Interactions between Regional and Universal Organizations

Interactions between Regional and Universal Organizations

Frieden in Freiheit/Peace in Liberty/Paix en liberté: Festschrift für Michael Bothe zum 70. Geburtstag, Baden-Baden, Berlin, 2008, pp. 123–141. Ihrai, S., “Le maintien de la paix et de la sécurité internationale ...

Author: Laurence Boisson de Chazournes

Publisher: BRILL

ISBN: 9789004258969

Category: Law

Page: 408

View: 315

Cooperation through international organizations is fundamental to the international legal order. International organizations are nowadays ubiquitous and come in many different manifestations, each allowing for different levels of international cooperation. The profile of regional and universal organizations may vary greatly from one organization to another. At the same time, they do not live apart and this has led to the creation of a complex network of relationships. These relationships have seldom been the object of scholarship, and this book seeks to address that gap. In general, the relationships between international organizations can give rise to such issues as the conditions placed upon one organization by another, demarcations of competence, membership of other organizations, and various forms of collaboration involving the conclusion of agreements between organizations. Optimal coexistence, cooperation and coherence all play a role in optimizing the relations between international organizations. The volume concludes by analysing current challenges, including those of legal identity, responsibility and accountability, as well as making proposals for reform, such as through the development of a common law between organizations.
Categories: Law

International Arbitration and the Permanent Court of Arbitration

International Arbitration and the Permanent Court of Arbitration

... Völkerrechtliche Streibeilegung in der Confidentiality Commission der OPCW, in Fischer-Lescarno, Andreas/Gasser, Hans-Peter/Marauhn, Peter/Ronzitti, Natalino (Eds.), Frieden in FreiheitPeace in libertypaix en liberté.

Author: Manuel Indlekofer

Publisher: Kluwer Law International B.V.

ISBN: 9789041147745

Category: Law

Page: 488

View: 535

The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
Categories: Law

The Handbook of the International Law of Military Operations

The Handbook of the International Law of Military Operations

in A. Fischer-Lescano, H.-P. Gasser, T. Marauhn, and N. Ronzitti, Frieden in Freiheit. Peace in Liberty. Paix en liberté (Baden-Baden: Nomos, 2008), 391–407, at 405. 12 See Fleck (ed.), above (n. 4), Section 1307.

Author: Terry D. Gill

Publisher: Oxford University Press

ISBN: 9780199641215

Category: Law

Page: 657

View: 442

The past decades have seen a remarkable development of military operations both within the United Nations collective security system and in other international settings. While traditional forms of military operations have been maintained and further developed, there have also been substantive developments, responding to new challenges for international security, the specific requirements of international and multinational cooperation, and legal regulation. Treaty law, customary law, and best practice relevant for military operations derive from various branches of international law which have to be applied in context. Cooperation between States and International Organizations has brought about a progressive development of applicable rules, and a requirement for legal control both at the national and international level. At the same time, the correct application of legal rules and best practice has become one of the benchmarks for the assessment of military operations and failure to meet appropriate standards can have significant military and political, as well as legal, implications. This makes the identification and correct application of these rules of crucial importance in the planning and conduct of all types of military operations. The absence of an all-encompassing set of regulations and the need to find specific solutions for tasks characterized by an interdependence of efforts have made a reassessment of this important part of international law both a timely and topical task. Renowned international lawyers have joined together in this project to offer their insight in the relevant principles and provisions. They address important rules for enforcement, peace enforcement, and peace operations, as well as for other military operations conducted within the context of self-defence and other possible legal bases for the use of force.
Categories: Law

Compensation for Environmental Damage Under International Law

Compensation for Environmental Damage Under International Law

Frieden in Freiheit = Peace in liberty = Paix en liberté: Festschrift für Michael Bothe zum 70 Geburtstag (Nomos, 2008), 14. 6 Cymie R. Payne, 'Developments in the Law of Environmental Reparations: A Case Study of the UN Compensation ...

Author: Jason Rudall

Publisher: Routledge

ISBN: 9781000034943

Category: Law

Page: 132

View: 858

Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.
Categories: Law

Yearbook of International Humanitarian Law 2011 Volume 14

Yearbook of International Humanitarian Law 2011   Volume 14

In: Fischer-Lescano A, Gasser H-P, Marauhn T, Ronzitti N (eds) Frieden in Freiheit, Peace in liberty. Paix en liberté, Baden–Baden/Zürich Gill TD, Fleck D (eds) (2010) The handbook of the ...

Author: Michael N. Schmitt

Publisher: Springer Science & Business Media

ISBN: 9789067048552

Category: Law

Page: 506

View: 567

The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Categories: Law

The Use of Armed Force in Occupied Territory

The Use of Armed Force in Occupied Territory

Frieden in Freiheit, Peace in liberty, Paix en liberté – Festschrift fur Michal Bothe zum 70. Geburtstag (Nomos 2008) 285; Christian Tomuschat, 'Prohibition of Settlements' in Clapham, Gaeta, & Sassòli (ed.), The 1949 Geneva Conventions ...

Author: Marco Longobardo

Publisher: Cambridge University Press

ISBN: 9781108473415

Category: History

Page: 320

View: 880

Explores the use of armed force in occupied territory under different international law branches.
Categories: History

EU Constitutional Law

EU Constitutional Law

56 A Rosas, 'EU Primary Law as Substantive Law' in A Fischer-Lescano et al (eds), Frieden in FreiheitPeace in LibertyPaix en Liberté: Festschrift für Michael Bothe zum 70. Geburtstag (Baden-Baden, Nomos Verlagsgesellschaft, 2008) 957.

Author: Allan Rosas

Publisher: Bloomsbury Publishing

ISBN: 9781509909155

Category: Law

Page: 352

View: 713

The third edition of this acclaimed book continues the story of the EU's constitutional journey. The EU's constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution. In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union. Fully updated to include the ramifications of Brexit, the book succeeds – where others have struggled – in making sense of the EU's complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market. Recently it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, and the work towards creating a European banking union underlines the continued need to monitor economic and fiscal policy. Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.
Categories: Law

International Legal Positivism in a Post Modern World

International Legal Positivism in a Post Modern World

(eds), Frieden in FreiheitPeace in LibertyPaix en liberté: Festschriftf ̈ur Michael Bothe zum 70. Geburtstag (Nomos 2008) 847–863. 23 Thomas Skouteris, 'The Force of a Doctrine: Art. 38 of the PCIJ Statute and the Sources of ...

Author: Jörg Kammerhofer

Publisher: Cambridge University Press

ISBN: 9781107019263

Category: Law

Page: 552

View: 118

The first comprehensive study of international legal positivism and how this theory operates in twenty-first-century international legal scholarship.
Categories: Law

A Companion to International Humanitarian Law

A Companion to International Humanitarian Law

Frieden in Freiheit. Peace in Liberty. Paix en Liberté. Festschrift für Michael Bothe zum 70. Geburtstag (2008), at 571–576, on why being used as human shields does not amount to dph. 69 Judgment, Prosecutor v. Sesay, supra note 18, ...

Author: Dražan Djukić

Publisher: BRILL

ISBN: 9789004342019

Category: Political Science

Page: 760

View: 676

The Companion to International Humanitarian Law offers a much-needed tool for both scholars and practitioners, supplying information accessible enough to enable a variety of users to quickly familiarise themselves with it and sufficiently comprehensive to be a source for reflection and further research for more demanding users. Its aim is to facilitate the practical application of IHL, and be of use to a wide audience interested in or confronted with IHL, ranging from professionals in humanitarian assistance and protection in the field, legal officers and advisers at the national and international level, trainers, academics, scholars, and students.
Categories: Political Science

Maritime Security and Defence Against Terrorism

Maritime Security and Defence Against Terrorism

Ronzitti, Natalinio, “The Proliferation Security Initiative and International Law” Frieden in Freiheit - Peace in liberty - Paix en liberté. Festschrift für Michael Bothe zum 70. Geburtstag (Andreas Fischer-Lescano, et al, ed., ...

Author: IOS Press

Publisher: IOS Press

ISBN: 9781614990901

Category: Political Science

Page: 132

View: 627

Incidents of piracy doubled in number from 2008 to 2009, highlighting the need for stronger measures to combat the problem. At the same time, the threat from terrorist actions in the maritime environment also represents an increasingly worrying trend. This book presents the proceedings of the NATO Centre of Excellence – Defence Against Terrorism (COE-DAT) Advanced Research Workshop, entitled ‘Maritime Security and Defence Against Terrorism’, held in Ankara, Turkey, in November 2010. The workshop consisted of four sessions: threats in the maritime environment; vulnerabilities and sensitivities of maritime security; combating the threats to maritime security and maritime terrorism; and lastly, Turkey's contribution to global maritime security. Each of the presentations was followed by a debate, with the 10 experts from five countries joining the group of international participants to discuss the issues raised together; the aim of the workshop being to facilitate awareness of the issues in NATO and affiliated countries. Representing a significant contribution to finding the way forward in maritime security, this book will be of interest to all those whose work involves them in countering piracy and the terrorist threat in the maritime environment.
Categories: Political Science