The Unruly Notion Of Abuse Of Rights

Author : Jan Paulsson
Publisher : Cambridge University Press
ISBN 13 : 1108888445
Total Pages : 159 pages
Book Rating : 4.48/5 ( download)

DOWNLOAD NOW!

Download or read book The Unruly Notion of Abuse of Rights written by Jan Paulsson and published by Cambridge University Press. This book was released on 2020-08-06 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone condemns what they perceive as 'abuse of rights', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.

Author : Annelien De Dijn
Publisher : Harvard University Press
ISBN 13 : 0674245598
Total Pages : 433 pages
Book Rating : 4.94/5 ( download)

DOWNLOAD NOW!

Download or read book Freedom written by Annelien De Dijn and published by Harvard University Press. This book was released on 2020-08-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the PROSE Award An NRC Handelsblad Best Book of the Year “Ambitious and impressive...At a time when the very survival of both freedom and democracy seems uncertain, books like this are more important than ever.” —The Nation “Helps explain how partisans on both the right and the left can claim to be protectors of liberty, yet hold radically different understandings of its meaning...This deeply informed history of an idea has the potential to combat political polarization.” —Publishers Weekly “Ambitious and bold, this book will have an enormous impact on how we think about the place of freedom in the Western tradition.” —Samuel Moyn, author of Not Enough “Brings remarkable clarity to a big and messy subject...New insights and hard-hitting conclusions about the resistance to democracy make this essential reading for anyone interested in the roots of our current dilemmas.” —Lynn Hunt, author of History: Why It Matters For centuries people in the West identified freedom with the ability to exercise control over the way in which they were governed. The equation of liberty with restraints on state power—what most people today associate with freedom—was a deliberate and dramatic rupture with long-established ways of thinking. So what triggered this fateful reversal? In a masterful and surprising reappraisal of more than two thousand years of Western thinking about freedom, Annelien de Dijn argues that this was not the natural outcome of such secular trends as the growth of religious tolerance or the creation of market societies. Rather, it was propelled by an antidemocratic backlash following the French and American Revolutions. The notion that freedom is best preserved by shrinking the sphere of government was not invented by the revolutionaries who created our modern democracies—it was first conceived by their critics and opponents. De Dijn shows that far from following in the path of early American patriots, today’s critics of “big government” owe more to the counterrevolutionaries who tried to undo their work.

Author : Victoria E. Bynum
Publisher : UNC Press Books
ISBN 13 : 1469616998
Total Pages : 250 pages
Book Rating : 4.95/5 ( download)

DOWNLOAD NOW!

Download or read book Unruly Women written by Victoria E. Bynum and published by UNC Press Books. This book was released on 2016-08-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this richly detailed and imaginatively researched study, Victoria Bynum investigates "unruly" women in central North Carolina before and during the Civil War. Analyzing the complex and interrelated impact of gender, race, class, and region on the lives of black and white women, she shows how their diverse experiences and behavior reflected and influenced the changing social order and political economy of the state and region. Her work expands our knowledge of black and white women by studying them outside the plantation setting. Bynum searched local and state court records, public documents, and manuscript collections to locate and document the lives of these otherwise ordinary, obscure women. Some appeared in court as abused, sometimes abusive, wives, as victims and sometimes perpetrators of violent assaults, or as participants in ilicit, interracial relationships. During the Civil War, women freqently were cited for theft, trespassing, or rioting, usually in an effort to gain goods made scarce by war. Some women were charged with harboring evaders or deserters of the Confederacy, an act that reflected their conviction that the Confederacy was destroying them. These politically powerless unruly women threatened to disrupt the underlying social structure of the Old South, which depended on the services and cooperation of all women. Bynum examines the effects of women's social and sexual behavior on the dominant society and shows the ways in which power flowed between private and public spheres. Whether wives or unmarried, enslaved or free, women were active agents of the society's ordering and dissolution.

Author : Agnes Viktoria Rydberg
Publisher : BRILL
ISBN 13 : 9004681310
Total Pages : 256 pages
Book Rating : 4.16/5 ( download)

DOWNLOAD NOW!

Download or read book The Duty to Safeguard the Object and Purpose of Pending Treaties written by Agnes Viktoria Rydberg and published by BRILL. This book was released on 2023-09-25 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 18 of the Vienna Convention on the Law of Treaties (VCLT) plays an indispensable role in promoting stable relations amongst States by obliging them to refrain from acts which would defeat the object and purpose of pending treaties. However, for more than 50 years since its adoption, Article 18 has lingered in a state of legal uncertainty. This book offers a complete guide to the precise scope and content of Article 18 VCLT by analysing its particular elements. Of relevance to scholars, practitioners, and postgraduate students of international law, it applies Article 18 VCLT to contemporary events in international law. It showcases the vitality and direct relevance of the provision in today’s international legal order, while offering concrete arguments for its effective application.

Author : Christian J. Tams
Publisher : Edward Elgar Publishing
ISBN 13 : 1800884060
Total Pages : 417 pages
Book Rating : 4.69/5 ( download)

DOWNLOAD NOW!

Download or read book International Investment Law and General International Law written by Christian J. Tams and published by Edward Elgar Publishing. This book was released on 2023-01-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law.

Author : Marco Roscini
Publisher : Oxford University Press
ISBN 13 : 0191090573
Total Pages : 590 pages
Book Rating : 4.78/5 ( download)

DOWNLOAD NOW!

Download or read book International Law and the Principle of Non-Intervention written by Marco Roscini and published by Oxford University Press. This book was released on 2024-06-06 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.

Author : Professor of International Law Marco Roscini
Publisher : Oxford University Press
ISBN 13 : 0198786891
Total Pages : 497 pages
Book Rating : 4.94/5 ( download)

DOWNLOAD NOW!

Download or read book International Law and the Principle of Non-Intervention written by Professor of International Law Marco Roscini and published by Oxford University Press. This book was released on 2024-09-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic analysis of the principle of non-intervention from a historical, theoretical, and systematic perspective. Roscini argues that the principle is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, self-determination, and human rights protection.

Author : Elliott E. Geisinger
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542772
Total Pages : 288 pages
Book Rating : 4.75/5 ( download)

DOWNLOAD NOW!

Download or read book Good Faith in International Arbitration written by Elliott E. Geisinger and published by Kluwer Law International B.V.. This book was released on 2024-01-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration. All the following aspects of the matter are covered: detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law; good faith implications in treaty interpretation; using good faith as a negative defence against claims or as a positive basis for claims; good faith in the specific field of international investment arbitration; procedural aspects of the parties’ obligation to act in good faith during pre-arbitral negotiations, conciliation, and mediation, as well as during the arbitral proceedings; the duty of arbitrators and arbitral institutions to act in good faith; and the role of good faith in actions to set aside. As an authoritative survey and analysis of how the concept of good faith has been applied in international arbitration – and defined in the case law relevant to it – this matchless book provides invaluable guidance to parties involved in international arbitral proceedings.

Author :
Publisher : Oxford University Press
ISBN 13 : 0192666916
Total Pages : 737 pages
Book Rating : 4.18/5 ( download)

DOWNLOAD NOW!

Download or read book General International Law in International Investment Law written by and published by Oxford University Press. This book was released on 2024-02-22 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.

Author : Jorge E. Viñuales
Publisher : Cambridge University Press
ISBN 13 : 1108244963
Total Pages : 579 pages
Book Rating : 4.61/5 ( download)

DOWNLOAD NOW!

Download or read book The International Law of Energy written by Jorge E. Viñuales and published by Cambridge University Press. This book was released on 2022-09-15 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world's energy structure underpins the global environmental crisis and changing it will require regulatory change at a massive level. Energy is highly regulated in international law, but the field has never been comprehensively mapped. The legal sources on which the governance of energy is based are plentiful but they are scattered across a vast legal expanse. This book is the first single-authored study of the international law of energy as a whole. Written by a world-leading expert, it provides a comprehensive account of the international law of energy and analyses the implications of the ongoing energy transformation for international law. The study combines conceptual and doctrinal analysis of all the main rules, processes and institutions to consider the past, present and likely future of global energy governance. Providing a solid foundation for teaching, research and practice, this book addresses both the theory and real-world policy dimension of the international law of energy.