Описание: When war is being waged, man is inclined to ask himself whether only force is governing the relations between States. War, it is argued, rests on a fact, not on law, and so the existence of international law, asa body of rules applicable to the relations between States or to the relations between States and international institutions, is called into question. Is international law-both the law of peace and of war-really based on general principles of law, such as domestic law, or is it but a conception of the spirit? The problem of the significance of general principles in international law has already been examined bi; many authors, especially in relation to article 38 3 of the Statute of the Permanent Court of International Justice, which Court is to apply, apart from international conventions and custom, "the general principles of law recognized bij civilized nations. " The purpose of this study was to construct a new method of inquiry into the general principles, upon which international law is based. International law is unwritten law. Its positive rules must be sought in treaty texts, diplomatic correspondence, or decisions of interna- tional tribunals. The latter material will be especially used in this study, so as to avoid data of a rather political and subjective nature. Moreover, the international judge or arbitrator is mostly asked to 1 apply general rules of international law.
Описание: Michael Vagias analyses the International Criminal Court`s territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories.
Описание: Yuval Shany provides a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals by treating jurisdiction and admissibility as instruments for delegation of decision-making authority and critically evaluating judicial exercise of discretion under the existing case law.
Описание: This book examines the concept of port state jurisdiction in the context of international maritime law, with a focus on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law.
Описание: This book covers the development and current position of civil jurisdiction rules in the EU, analysing the three main regulations on civil jurisdiction and their effect on parties domiciled or habitually resident outside the EU, particularly regarding the recognition and enforcement of judgments made within the EU in external jurisdictions. The book also looks into the institutional issue of external relations the European Community maintains with third States, principally how these third States are able to conclude international agreements with EU Member States.
Автор: Wang Название: Internet Jurisdiction and Choice of Law ISBN: 0521199336 ISBN-13(EAN): 9780521199339 Издательство: Cambridge Academ Рейтинг: Цена: 17107.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This comparison of the rules of internet jurisdiction and choice of law in the EU, USA and China proposes solutions relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.
Автор: Valverde Mariana Название: Chronotopes of Law: Jurisdiction, Scale and Governance ISBN: 041571558X ISBN-13(EAN): 9780415715584 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book develops a new framework for analyzing the spatio-temporal workings of law and other forms of governance. Chronotopes of Law argues that studies of law and governance can be reinvigorated by drawing on a bundle of quite heterogenous analytical tools that do not have a single provenance or a single political or normative aim but that work well in combination.
Analyses of legal temporality carried out by anthropologists and studies of law and space undertaken by geographers and legal scholars have proliferated in recent years, but these research traditions have remained largely separate. By adapting notions such as intertextuality, dialogism, and the 'chronotope' from Mikhail Bakhtin, notions designed specifically to synthesize considerations of space and time in a framework that is open-ended, interactive and dynamic, Mariana Valverde develops an anti-metaphysical theory and method for legal studies. This approach will be useful both to theorists and to researchers seeking to illuminate the actual workings of law and other forms of governance. Indeed, a key aim of the book is to break down the institutional and disciplinary barriers that prevent theorists from learning from empirical studies and viceversa.
Written by one of the foremost sociolegal scholars writing today, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society.
Автор: Sami Shubber Название: Jurisdiction Over Crimes on Board Aircraft ISBN: 9401502277 ISBN-13(EAN): 9789401502276 Издательство: Springer Рейтинг: Цена: 12157.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: by D.H.N. Johnson* Over the last decade few matters having some connexion with international law have aroused public interest to the same extent as "hijacking", "aerial piracy", "unlawful seizure of aircraft", "unlawful interference with aircraft"--call it what you will. Unfortunately, few matters have also contributed to the same extent to create in the public mind a sense of disillusion with international law arising from its apparent inability to suppress an unprecedented menace to freedom of communication. In 1944 the governments that concluded the Chicago Convention on International Civil Aviation referred in their preamble of that instrument to their "having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner". What is now at issue is the extent to which this important obligation has been carried out. Few people are more qualified to examine this question than the author of this work. A lecturer in international law at the University of Baghdad, with a background of postgraduate studies in London and in Cambridge, also having some experience as an international civil servant, Dr. Sami Shubber is well aware of the political, practical and legal obstacles that have prevented the international community from living up to the pledges given in 1944. Even the plethora of terms, cited above, used to describe the menace is itself an indication of the strength of these obstacles.
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