heintze, Rainer Hofmann, Frits Kalshoven, Stefan Oeter, W. Hays Parks, Michael Schmitt, Torsten Stein, and Andreas Zimmermann.

European law --- Europees recht --- internationaal recht

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It is my great pleasure to introduce The Legal Environment and Risks for Foreign Investment in China by Shoushuang Li, a star young lawyer in Beijing. Mr. Li has a wealth of experience in foreign investment law and joint ventures, which he brings to bear in his analysis of this dynamic and critical field. China's investment climate continues to evolve. Less than thirty years after the introduction of market reforms, China has become one of the world's most attr- tive investment locations. The legal system has developed a good deal, although there are still plenty of pitfalls that await investors who are not sufficiently careful. Foreign observers of the legal system remain divided as to whether the proverbial glass is half full, or rather half empty some believe that China's efforts to - velop the rule of law have already born fruit while others are more skeptical. Li's strength is to combine the specific details of the various regimes governing investment in China with a broader perspective on risk management. He begins with an introduction to general issues related to foreign investment, tax law, land use right and labor law. These are likely to be of concern to investors in a wide array of fields. He then goes on to provide a wealth of detail on particular sectors of education, water, and insurance.

International law --- Business management --- management --- internationaal recht --- China