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28 produkter
28 produkter
E-bok
PDF, Engelska, 2012492 kr
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This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Courtreviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which theIndian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107).This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.
E-bok
Engelska, 2012391 kr
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This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Courtreviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which theIndian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107).This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.
Inbunden, Engelska, 2024
2 754 kr
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The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.
Inbunden, Engelska, 2018
1 938 kr
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The application of international law by domestic courts has gained increasing attention in recent years. In an ever-more interconnected world, domestic courts now make reference to judgments by foreign courts when faced with similar or identical legal problems involving international law. Their judgments see increasing recognition of their pivotal role in shaping and interpreting international law. Understanding them will be of use for any practitioner and scholar in international law. International Law in Domestic Courts, Oxford's online collection of domestic court decisions which apply international law, has been providing scholars with at-your-fingertips access to analysis and commentary for more than a decade. First established in 2006, it now includes over 1,700 judgments of cases involving international law-related aspects from nearly 100 countries and continues to expand. This Casebook is the perfect companion, presenting a selection of the most important cases along with a commentary to give a holistic overview of the use of international law in national courts, and how the jurisprudence has developed international law itself. Practitioners, students, and academics will find this an invaluable resource when faced with the complex questions of applying international law in domestic courts.
Häftad, Engelska, 2018
705 kr
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The application of international law by domestic courts has gained increasing attention in recent years. In an ever-more interconnected world, domestic courts now make reference to judgments by foreign courts when faced with similar or identical legal problems involving international law. Their judgments see increasing recognition of their pivotal role in shaping and interpreting international law. Understanding them will be of use for any practitioner and scholar in international law. International Law in Domestic Courts, Oxford's online collection of domestic court decisions which apply international law, has been providing scholars with at-your-fingertips access to analysis and commentary for more than a decade. First established in 2006, it now includes over 1,700 judgments of cases involving international law-related aspects from nearly 100 countries and continues to expand. This Casebook is the perfect companion, presenting a selection of the most important cases along with a commentary to give a holistic overview of the use of international law in national courts, and how the jurisprudence has developed international law itself. Practitioners, students, and academics will find this an invaluable resource when faced with the complex questions of applying international law in domestic courts.
Inbunden, Engelska, 2007
1 979 kr
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This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the domestic legal orders of over 190 sovereign states on the other handThe traditional and dominant understanding of this relationship is that there exists a strict separation between the international legal order and domestic legal orders. Processes of legal globalisation and internationalisation have made this relationship much more complex. Legal authority has shifted away from the state in both vertical and horizontal directions. Forced by the pressures of interdependence, states have allowed international bodies to oversee and sometimes even implement and enforce domestic legislation. At the same time, private persons are more and more drawn into an internationalized order. Increasing cross-border flows of services, goods and capital, mobility, and communication have further undermined any stable notion of what is national and what is international.This book offers several partly complementary and partly competing perspectives that allow us understand and make sense of the complex interaction between the international and domestic sphere.
Inbunden, Engelska, 2011
1 949 kr
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This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107).This book primarily explores what it is that international law requires, expects, or aspires that domestic courts do, and against this backdrop of what international law requires it seeks to map patterns of domestic practice in the actual or possible application of international law, and to determine what such patterns mean for the protection of the rule of international law.
Häftad, Engelska, 2004
1 111 kr
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In response to the weaknesses of international tribunals and domestic courts in the prosecution of crimes such as genocide, crimes against humanity and war crimes, a new generation of "internationalized" criminal courts has been established. This book addresses three active and one putative jurisdiction of this kind in East Timor, Kosovo, Sierra Leone, and Cambodia.
Häftad, Engelska, 2012
637 kr
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This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107).This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.
Inbunden, Engelska, 2002
5 276 kr
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E-bok
PDF, Engelska, 2025656 kr
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The tragic events in the 1990s in Rwanda, Srebrenica and Kosovo, and the crisis in Libya in 2011 have triggered a fundamental rethinking of the role and responsibility of the international community. It is now accepted that while individual states continue to bear the primary responsibility to protect their populations against genocide, ethnic cleansing, crimes against humanity and war crimes within their boundaries, the international community should step in when the state is unable or unwilling to provide such protection. The principle of the Responsibility to Protect, or RtoP, reflects this recognition, and provides the normative basis for involvement of the international community in cases of mass atrocities. This thoughtful work is a major contribution towards clarifying what RtoP can offer, moving from principle to practice. It spans the disciplines of international law, international relations, and moral philosophy.
E-bok
Engelska, 2025656 kr
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The tragic events in the 1990s in Rwanda, Srebrenica and Kosovo, and the crisis in Libya in 2011 have triggered a fundamental rethinking of the role and responsibility of the international community. It is now accepted that while individual states continue to bear the primary responsibility to protect their populations against genocide, ethnic cleansing, crimes against humanity and war crimes within their boundaries, the international community should step in when the state is unable or unwilling to provide such protection. The principle of the Responsibility to Protect, or RtoP, reflects this recognition, and provides the normative basis for involvement of the international community in cases of mass atrocities. This thoughtful work is a major contribution towards clarifying what RtoP can offer, moving from principle to practice. It spans the disciplines of international law, international relations, and moral philosophy.
Inbunden, Engelska, 2012
860 kr
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This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Häftad, Engelska, 2014
502 kr
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This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
E-bok
Engelska, 2014583 kr
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The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.
E-bok
PDF, Engelska, 2014562 kr
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The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.
Häftad, Engelska, 2018
518 kr
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This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism.The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
Del 9 - Series on Transitional Justice
International Law in Domestic Courts: Rule of Law Reform in Post-Conflict States
Inbunden, Engelska, 2012
1 105 kr
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States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The volume contains case studies of the role of domestic courts in various post-conflict and transitional situations (Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda).Each of these case studies seeks to answer questions relating to the exact constitutional moment empowering domestic courts to apply international law, the range of international legal norms that are applied, the involvement of international actors in bringing about change, the contextualization of international legal norms in states in transition, tension within such states as a result of the application of international law, and the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment.
E-bok
PDF, Engelska, 2016557 kr
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This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism.The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
557 kr
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This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism.The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
E-bok
PDF, Engelska, 2014564 kr
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In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
E-bok
Engelska, 2014585 kr
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In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
Inbunden, Engelska, 2012
1 286 kr
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In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
Häftad, Engelska, 2014
544 kr
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In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
Inbunden, Engelska, 2016
1 286 kr
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This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism.The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
E-bok
PDF, Engelska, 20024 764 kr
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The main challenge for international environmental law is to strike an adequate balance between the discretion of states to undertake economically attractive activities and the need for constraint in order to protect the environment. This book examines in relation to one particularly elaborate environmental regime (the regime for transboundary water pollution as it applies to the Netherlands) how international law has sought to replace discretion by constraint, and what limitations have been encountered with that endeavour.
The study provides a comprehensive assessment of the main assets and lacunae of the regime for transboundary water pollution. It discusses the applicable substantive and procedural rules (including new developments such as the precautionary principle, the obligation to apply the best available clean technology and the obligation to conduct environmental impact assessments); the combined use of legal rules (such as the 1992 Convention on the Protection of Transboundary Watercourses and the 1992 Paris Convention on the Protection of the Marine Environment of the North-East Atlantic) and non-legal rules (such as the Rhine Action Programme), and the application of procedures to control the implementation of states'' obligations. As many of the issues are not exclusively relevant to transboundary water pollution, the main conclusions of this study may prove directly applicable to other international environmental regimes.
André Nollkaemper is research-fellow at the Netherlands Institute for the Law of the Sea (NILOS) and the Institute for Public International Law, Utrecht University.
Inbunden, Engelska, 2008
502 kr
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International law has increasingly become a part of the EU legal order, and has thereby become 'Europeanised'. Consequently, its application and interpretation by EU Member States is no longer solely a matter for their own constitutional order, but is also governed by EU law. This book addresses the effects of European integration on the position of public international law in the European Union and its Member States, illuminating critical questions pertaining to this triangular relationship. Are we dealing with the emergence of a distinct European system of public international law? To what extent do Member States actually recognise the effect of this 'Europeanisation' of international law? What role does the European Court of Justice play with respect to the application and interpretation of 'Europeanised' international law within the Member States.
Häftad, Engelska, 2003
415 kr
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