Queen Mary Studies in International Law – serie
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31 produkter
31 produkter
Del 2 - Queen Mary Studies in International Law
Global Civil Society in International Lawmaking and Global Governance
Theory and Practice
Inbunden, Engelska, 2010
3 460 kr
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International law scholarship has not adequately recognised the magnitude of the role of ‘global civil society’ in ‘global governance’ and ‘international lawmaking.’ Building upon theoretical, historical and legal scholarship and presenting studies of GCS actor practice in a wide range of lawmaking processes, including treaty-making, conferences, international organisations and adjudicatory mechanisms, this book convincingly demonstrates that GCS actors have created and influenced the creation of norms of binding public international law and influential non-binding ‘soft’ or non-law. It presents a compelling case that calls for augmenting GCS access to information, participation in legal decision-making processes for those likely to be affected, and access justice thereby enhancing the legitimacy of public international law.
Del 1 - Queen Mary Studies in International Law
Treaty Interpretation and the Vienna Convention on the Law of Treaties: 30 Years on
Inbunden, Engelska, 2010
2 731 kr
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Interpretation has always had a prominent place in international adjudication, yet its role has been further enhanced during the last few decades with the expansion of the regulatory range of international law and the proliferation of international judicial bodies. In such a diverse new world and celebrating the 30 years since the entry into force of the VCLT, this Volume on Treaty Interpretation attempts a much needed re-examination of the issues of treaty interpretation. In the first part of this Volume the authors focus on the VCLT itself and examine the nature of interpretation and the normative content of the relevant provisions. In the second and third parts of the Volume the analysis turns to the characteristics of treaty interpretation as applied within two of the most important sectors of international law i.e. that of trade and investment law on the one hand and of human rights on the other. Such a two-tiered approach allows for a more comprehensive understanding of the content and function of the principles of interpretation as enshrined in Articles 31-33 of the VCLT.
Del 11 - Queen Mary Studies in International Law
Beyond Territoriality
Transnational Legal Authority in an Age of Globalization
Inbunden, Engelska, 2012
3 810 kr
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Taking “extraterritoriality,” the traditional touchstone for the state-centered allocation of transnational legal authority, as its conceptual starting point the book traces the evolution of transnational legal authority in the course of globalization. It examines various representative transnational legal scenarios, covering issues of, inter alia, the environment, foreign trade and investment, corporate governance, criminal justice, cyberspace, and arms control. The end result is a complex, yet nuanced picture of today’s global governance architecture in which transnational legal authority may be exercised unilaterally or multilaterally; be minimally coordinated internationally or formally institutionalized; reflect a traditional state-centered, a supra-national or “privatized" approach; and be rooted in a single or a multiple-layered normative system.
Del 3 - Queen Mary Studies in International Law
Human Rights and the Environment
Philosophical, Theoretical and Legal Perspectives
Inbunden, Engelska, 2010
1 814 kr
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This book explores the philosophical, theoretical and legal bases that underpin the linkage between human rights and the environment. Such linkage, grounded in reality, is an innovative way of addressing environmental issues through the lens of a well-established international human rights system. The book argues that a new set of environmental rights is gradually forging its way into international law and suggests a re-configuration of the human rights system in the context of sustainable development and the notion of solidarity rights. In doing so, two sets of concepts are considered: first, the possibility of a rapprochement between environmental ethics and the human rights doctrine and, second, the theoretical and practical links among the concepts of development, democracy, environment and sustainable development.
Del 4 - Queen Mary Studies in International Law
Global Constitutionalism in International Legal Perspective
Inbunden, Engelska, 2011
2 116 kr
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The question of whether a global constitution exists or is emerging, and if so, what form it takes, is one of the most intriguing and controversial topics of recent international theory. This book examines public international law contributions to the debate, specifically taking a step back to enquire about the underlying assumptions that inform this debate. While contemporary contributors declare the idea of global constitutionalism to be global, this book reveals and interrogates the underlying liberal democratic themes that define prevailing approaches, thus calling universality into question. Drawing on critical theories within and without the international legal discipline, this book suggests a reconceptualisation of global constitutionalism in terms of what is named ‘organic global constitutionalism’. The book thus addresses significant shortcomings and illuminates necessary reorientations to a field that is currently still in the crucial phase of formation.
Del 5 - Queen Mary Studies in International Law
Evolving principles of International Law
Studies in Honour of Karel C. Wellens
Inbunden, Engelska, 2011
2 743 kr
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This volume offers an overview of several emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time. While the focus lies on leading principles, these are analysed within a broader context and through various different thematic lenses. Consequently, the chapters at the heart of this book contain comprehensive surveys of a number of specialised topics and particular sub-domains. The result is an original series of reflections, painting a chequered picture of pivotal changes and longitudinal shifts in the global legal community.Evolving Principles of International Law marks the occasion of the retirement of Karel Wellens as the Chair of International Law at Radboud University Nijmegen, The Netherlands, and has contributions by André Nollkaemper, Malcolm Shaw, Rein Müllerson and many others.
Del 8 - Queen Mary Studies in International Law
Development and Effectiveness of International Administrative Law
On the Occasion of the Thirtieth Anniversary of the World Bank Administrative Tribunal
Inbunden, Engelska, 2012
3 114 kr
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International administrative law, or more precisely the law of the international civil service, has been the focus of increased attention in recent years. A part of the discussion has focused on the design of the justice mechanisms of international organizations, exemplified by the overhaul of the internal justice system of the United Nations in 2009. The internal justice systems of some international organizations have been subjected to scrutiny before some national courts, and the role and contribution of international administrative tribunals to the development of the law continue to be an important part of discussions of good governance and accountability of international organizations. The essays in this book, written by judges, practitioners, academics and other experts, address these and other issues.
Del 21 - Queen Mary Studies in International Law
Environmental Criminal Liability and Enforcement in European and International Law
Inbunden, Engelska, 2015
2 336 kr
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The drive for harmonisation of environmental criminal standards at both the international and European level emerges from the increasing recognition of the scale and seriousness of environmental crime, the need to strengthen mechanisms of police and judicial interstate cooperation to combat cross-border crime, and the objective to ensure fair competition in a global economy and an integrated EU common market. The harmonisation of environmental criminal law requires a competent institutional framework able to convey the need for criminalisation of environmental harm while not overriding national aspirations to sovereignty in criminal matters. The book Environmental Criminal Liability and Enforcement in European and International Law assesses legal, theoretical and practical questions of harmonisation of national environmental criminal law and the mechanisms for cooperation by sovereign states under European and International Law, with a particular emphasis on legislative developments in the European Union, the Council of Europe and other international institutions, assessing the case for an extension of the jurisdiction of the International Criminal Court over international environmental crimes.
Del 9 - Queen Mary Studies in International Law
Provisionally Applied Treaties: Their Binding Force and Legal Nature
Inbunden, Engelska, 2012
2 255 kr
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In Provisionally Applied Treaties: Their Binding Force and Legal Nature, Anneliese Quast Mertsch examines the binding force and legal nature of treaties during the period of their provisional application, a subject whose significance in practice is not reflected in the relatively limited attention it receives in academic writing. She analyses academic opinion and international practice (including especially the manifestations of the intentions of the parties) on the subject. Whilst commonly considered as being in a class of their own, the book instead suggests that provisionally applied treaties are agreements whose binding force and legal nature can vary and should be determined on a case-by-case basis, as is done with other agreements in international law.
Del 7 - Queen Mary Studies in International Law
Self-Determination, Dignity and End-of-Life Care
Regulating Advance Directives in International and Comparative Perspective
Inbunden, Engelska, 2012
2 661 kr
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This volume gathers the contributions of leading researchers in the fields of bioethics, medical law and human rights. By providing an interdisciplinary reading of advance directives regulation against the background of European and International law, this book aims to offer new insights into the most controversial legal issues surrounding the theme of dignity and autonomy at the end of life. Cross-cultural perspectives from Europe, the Americas, Australia and China offer a comparative analysis of legal approaches to end-of-life decision-making and care, including the hotly debated issues of euthanasia and assisted suicide, also giving an account of recent developments in domestic legislation and jurisprudence. Special focus is placed on the Italian legal system and its ongoing discussion on advance directives regulation.
Del 17 - Queen Mary Studies in International Law
Article 31(3)(c) VCLT and the Principle of Systemic Integration
Normative Shadows in Plato’s Cave
Inbunden, Engelska, 2015
2 688 kr
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In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles. Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.
Del 12 - Queen Mary Studies in International Law
Interpretation and Application of the European Convention of Human Rights
Legal and Practical Implications
Inbunden, Engelska, 2012
2 557 kr
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In The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, the aim is to offer a two-pronged approach on the effect that the ECHR has in the field of human rights as well as in other areas of international law.The first part explores general and theoretical aspects of the application of the ECHR, such as provisional apllication, norm-conflict resolution, the interplay between human rights and occupation law. The second Part, building on the research and conclusions of the first Part, examines the amphidromous relationship of the ECHR with other areas of law. Since no branch of international law exists in "clinical isolation", this Part analyses the effects that the ECHR has on and is recipient of, from a variety of diverse areas of law such as law of the sea, investment law and rights of indigenous peoples.
Del 13 - Queen Mary Studies in International Law
Legacies of the Permanent Court of International Justice
Inbunden, Engelska, 2013
3 044 kr
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Legacies of the Permanent Court of International Justice assesses the continuing relevance of the first 'world court'. Active for merely 2 decades, and dissolved rather quietly in 1945/46 to be replaced by the International Court of Justice, the PCIJ, for better or worse, has shaped our thinking about binding legal dispute resolution. The contributions to this book trace the PCIJ's impact on procedural and substantive aspects of international law and on the development of the international judicial function.
Del 25 - Queen Mary Studies in International Law
Marine Protected Areas in International Law
An Arctic perspective
Inbunden, Engelska, 2016
2 894 kr
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Marine Protected Areas in International law – an Arctic perspective, introduces and analyzes the legal rights and obligations of states under international law, using Marine Protected Areas (MPAs) as a tool to protect marine biodiversity. The fragile Arctic marine environment is under growing pressure from climate change and the prospect of increasing human activity affecting previously untouched areas. The conservation of Arctic marine biodiversity is a pressing and global concern, not least because the melting of sea ice will have widespread effects. By analyzing regional cooperation through the OSPAR Convention and under the Arctic Council, Jakobsen examines the implementation of the global legal framework for biodiversity protection and conservation in the Arctic. The book has a particular focus on the possibilities of the states to regulate shipping within the MPAs, as the increasing shipping activities represent a major threat to the sensitive marine Arctic.
Del 15 - Queen Mary Studies in International Law
Environmental Protection and Sustainable Development from Rio to Rio+20
Protection de l’environnement et développement durable de Rio à Rio+20
Inbunden, Engelska, 2014
2 879 kr
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The Challenges of Environmental Protection and Sustainable Development from Rio to Rio+20 and Beyond is an innovative and original book which addresses in an analytical and critical way the issues raised by Rio+20. Its content offers a wealth of information from world leading experts in the fields of international law, international environmental law and international health law. The book provides a unique insight in issues which are at the core of the contemporary management of social, environmental and economic questions and thus represents a very important contribution to our further understanding of the concept of sustainable development. It is aimed at a global audience and at anybody interested in the future of our Planet and the fate of future generations. Contributors are: Pia Acconci, Estelle Brosset, Francesco Buonomenna, Lucien Chabason, Carina Costa de Oliveira, Angela Di Stasi, Jérôme Dubois, Malgosia Fitzmaurice, Leonardus Gerber, Elizabeth Hodson de Jaramillo, Sophie Lavallée, Antonio Leandro, Sandrine Maljean-Dubois, Panos Merkouris, Claudia Napoli, Stefania Negri, Anna Oriolo, Rossana Palladino, Teresa Russo, Ingrid Schuler, Francesco Sindico, José Manuel Sobrino Heredia, Hélène Tigroudja, Valentina Vadi, Anna Vigorito
Del 18 - Queen Mary Studies in International Law
Terrorism and Exclusion from Refugee Status in the UK
Asylum Seekers Suspected of Serious Criminality
Inbunden, Engelska, 2015
2 301 kr
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Exclusion from refugee status for the suspected commission of serious crimes is a topic fraught with political and legal controversy. This is an area which sees the intersection of refugee law with international criminal and humanitarian law and, increasingly, measures taken in the fight against terrorism. In Terrorism and Exclusion from Refugee Status in the UK, Sarah Singer examines whether and how ‘terrorism’ has featured in the UK’s interpretation and application of the Refugee Convention’s ‘exclusion clause’. A number of sources are drawn on including questionnaires and interviews conducted with immigration judges, the Home Office’s exclusion unit and legal practitioners. She therefore provides an unprecedented and thorough analysis of the UK’s approach to asylum seekers suspected of serious criminality.
Del 23 - Queen Mary Studies in International Law
Whaling in the Antarctic
The Significance and the Implications of the ICJ Judgment
Inbunden, Engelska, 2016
2 475 kr
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This publication gives an in-depth analysis of a very important but complex case before the International Court of Justice. It deals with substantive and procedural aspects of the case, analysed extensively by eminent international lawyers and practitioners. The Whaling in Antarctic case is a landmark case in international law.Contributors: Malgosia Fitzmaurice and Dai Tamada (eds.); Caroline E. Foster; Shotaro Hamamoto; Theodore Christakis; Christian Tams; Mika Hayashi; Joji Morishita; Donald R. Rothwell; Hironobu Sakai; Anthony Press; Akiho Shibata; Yuri Takaya.
Del 47 - Queen Mary Studies in International Law
Legal Regulation of Environmental Crime
The International and European Dimension
Inbunden, Engelska, 2022
2 615 kr
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The Legal Regulation of Environmental Crime - The International and European Dimension provides a comprehensive analysis of the international and EU legal regimes for tackling environmental crime. The book includes an in-depth analysis of the major international conventions as they relate to the regulation of environmental crime (CITES, Basel, MARPOL) and provides a holistic overview of the evolution and content of EU law in the field of environmental crime, covering substantive criminal law harmonisation, judicial cooperation and the role of EU criminal justice bodies and agencies (Europol, Eurojust and the EPPO) in fighting environmental crime. Further, the book addresses key recent policy and legislative developments in the field and offers a timely contribution to legal reform in view of the publication of new proposals on legislation on environmental crime at EU level.
Del 30 - Queen Mary Studies in International Law
Seal Hunt
Cultures, Economies and Legal Regimes
Inbunden, Engelska, 2018
3 312 kr
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In The Seal Hunt: Cultures, Economies and Legal Regimes, Nikolas Sellheim offers a deep analysis of the seal hunt worldwide. He engages on a journey from the northern to the southern hemisphere and explores how the seal hunt has shaped cultures all over the world up to this day. By analysing the different national and international regimes dealing with the seal hunt, Sellheim shows how the perception of the seal and the seal hunt has changed over time and space. Focusing on the European Union and the World Trade Organization, the volume offers an account on how opposition towards the seal hunt has found its way onto the international spheres of governance and trade.
Del 28 - Queen Mary Studies in International Law
L’exploitation des ressources génétiques marines hors juridiction nationale
Inbunden, Franska, 2017
2 417 kr
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The Exploitation of Marine Genetic Resources in Areas beyond National Jurisdiction by Valérie Wyssbrod begins by identifying the legal regime applicable to these underexploited resources which offer vast potential for the development of new drugs, bioplastics, depolluting products and other innovations. The author then outlines provisions for a new treaty, currently under discussion at the UN and presents alternatives to a new regime including revised legal instruments, the development of soft law and the creation of an applicable ecolabel.Dans L’exploitation des ressources génétiques marine hors juridiction nationale, Valérie Wyssbrod détermine en premier lieu le régime juridique actuellement applicable à ces ressources. Ces dernières représentent à l’heure actuelle un potentiel énorme pour le développement de nouveaux médicaments, bioplastiques, dépolluants, etc. Encore peu exploitées, elles seront sans aucun doute au coeur d’un futur processus d’innovation et de nouveaux brevets. Dans un second temps, l’auteur dessine les contours et les principaux axes d’un nouveau traité spécifique, projet actuellement discuté à l’ONU. Valérie Wyssbrod explore finalement trois alternatives au nouveau traité : le remplacement du régime actuel par un autre régime existant, le développement d’un instrument de soft law et la création d’un écolabel.
Del 38 - Queen Mary Studies in International Law
Fundamentals of Public International Law
A Sketch of the International Legal Order
Inbunden, Engelska, 2019
3 358 kr
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Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.
Del 58 - Queen Mary Studies in International Law
Presence of International Organizations in the Evolution of the International Law of the Sea
Thirty Years since the Entry into Force of UNCLOS
Inbunden, Engelska, 2025
3 167 kr
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2024 marked thirty years since the entry into force of the United Nations Convention on the Law of the Sea (UNCLOS). The process of adoption of UNCLOS and its influence on the development of the Law of the Sea are a good illustration of the important role that international organizations have played in contemporary international Law of the Sea, as they are the main producers of international norms. This book focuses on the role of the international (universal, regional, and subregional) organizations in the application of the provisions of UNCLOS and on how their legal orders have been veritable laboratories in which to test the scope of the provisions or rules of UNCLOS.
Del 46 - Queen Mary Studies in International Law
Spratly Islands and International Law
Legal Solutions to Coexistence and Cooperation in Disputed Areas
Inbunden, Engelska, 2021
2 743 kr
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In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation. This book challenges the classical territoriality model of jurisdiction in international law, which is ineffective in the Spratly Islands context where complex and contentious situations call for different solutions. Based on the substance-procedure duality of international law, Ma draws on extensive sources of international law including cases, treaties, practice and doctrine, and formulates novel, concrete proposals to indicate the way forward for the Spratly Islands.
Del 52 - Queen Mary Studies in International Law
Liability and Compensation for Offshore Oil Pollution Damage in the Arctic
Comparing Norwegian and Russian Law
Inbunden, Engelska, 2024
2 789 kr
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This book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.
Del 48 - Queen Mary Studies in International Law
Disputed Białowieża Forest
Legal Remedies for the Protection of Cross-border Properties
Inbunden, Engelska, 2022
2 545 kr
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The Polish dispute on an adequate approach towards the Białowieża Forest has been significantly internationalised, primarily by UNESCO and the European Union. The judgment of the CJEU has not settled the substance of the dispute, although it points to a violation of EU legal standards. The authors of The Disputed Białowieża Forest: Legal Remedies for the Protection of Cross-border Properties address the dispute in a constructive and interdisciplinary manner, rather than merely expressing concern towards in situ conservation, and derive universal legal remedies from it. They conclude that in the case of unique invaluable goods, adequate individual solutions should be applied in the form of a localised agreement, open to many entities (interested states, international organisations and even socially responsible private corporations), on the condition that organisational and financial co-responsibility are accepted.
Del 57 - Queen Mary Studies in International Law
Legacy of the Wimbledon Case
Centenary of the First Judgment of the Permanent Court of International Justice
Inbunden, Engelska, 2025
1 872 kr
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The book addresses the impact of the first judgment of the 'World Court' on the development of international law and its continuing relevance. The contributions to this book discuss the legal issues decided by the PCIJ in the Wimbledon case. In the Wimbledon judgment, the Court referred to the problems that are still important both for procedural and substantive international law, and which attract the attention of states, courts and the academia today. These include: state sovereignty, sources of international law, interpretation of legal rights and obligations following from treaties and custom, ‘objective regimes’, ‘self-contained regimes’, neutrality in armed conflicts, the status of international waterways, as well as the issues of jurisdiction such as third-party participation in international adjudication, or locus standi for the protection of community interests.
Del 56 - Queen Mary Studies in International Law
Fisheries Regulation in the Central Arctic Ocean
Background, Motivations and Aspirations of the 2018 CAOF Agreement
Inbunden, Engelska, 2025
2 702 kr
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The 2018 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement) is a unique international treaty. It sets up conditions for potential future (commercial) fisheries in the central Arctic Ocean, furthered by climate change, until ecosystem dynamics are well understood. As a product of balancing interests of various stakeholders after a multi-year drafting process, the agreement protects both fish stocks and the environment. Based on international maritime law, scientific research and principles of international environmental law, such as the precautionary approach, it sets a precedent for future fisheries agreements.
Del 59 - Queen Mary Studies in International Law
ICJ and Multi-forum Litigation Strategy
Inbunden, Engelska, 2025
2 797 kr
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"In a world where inter-State multi-forum litigation multiplies, so does the risk of courts becoming diplomatic platforms to air State grievances." Nowadays, the ICJ is called to confront this risk when dealing with the main political issues of the day. The book draws inferences from legal and political sciences to assess ICJ authority when crises make their way to it as part of a multi-forum litigation strategy. It identifies the essential characteristics of this strategy and delineates ICJ instrumentalization against this background. Three running examples expose the many roles implanted in the ICJ when it is so instrumentalized. And they determine the legal and policy ramifications ensuing from a State’s attempt to engage in such a judicial-'diplomatic' campaign.
Del 53 - Queen Mary Studies in International Law
Statehood, Territory, and International Spaces
Inbunden, Engelska, 2024
2 694 kr
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Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.
Del 54 - Queen Mary Studies in International Law
Sovereign Wealth Funds and State Immunity
Inbunden, Engelska, 2024
2 116 kr
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How does the hybrid nature of SWFs affect the application of state immunity to these funds? May an SWF be sued in foreign courts for wrongful acts committed in the course of its investment activities? Can SWF investments be attached by a private creditor seeking to enforce an investment arbitration award against the fund’s state of nationality? This monograph addresses these questions from the perspective of the 2004 New York Convention and six selected jurisdictions (US, UK, France, Germany, Italy, China), with the broader aim of highlighting potential new standards for implementation of the state immunity rule to SWFs.