International Property Law

Author: John G. Sprankling

Publisher: Oxford University Press

ISBN: 0199654549

Category: Law

Page: 400

View: 2172

International law increasingly creates, harmonizes, and restricts property rights, thereby superseding national law. This book examines this emerging regime of international property law. Looking at the intersection between international law and private property, the work argues that a global right to property should be recognized.

The International Law on Foreign Investment

Author: M. Sornarajah

Publisher: Cambridge University Press

ISBN: 0521763274

Category: Law

Page: 524

View: 850

This book is a thought-provoking and authoritative text on this fast moving field of international law.

The International Law of Investment Claims

Author: Zachary Douglas

Publisher: Cambridge University Press

ISBN: 0521855675

Category: Law

Page: 616

View: 7617

This book is a codification of the principles and rules relating to the prosecution of investment claims.

Resistance and Change in the International Law on Foreign Investment

Author: M. Sornarajah

Publisher: Cambridge University Press

ISBN: 1316300552

Category: Law

Page: N.A

View: 8443

Since the 1990s, conflicts within international law on foreign investment have arisen as a result of several competing interests. The neoliberal philosophy ensured inflexible investment protection given by a network of investment treaties interpreted in an expansive manner, which led to states creating regulatory space over foreign investment. However, NGOs committed to single causes such as human rights and the environment protested against inflexible investment protection. The rise to prominence of arguments against the fragmentation of international law also affected the development of investment law as an autonomous regime. These factors have resulted in some states renouncing the system of arbitration and other states creating new treaties which undermine inflexible investment protection. The treaty-based system of investment protection has therefore become tenuous, and change has become inevitable. Emphasising the changes resulting from resistance to a system based on neoliberal foundations, this study looks at recent developments in the area.

The International Law of Belligerent Occupation

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 0521896371

Category: Law

Page: 303

View: 2801

The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.

Corruption, Asset Recovery, and the Protection of Property in Public International Law

The Human Rights of Bad Guys

Author: Radha Ivory

Publisher: Cambridge University Press

ISBN: 1316061590

Category: Political Science

Page: N.A

View: 4931

In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.

Internationales Kulturgüterprivat- und Zivilverfahrensrecht

Author: Michael Anton

Publisher: Walter de Gruyter

ISBN: 3899497279

Category: Law

Page: 1447

View: 3209

Volume 3 does particular justice to the international aspect of cultural goods protection and art restitution law. Firstly, the civil law claims system, possible means of defense against unjust art restitution claims and counterclaims of parties legally obliged to restitution are addressed. The second core issue of this work involves international cultural goods civil procedural law and the question of which formal and procedural particularities exist in regard to art restitution law suits. The examination also focuses on international cultural goods private law and the question significant to daily practice, namely: which national civil law system applies in the event of art restitution procedures?

The International law of expropriation as reflected in the work of the Iran-U.S. claims tribunals

Author: Allahyar Mouri

Publisher: Martinus Nijhoff Publishers

ISBN: 0792326547

Category: Law

Page: 567

View: 1363

This book deals with expropriation and other measures affecting property rights as set out in the awards of the Iran-U.S. Claims Tribunal, and thus examines the relation between general international law and the "lex specialis," viz., the provisions of the Algiers Declarations and the Treaty of Amity between the Governments of Iran and the United States. It studies what rights have been considered as property rights capable of being independently expropriated or affected by other measures, and what rights have not been so qualified, although they might have been considered as forming an element of valuation. Furthermore, the liability and attributability issues are discussed, as are the methods of compensation and of valuation.

The Iran-United States Claims Tribunal

The First Ten Years, 1981-1991 : an Assessment of the Tribunal's Jurisprudence and Its Contribution to International Arbitration

Author: Wayne Mapp

Publisher: Manchester University Press

ISBN: 9780719037900

Category: Law

Page: 393

View: 3444

An assessment of the Tribunal's jurisprudence and its contribution to international arbitration. The Tribunal was set up as part of the resolution of the hostage crisis to settle property claims between the two states and their nationals arising from the Iranian revolution. The normal mechanisms for such situations were politically unacceptable to both parties, so an international tribunal was established controlled by independent arbitrators. The analysis focuses on two themes: how the tribunal has applied international law to the issues before it; and the extent to which it is recognized as an international arbitral body and its awards are enforced by municipal courts. Distributed in the US by St. Martin's Press. Annotation copyright by Book News, Inc., Portland, OR

Comparative law of matrimonial property

a Symposium at the International Faculty of comparative law at Luxembourg, August, 1968] on the laws of Belgium, England, France, Germany, Italy and the Netherlands

Author: Albert Kenneth Roland Kiralfy

Publisher: Brill Archive

ISBN: 9789028601024

Category: Law

Page: 258

View: 9929


The Energy Charter Treaty:An East-West Gateway for Investment and Trade

Author: Thomas Walde

Publisher: Kluwer Law International B.V.

ISBN: 9041109137

Category: Law

Page: 736

View: 2415

The Energy Charter Treaty, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. The book has an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played the key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and the relevant specific topics of the Treaty (focusing on investment and trade, but also environment, competition and transit) by the key specialists on the subject, ranging from countries such as the US (which in the end decided not to join the Treaty) to Russia and Kazakhstan, including energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, but also key participants and observers of the Treaty negotiations. This book is intended to provide the first authoritative analysis of the background, negotiations and content of the Energy Charter Treaty and to provide support and guidance for subsequent negotiations and the difficult challenges involved in interpretation and application of the Treaty. It will be an essential tool for anybody working with the Energy Charter Treaty. The book contains in its annex the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.

Intellectual Property and Private International Law

Author: James J. Fawcett,Paul Torremans

Publisher: Oxford University Press

ISBN: 019955658X

Category: Law

Page: 986

View: 3979

The new edition of this highly regarded work has been fully updated to encompass major developments in the law. The disciplines of intellectual property and private international law are increasingly obliged to cooperate with the other. This book deals with these matters in a comprehensive way and in doing so it adopts a comparative approach.

Trade and Energy

Investment in the Gas and Electricity Sectors

Author: Lars Albath

Publisher: Cameron May

ISBN: 1905017022

Category: Electric industries

Page: 299

View: 935


Property and the Law in Energy and Natural Resources

Author: Aileen McHarg

Publisher: Oxford University Press, USA

ISBN: 0199579857

Category: Law

Page: 478

View: 8168

Joanne Limburg is a woman who thinks things she doesn't want to think, and who does things she doesn't want to do. As a small child, she would chew her hair all day and lie awake at night wondering if heaven had a ceiling; a few years later, when she should have been doing her homework, she was pacing her bedroom, agonising about the unfairness of lif as a woman, and the shortness of her legs. By the time she was an adult, obsessive thoughts and compulsive behaviours had come to dominate her life. She knew that something was wrong with her, but it would take many years before she understood what that something was. The Woman Who Thought Too Much follows Limburg's quest to understand her Obsessive-Compulsive Disorder and to manage her symptoms. She takes the reader on a journey through consulting rooms, libraries and internet sites, as she learns about rumination, scrupulosity, avoidance, thought-action fusion, fixed-action patterns, anal fixations, schemas, basal ganglia, tics and synapses. Meanwhile, she does her best to come to terms with an illness which turns out to be common and even - sometimes - treatable. This vividly honest memoir is a sometimes shocking, often humorous revelation of what it is like to live with so debilitating a condition. It is also an exploration of the inner world of a poet and an intense evocation of the persistence and courage of the human spirit in the face of mental illness.

Intellectual Property, Growth and Trade

Author: Keith Eugene Maskus

Publisher: Emerald Group Publishing

ISBN: 0444527648

Category: Business & Economics

Page: 539

View: 3179

In recent years intellectual property rights (IPR) took on major significance as an element of global trade regulation. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) at the World Trade Organization (WTO) obliges member countries to protect patents, copyrights, trademarks, and trade secrets. This mandate has great impact in developing nations, which had generally weaker IPR standards prior to TRIPS and subsequent agreements. This emerging international regime for protecting IPR raises thorny questions about how the new rules of the game might affect fundamental economic processes, including innovation, trade and economic development.The governments of many developing countries see the new regime as excessively protectionist and an impediment to their development prospects. They perceive potential problems with abusive monopoly practices, high costs for new medicines, and limited access to scientific and educational materials. Indeed, it is ironic that during a time of significant global liberalization of trade and investment barriers, the IPR system may be raising restrictions on access to the very technology flows that could substantiate the gains from greater trading opportunities.However, expansion of the global IPR regime also bears potential for economic gains. It is possible that the new system will encourage additional investments in R&D and innovation. The ongoing internationalization of commercial R&D could be accelerated. Such investments might increasingly meet the medical, agricultural, and educational needs of people in poor countries. The regime could also improve the mechanisms under which new information goods are transferred across borders, expanding the possibilities for fruitful di

The International Law of Fisheries

A Framework for Policy-Oriented Inquiries

Author: Douglas M. Johnston

Publisher: Martinus Nijhoff Publishers

ISBN: 9780898389029

Category: Law

Page: 554

View: 5012

Antarctica is the last, most inhospitable frontier on earth, yet it presents a great number of unresolved conflicts between nations, individuals, environmentalists, scientists & business groups. The International Law of Antarctica addresses the crucial question of how international law can respond to claims that will certainly shape tomorrow's Antarctica. The author adopts a policy-oriented approach & focuses on the primary issue of determining the effective norms by which the process of value shaping & sharing develops in Antarctica, & to what extent such norms satisfy the prevailing aspirations of the world community. Where discrepancies are significant policies are proposed that may better meet such aspirations, as well as methods for their implementation. Part I of this study describes the social, power, & legal processes relating to Antarctica; reviews the geographic, technological, economic, & historical context in which these processes evolve, & how their special features affect such processes; & finally postulates the basic community policies with reference to which the process of claims & decisions in Antarctica are analyzed. Part II focuses on national claims to Antarctica by reviewing claims relating to the modes to establish exclusive appropriation of the area. Part III is a detailed examination of specific claims to Antarctica resources: claims to mineral & living resources, & claims relating to space-extension resources, namely, Antarctica sea & air space. It is concluded by an appraisal of the congruence of the existing order of Antarctica with the postulated basic policies, critically reviewing proposals for a new order, & advancing long-term & more immediate alternatives.

Casenote Legal Briefs

International law

Author: Casenotes,Casenote Legal Briefs

Publisher: Aspen Publishers Online

ISBN: 0735558337

Category: Law

Page: 109

View: 6179

After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenotes Features: Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample briefwith element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary format

The Global Commons

An Introduction

Author: Susan J. Buck

Publisher: Island Press

ISBN: 9781559635516

Category: Law

Page: 225

View: 4068

Susan J. Buck considers the history of human interactions with the global commons areas--Antarctica, the high seas and deep seabed minerals, the atmosphere, and space--and provides a concise yet thorough account of the evolution of management regimes for each use.