International public law 18 results

This book provides the first comprehensive analysis of why the original Judgments Project of the Hague Conference on Private International Law failed in 2001. Through examining the significant weaknesses in the management and preparation of the negotiations which contributed substantially to the lack of success in adopting a convention text at a Diplomatic Session, the books sets out the lessons that can be drawn from the premature end of the project.

 

Over the past two decades, various jurisdictions around the world have created new specialised domestic courts to manage international commercial disputes. This book studies these new international commercial courts from a comparative perspective and examines their role in cross-border litigation.

 

This book includes a general report and a series of special national reports that discuss trends in the judicial enforcement of economic, social and cultural rights worldwide.

The principles of independence and impartiality are fundamental to the proper administration of justice. This book examines how these principles are implemented in a variety of settings: in national courts of selected jurisdictions, international courts and international arbitration.

The sources of International Humanitarian Law directly accessible to Belgian and foreign audience, allowing a better control and knowledge of this matter.

This book analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected in various areas, including the global commons, and human rights and security related issues.

With no new books written on these legal systems for nearly 30 years, this book fills a gap in the literature and offers a true 'insider' perspective with the majority of authors being indigenous or long-term residents of the countries in question.

This book examines how international judicial and non-judicial bodies in Europe address the needs of the families of forcibly disappeared persons.

This book brings together international experts to discuss questions and challenges relating to the legal articulation of the emerging right to gender self-determination and its consequences for law and society, such as the future of sex/gender registration and the protection of trans persons against discrimination.

How do memory and remembrance relate to transitional justice that lays emphasis on restoration? What is captured and what is obliterated in individual and collective efforts to come to terms with a violent past? Across this volume consisting of twelve in-depth contributions, the politics of memory in various countries are related to restorative justice under four headings: restoring trust, restoring truth, restoring land and restoring law.

Does a person accused of genocide, crimes against humanity or war crimes before the International Criminal Court (ICC) enjoy the same human rights as a person accused of the same crimes before a national jurisdiction?

Common Interests in International Litigation provides answers to questions that international litigation faces as the result of an increasing recognition of common interests in this area, with an ever-expanding network of specialised judicial bodies.

This book explores the extent to which Responsibility to Protect shifts our understanding of both the potential and practice of international law.

This book identifies rules and limits of cross-border computer network operations for which States bear the international responsibility during both peace and war. It consequently addresses questions on jus ad bellum and jus in bello in addition to State responsibility.

This book fills a gap in the literature on how the Convention for the Protection and Promotion of the Diversity of Cultural Expressions positions itself within the bigger field of public international law. Several studies have been undertaken regarding the relationship of this Convention with the trade regime. However, the drafting process of the Convention brought many more than only trade issues to the forefront, such as heritage law, human rights law, or development law issues. This book investigates to what extent the Convention has impact on these various fields of law and thus aims at clarifying the Convention’s contribution to the fragmentation of public international law.

Fundamental rights provisions are known for their relatively vague and general formulation. As a result, judges dealing with these provisions are confronted with many and often controversial interpretative choices. These interpretative choices already present judges operating in a national context with difficulties, but that is even more so for European judges of the ECtHR and the CJEU. This volume analyses the use legal interpretation methods and principles in the fundamental rights case law of the ECtHR and the CJEU.

This book combines an insight into the legal aspects of operations conducted as part of the European Security and Defence Policy (ESDP) of the EU with an analysis of the status and obligations of international organizations under international law and applies the findings thereof to the law of armed conflict and human rights in relation to ESDP operations.

The book opens with an introduction to the conventions and then presents contributions of experts working for various organisations which are of extreme importance for the implementation and understanding of standards: the Committee of Experts of the ILO, the Council of Europe, a national government, university professors, a judge, a government advisor from an East European country, and a trade union. The book concludes with a chapter in which the contributions are put into perspective. As a result, the legal meaning and interpretation of the standards is approached from various angles in a unique way.