Описание: Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.
Описание: Explores the three most prominent island disputes in East Asia: the Dokdo/Takeshima, the Senkaku/Diaoyu, and the Paracel and Spratly disputes. This book uses a territorial bargaining game framework to analyze various stages of dispute initiation, escalation, and de-escalation in a consistent and systematic manner.
Описание: In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.
Автор: Bartels, Lorand; Ortino, Federico Название: Regional Trade Agreements and the WTO Legal System ISBN: 0199207003 ISBN-13(EAN): 9780199207008 Издательство: Oxford Academ Рейтинг: Цена: 4006 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. This book examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic.
Описание: The procedures and practices to implement the provisions relating to tariff negotiations and renegotiations have evolved considerably since the GATT was established in 1947. The provisions themselves have undergone some changes in the last fifty-four years. Professor Hoda reviews the evolution of these provisions and of the procedures adopted and practices followed by the contracting parties to GATT 1947 and the Members of the WTO. He goes on to offer some conclusions and recommendations. This book will be of particular interest to negotiators including Geneva based delegations, members of government trade ministries, economists, and all academics who specialise in trade policy.
Автор: Mitchell Название: Legal Principles in WTO Disputes ISBN: 1107401631 ISBN-13(EAN): 9781107401631 Издательство: Cambridge Academ Рейтинг: Цена: 3121 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A guide to how the World Trade Organization interprets the rules and solutions to disputes between its Members.
Описание: How viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-a-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII.
Автор: Valencia, Mark J. Название: China and the South China Sea Disputes ISBN: 0198280890 ISBN-13(EAN): 9780198280897 Издательство: Oxford Academ Цена: 1452 р. Наличие на складе: Поставка под заказ.
Описание: This is an analysis of China's political rhetoric, actions and intent in the area of the South China Sea. It reviews China's relations with the United States, ASEAN and other claimants in the region, and offers an assessment of future relations and policies.
Описание: The European Union has become the respondent of several international trade disputes. This book examines the right to compensation for damage resulting from retaliatory measures imposed under the system of the World Trade Organization in disputes triggered by the EU. Anne Thies evaluates the implications of the EU's membership in the WTO for its domestic system of rights and judicial protection. Emphasising the necessity of maintaining EU standards of protection independently of the external dimension of EU action, the book offers suggestions on how the current gap of protection could be filled while upholding the scope for manoeuvre of the EU institutions on the international plane. In addition, it places the issue in its broader context of the relationship between international law and EU law on the one hand, and the discretion of the EU as a global actor and standards of individual rights protection under EU law on the other.
Описание: International cultural heritage law has no set mechanism for dispute settlement. Disputes are settled through negotiation or through existing dispute resolution means: before domestic or international courts. This book offers a solution to the problem of the disparity this creates by advocating an evolution of the rules of the existing regime.
Автор: Klein Название: Litigating International Law Disputes ISBN: 1107017068 ISBN-13(EAN): 9781107017061 Издательство: Cambridge Academ Рейтинг: Цена: 9366 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.
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