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Greening international jurisprudence : environmental NGOs before international courts, tribunals, and compliance committees
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ISBN: 9004257314 1299829945 9781299829947 9789004257313 9789004257306 9004257306 Year: 2013 Publisher: Brill

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Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees .


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The practice and procedure of the Inter-American Court of Human Rights
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ISBN: 1107006589 1107691907 1139776355 0511843887 113978238X 1139783386 1139779397 1283746328 1139777874 1139888226 9781139776356 9780511843884 9781283746328 9781139782388 9781107006584 9781107691902 Year: 2013 Publisher: Cambridge : Cambridge University Press,

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This thoroughly revised second edition incorporates major changes made in the procedures and practice of the Inter-American Court since the book's original publication.


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Pleadings, minutes of public sittings and documents.
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ISBN: 9004208674 9789004208674 9004208658 9789004208652 9789004208650 Year: 2013 Publisher: Leiden BRILL

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Pleadings, Minutes of Public Sittings and Documents 2009-2010 - Volume 15 The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea. This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in two cases: Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean (Chile/European Union). Further to the agreement of the parties, the case was discontinued by the Order of the Special Chamber dated 16 December 2009. The Order is published in Reports of Judgments, Advisory Opinions and Orders 2008-2010 (ITLOS Reports 2008-2010) . The M/V “Louisa” Case (Saint Vincent and the Grenadines volume Kingdom of Spain), Provisional Measures. The Tribunal delivered its Order on 23 December 2010. It is published in Reports of Judgments, Advisory Opinions and Orders 2008-2010 (ITLOS Reports 2008-2010) . The documents are reproduced in their original language. Mémoires, procès-verbaux et documents 2009-2010 - volume 15 Le Tribunal international du droit de la mer est une juridiction internationale qui a compétence en matière de règlement des différends relatifs au droit de la mer. Il est une instance centrale pour le règlement des différends relatifs à l’interprétation et à l’application de la Convention des Nations Unies sur le droit de la mer. Le présent volume contient le texte des pièces de la procédure écrite, des procès-verbaux des audiences publiques et d’autres documents produits dans le cadre de deux affaires : Affaire concernant la conservation et l’exploitation durable des stocks d’espadon dans l’océan Pacifique Sud-Est (Chili/Union européenne). Faisant suite à l’accord intervenu entre les parties, l’affaire a été radiée du rôle par ordonnance de la chambre spéciale en date du 16 décembre 2009. L’ordonnance est publiée dans le Recueil des arrêts, avis consultatifs et ordonnances 2008-2010 (TIDM Recueil 2008-1020) . Affaire du navire « Louisa » (Saint-Vincent-et-les Grenadines c. Royaume d’Espagne), mesures conservatoires. Le Tribunal a rendu son ordonnance le 23 décembre 2010. L’ordonnance est publiée dans le Recueil des arrêts, avis consultatifs et ordonnances 2008-2010 (TIDM Recueil 2008-2010) . Les documents sont reproduits dans la langue originale utilisée.


Book
International interplay : the future of expropriation across international dispute settlement
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ISBN: 1443867659 9781443867658 1322180040 9781322180045 Year: 2013 Publisher: Newcastle upon Tyne : Cambridge Scholars Publishing,

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Are international tribunals heading towards greater sovereignty or towards greater liberalisation of property rights? Can we glean specific deductions from prevailing cases outside the expropriation arena? How can we justifiably extrapolate principles from international investment arbitration before modifying and applying these lessons to international human rights, the World Trade Organization regime and other dispute settlement systems? What, if any, degree of deference attends the assessme...


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International judicial integration and fragmentation
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ISBN: 9780198743729 0198743726 019967115X 0191650838 0191650846 9780199671151 9780191650833 9780191790478 0191790478 Year: 2013 Publisher: Oxford : Oxford University Press,

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Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas genocide, immunities, and the use of force.


Book
International Courts and the Development of International Law : Essays in Honour of Tullio Treves
Authors: --- --- ---
ISBN: 9067048933 9067048941 1299407528 Year: 2013 Publisher: The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press,

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This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.


Book
Diplomatic and judicial means of dispute settlement
Authors: --- ---
ISBN: 9789004209978 9004209972 9781283716932 1283716933 9004209980 9789004209985 Year: 2013 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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Diplomatic and Judicial Means of Dispute Settlement' addresses a question of growing practical and theoretical importance in international law: the synergies and potential conflicts among different means of settling international disputes. The contributing authors, who include some of the world's leading academics and practitioners, analyze various areas where such interactions have become ever more frequent, such as the law of territorial disputes, international criminal law, international trade law, investment arbitration, and human rights. The ground-breaking new volume aims to provide both a survey of prominent case-studies and an analytical framework to foster research on this increasingly important topic.


Multi
Legacies of the Permanent Court of International Justice
Authors: ---
ISSN: 18774822 ISBN: 9004244948 9789004244948 9781283979085 128397908X 9789004244931 900424493X Year: 2013 Volume: v. 13 Publisher: Leiden Martinus Nijhoff Publishers

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Legacies of the Permanent Court of International Justice assesses the continuing relevance of the first 'world court'. Active for merely 2 decades, and dissolved rather quietly in 1945/46 to be replaced by the International Court of Justice, the PCIJ, for better or worse, has shaped our thinking about binding legal dispute resolution. The contributions to this book trace the PCIJ's impact on procedural and substantive aspects of international law and on the development of the international judicial function.


Book
The empire trap
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ISBN: 9781400846603 1400846609 9781299747906 1299747906 9780691155821 0691155828 Year: 2013 Publisher: Princeton, N.J. Princeton University Press

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Throughout the twentieth century, the U.S. government willingly deployed power, hard and soft, to protect American investments all around the globe. Why did the United States get into the business of defending its citizens' property rights abroad? The Empire Trap looks at how modern U.S. involvement in the empire business began, how American foreign policy became increasingly tied to the sway of private financial interests, and how postwar administrations finally extricated the United States from economic interventionism, even though the government had the will and power to continue. Noel Maurer examines the ways that American investors initially influenced their government to intercede to protect investments in locations such as Central America and the Caribbean. Costs were small--at least at the outset--but with each incremental step, American policy became increasingly entangled with the goals of those they were backing, making disengagement more difficult. Maurer discusses how, all the way through the 1970s, the United States not only failed to resist pressure to defend American investments, but also remained unsuccessful at altering internal institutions of other countries in order to make property rights secure in the absence of active American involvement. Foreign nations expropriated American investments, but in almost every case the U.S. government's employment of economic sanctions or covert action obtained market value or more in compensation--despite the growing strategic risks. The advent of institutions focusing on international arbitration finally gave the executive branch a credible political excuse not to act. Maurer cautions that these institutions are now under strain and that a collapse might open the empire trap once more. With shrewd and timely analysis, this book considers American patterns of foreign intervention and the nation's changing role as an imperial power.

Keywords

Right of property --- Americans --- American property --- Investments, American --- Imperialism --- Colonialism --- Empires --- Expansion (United States politics) --- Neocolonialism --- Political science --- Anti-imperialist movements --- Caesarism --- Chauvinism and jingoism --- Militarism --- American investments --- Property, American --- Alien property --- Americans in foreign countries --- Ownership of property --- Private ownership of property, Right of --- Private property, Right of --- Property, Right of --- Property rights --- Right of private ownership of property --- Right of private property --- Right to property --- Civil rights --- Property --- History --- Law and legislation --- United States --- Foreign economic relations. --- Foreign relations --- Politics and government --- E-books --- Foreign property --- Investments, American - History - 20th century --- United States - Foreign economic relations --- United States - Foreign relations - 20th century --- United States - Politics and government - 20th century --- 1900 imbroglio. --- American advisers. --- American court. --- American empire. --- American foreign policy. --- American government. --- American interests. --- American investments. --- American investors. --- American pressure. --- American property rights. --- American property. --- American protection. --- Calvin Coolidge. --- Caribbean. --- Central America. --- Cold War empire. --- Cold War. --- Communist expansion. --- Cuba. --- Democrats. --- Dominican Republic. --- Eisenhower. --- European court. --- Franklin Roosevelt. --- Great Depression. --- Herbert Hoover. --- Kennedy expansion. --- Latin America. --- Latin American governments. --- Liberia. --- McKinley administration. --- Philippines. --- Second World War. --- Soviet Union. --- Soviet bloc. --- Theodore Roosevelt. --- U.S. economy. --- U.S. foreign investors. --- U.S. government. --- U.S. territory. --- United States. --- Warren Harding. --- West Africa. --- Woodrow Wilson. --- aid programs. --- anti-imperialism. --- anti-imperialists. --- arbitration judgments. --- circum-Caribbean. --- communist expansion. --- creditors. --- direct investors. --- domestic political costs. --- economic interventionism. --- empire trap. --- fair compensation. --- fiscal receiverships. --- foreign aid. --- foreign debt. --- foreign government. --- foreign governments. --- foreign nations. --- human rights. --- imperial expansion. --- imperialism. --- international tribunals. --- intervention policy. --- interventionism. --- national integrity. --- nonintervention. --- political innovations. --- political instability. --- political stability. --- politicized confrontations. --- pre-Depression era. --- private investors. --- property rights. --- republican administrations. --- sovereign immunity. --- trade controls.

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