Collected Courses Of The Xiamen Academy Of International Law Volume 11 2017

In the Collected Courses of the Xiamen Academy of International Law Hans van Loon, Former Secretary-General of The Hague Conference of Private International Law, Prof. Bimal N. Patel, Director of Gujarat National Law University, India, and Prof. Ernst-Ulrich Petersmann of the European University Institute in Florence, provide insightful, perspicacious and concise analysis of recent developments in international law .

The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals.

The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals.

The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Fourth Volume of the Series contains the following articles: The Application of International Law by the International Court of Justice, Judge Abdul G. Koroma The first part of this contribution explains how Judicial settlement of disputes has long been recognized as central to the stability and functioning of the international order and the rule of law. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, plays a crucial role in the system established to this end by the Charter. The second part of the contribution discusses how the Court applies each of the sources of law contained in Article 38 of the Statute of the Court. Since the article's creation in 1920, Article 38 “has remained the principal text used by international lawyers in describing the sources, or origins of international law” . Prevention and International Law, M. Mohamed Bennouna Prevention in the context of globalization cannot take place only in the framework of State frontiers; international norms mechanisms and institutions are indispensable in order to strengthen cooperation between States to anticipate risks and prevent any prejudice to people and goods. This necessitates the adoption of appropriate obligations of prevention with the corresponding international responsibility. The development of an international law of prevention, as a process, has to be accompanied by judicial guarantees at national, regional and global levels. International Dispute Resolution, With Specific Attention to China, Christine Chinkin The lectures entitled International Dispute Resolution, with specific attention to China, first consider the concept of an international dispute and the development of the obligation on states to settle their disputes peacefully. They then examine the historical evolution and contemporary understandings of the mechanisms enumerated in United Nations Charter, Article 33 for the management and attempted resolution of such disputes which are currently available to states and other participants in the international arena: negotiation, inquiry, mediation, conciliation, mediation, arbitration and adjudication. Each of the processes is discussed in the historical, political and legal contexts of various international disputes, including the detention of the American hostages in Tehran, various aspects of the possession of nuclear weapons and the territorial dispute over Abyei. The lectures consider the respective advantages and disadvantages of these various mechanisms, the interplay between them, their effectiveness and the legal and policy issues that influence choices as to different approaches to resolution of international disputes. The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of...

Examines the role and impact of human rights norms in international courts other than human rights courts

How Democracy Survives explores how liberal democracy can better adapt to the planetary challenges of our time by evolving beyond the Westphalian paradigm of the nation state. The authors bring perspectives from Africa, Asia, Europe, Latin America, and North America, their chapters engaging with the concept of transnational democracy by tracing its development in the past, assessing its performance in the present, and considering its potential for survival in this century and beyond. Coming from a wide array of intellectual disciplines and policymaking backgrounds, the authors share a common conviction that our global institutions—both governments and international organizations—must become more resilient, transparent, and democratically accountable in order to address the cascading political, economic, and social crises of this new epoch, such as climate change, mass migration, more frequent and severe natural disasters, and resurgent authoritarianism. This book will be relevant for courses in international relations and political science, environmental politics, and the preservation of democracy and federalism around the world. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. Thanks to the support of libraries working with Knowledge Unlatched www.knowledgeunlatched.org

This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts. Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective. This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.