The character of the Rome I Convention and its transformation to a Regulation. The scope of the convention and of the Rome I Regulation. Basic principles. Particular contracts. Consumer Contracts. Employment Contracts. Mandatory Rules. Ordre Public. The effect of the applicable law. Final provisions. The Scope of the "Rome II" Regulation. The meaning of "non-contractual obligations". Identification of the County Where the Damage Occurs. Liability for Unfair Competition and Acts Restricting Free Competition. Product Liability. Liability for Environmental Damage. Liability for Infringement of Intellectual Property Rights. Liability for Industrial Action. Liability for Unjust Enrichment. Negotiorum Gestio. Culpa in Contrahendo. Overriding Mandatory Provisions. Rules of Safety and Conduct. Direct action against the Insurer of the Person Liable. Scope of the Applicable Law. Multiple Liability. Exclusion of Renvoi. Formal Validity. States with more than One Legal System. Burden of Proof. Public Policy of the Forum. Habitual Residence. Relationship with Other Provisions of Community Law. Relationship with Existing International Conventions.
The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law.a position that many believe is both ethically necessary and in the nation's best interests.With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism - an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions - such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials - on which the legalistic view is founded. Drawing on such examples as NATO's invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions - and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea - and a reminder that international relations in a brutal world allow no room for illusions.
The freedom of the seas -- meaning both the oceans of the world and coastal waters -- has been among the most contentious issues in international law for the past four hundred years. The most influential argument in favour of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 'Mare Liberum'. "The Free Sea" was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, "De Jure Praedae" ('On the Law of Prize and Booty'), which Grotius had written to defend the Dutch East India Company's capture in 1603 of a rich Portuguese merchant ship in the Straits of Singapore. This new edition publishes the only translation of Grotius's masterpiece undertaken in his own lifetime -- a work left in manuscript by the English historian and promoter of overseas exploration Richard Hakluyt (1552-1616). This volume also contains William Welwod's critque of Grotius (reprinted for the first time since the seventeenth century) and Grotius's reply to Welwod.Taken together, these documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law.
With contributions by a variety of internationally distinguished scholars on international law, world trade, business law and development, this unique examination of the roles of China and India in the new world economy adopts the perspectives of international economic law and comparative law. The two countries are compared with respect to issues concerning trade and development, the World Trade Organization, international dispute settlement, regional/free trade agreements, outsourcing, international investment, foreign investment, corporate governance, competition law and policy, and law and development in general. The findings demonstrate that, though their domestic approaches to economic issues diverge, China and India adopt similar stances at the international level on many major issues, recapturing images which existed during the immediate post-colonial era. Cooperation between China and India could provide leadership in the struggle for economic development in developing countries.
This book examines the coherent international tax regime that is embodied in both the tax treaty network and in domestic laws, and the way it forms a significant part of international law, both treaty based and customary. The practical implication is that countries are not free to adopt any international tax rules they please, but rather operate in the context of the regime, which changes in the same ways international law changes over time. Thus, unilateral action is possible, but is also restricted, and countries are generally reluctant to take unilateral actions that violate the basic norms that underlie the regime. The book explains the structure of the international tax regime and analyzes in detail how U.S. tax law embodies the underlying norms of the regime.
Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.
One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
With the 2003 invasion and subsequent occupation of Iraq, the most controversial question in world politics fast became whether the United States stands within the order of international law or outside it. Does America still play by the rules it helped create? American Exceptionalism and Human Rights addresses this question as it applies to U.S. behavior in relation to international human rights. With essays by eleven leading experts in such fields as international relations and international law, it seeks to show and explain how America's approach to human rights differs from that of most other Western nations. In his introduction, Michael Ignatieff identifies three main types of exceptionalism: exemptionalism (supporting treaties as long as Americans are exempt from them); double standards (criticizing "e;others for not heeding the findings of international human rights bodies, but ignoring what these bodies say of the United States); and legal isolationism (the tendency of American judges to ignore other jurisdictions). The contributors use Ignatieff's essay as a jumping-off point to discuss specific types of exceptionalism--America's approach to capital punishment and to free speech, for example--or to explore the social, cultural, and institutional roots of exceptionalism.These essays--most of which appear in print here for the first time, and all of which have been revised or updated since being presented in a year-long lecture series on American exceptionalism at Harvard University's John F. Kennedy School of Government--are by Stanley Hoffmann, Paul Kahn, Harold Koh, Frank Michelman, Andrew Moravcsik, John Ruggie, Frederick Schauer, Anne-Marie Slaughter, Carol Steiker, and Cass Sunstein.
As the Doha Development Round trade negotiations have stalled, bilateral and regional free trade agreements have become an important alternative. These agreements have proliferated in recent years, and now all of the major trading countries are engaging in serious bilateral and regional trade negotiations with multiple trading partners. This book provides a comprehensive study of recent bilateral and regional trade agreements. There are two main aspects. First, it situates bilateral and regional trade agreements in the context of economics, international law and international relations. Second, it surveys the most important recent agreements in relation to each substantive topic covered (e.g. intellectual property, investment, services and social policy) and provides an overview of the law being created in these areas.
This detailed account of the politics of opening agricultural markets explains how the institutional context of international negotiations alters the balance of interests at the domestic level to favor trade liberalization despite opposition from powerful farm groups. Historically, agriculture stands out as a sector in which countries stubbornly defend domestic programs, and agricultural issues have been the most frequent source of trade disputes in the postwar trading system. While much protection remains, agricultural trade negotiations have resulted in substantial concessions as well as negotiation collapses. Food Fights over Free Trade shows that the liberalization that has occurred has been due to the role of international institutions.Christina Davis examines the past thirty years of U.S. agricultural trade negotiations with Japan and Europe based on statistical analysis of an original dataset, case studies, and in-depth interviews with over one hundred negotiators and politicians. She shows how the use of issue linkage and international law in the negotiation structure transforms narrow interest group politics into a more broad-based decision process that considers the larger stakes of the negotiation. Even when U.S. threats and the spiraling budget costs of agricultural protection have failed to bring policy change, the agenda, rules, and procedures of trade negotiations have often provided the necessary leverage to open Japanese and European markets.This book represents a major contribution to understanding the negotiation process, agricultural politics, and the impact of international institutions on domestic politics.
This wide-ranging and original study provides an insight into the climate of political thought during the lifespan of what was, at this time, the most powerful empire in history. A distinguished group of contributors explores the way in which thinkers in Britain theorised influential views about empire and international relations, exploring topics such as the evolution of international law; the ways in which the world was notionally divided into the 'civilised' and the 'barbarian'; the role of India in shaping visions of civil society; grandiose ideas about a global imperial state; the development of an array of radical critiques of empire; the varieties of liberal imperialism; and the rise and fall of free trade. Together, the chapters form an analysis of political thought in this context; both of the famous (Bentham, Mill, Marx, and Hobson) and of those who, whilst influential at the time, are all but forgotten today.
How International Law Works presents a theory of international law, how it operates, and why it works. Though appeals to international law have grown ever more central to international disputes and international relations, there is no well-developed, comprehensive theory of how international law shapes policy outcomes. Filling a conspicuous gap in the literature on international law, Andrew T. Guzman builds a coherent theory from the ground up and applies it to the foundations of the international legal system. Using tools from across the social sciences Guzman deploys a rational choice methodology to explain how a legal system can succeed in the absence of coercive enforcement. He demonstrates how even rational and selfish states are motivated by concerns about reciprocal non-compliance, retaliation, and reputation to comply with their international legal commitments.Contradicting the conventional view of the subject among international legal scholars, Guzman argues that the primary sources of international commitment--formal treaties, customary international law, soft law, and even international norms--must be understood as various points on a spectrum of commitment rather than wholly distinct legal structures. Taking a rigorous and theoretically sound look at international law, How International Law Works provides an in-depth, thoroughgoing guide to the complexities of international law, offers guidance to those managing relations among nations, and helps us to understand when we can look to international law to resolve problems, and when we must accept that we live in an anarchic world in which some issues can be resolved only through politics.
This volume develops a set of provocative themes: globalization is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments.
This Handbook offers a comprehensive examination of the Responsibility to Protect norm in world politics, which aims to end mass atrocities against civilians. The Responsibility to Protect (R2P) is amongst the most significant norms in global politics. Its aim - to end mass atrocities - could scarcely be more ambitious. Developed by the International Commission on Intervention and State Sovereignty (ICISS) in 2001 it was rapidly, and unanimously, adopted by the United Nations in 2005 in the Outcome Document of the World Summit -- a High Level Plenary meeting of the 60th session of the UN General Assembly. That achievement dampened neither the opposition of its detractors, nor the enthusiasm and expectation of its supporters. With each atrocity, actual or potential, come appeals to the most significant policy development addressing intervention. This handbook will be the authoritative guide to the Responsibility to Protect. It gathers the most respected and insightful voices to address key issues related to this emerging norm.The chapters offer a comprehensive and coherent account of the development of the Responsibility to Protect, the issues that will likely determine the extent to which its achievements match its promise, and opinions about - and possible applications of - this norm in various regions around the world. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, genocide, human rights, international law, international organisations, security studies and IR.
The Political Economy of Noncompliance explains why states fail to comply with international law. Over the last sixty years, states have signed treaties, established international courts and other supranational institutions to achieve the benefits of international cooperation. Nowhere has this been more successful than in the European Union. European integration has produced one of the most intensely legalized regimes in the world. Yet, even in the European Union, noncompliance of states often occurs. This book explores the sources of and reasons for noncompliance, and assesses why noncompliance varies across the Member States and over time by looking at the domestic politics of complying with international law. The author uses examples from the history of economic integration in the EU in three countries and two different policy areas to demonstrate these mechanisms at work. The Political Economy of Noncompliance will be of interest to students and scholars of European Politics, international relations and political economy.
The most widely-used textbook in the field; ideal for students of international politics, for whom the topics covered on a legal syllabus have been carefully adapted.
Takes a multi-disciplinary approach to future directions for human rights. This book examines how international law might be utilized to protect groups rather than just individual members of the group and it also calls into question the liberal positivist approach to international law that provides the framework for human rights norms.
This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.
Andre Nollkaemper is Professor of Public International Law at the Faculty of Law of the University of Amsterdam. Julia Hoffmann is Assistant Professor Media, Conflict and Peace at the University for Peace in Costa Rica.
This book discusses the problems of international law arising in armed conflicts, illustrated by references to recent conflicts. It deals with the rules on targetting, and precautions in attack and defence, as well as including chapters on the rules of conduct against both enemy forces and in internal conflicts.
This work provides a vision for the development of international law and institutions and ends with a challenge to both scholars and practitioners to take up the issue of fairness in the law actively.
First published in 1933, this is one of the seminal works on international law, written by a legendary scholar in the field. It continues to influence international lawyers today. This republication, featuring a new introduction by Professor Martti Koskenniemi, once again makes this book available to scholars and students in this area.
This text offers an original and scholarly introduction to a number of key topics which lie at the heart of modern international law. Based upon the author's highly acclaimed Hague Academy lectures, the book introduces the student to a series of pressing problems which help reveal the complex relationship between legal norms and policy objectives which define contemporary international law.
Assessing the formation process of the International Criminal Court (ICC), this study provides an understanding of this institution. It is suitable for courses and research in humanitarian and international law, international relations theory, globalization, global governance and regime formation.
Focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. This book offers assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.
Focuses on collaborative work within the disciplines of international law and international relations, to note sample efforts to collaborate, and to assess the cultivation of an interdisciplinary outlook.
The governance of conflict-areas by the United Nations is a young phenomenon, which made its first appearance during the peace operations in Kosovo and East Timor. The author analyzes this phenomenon from a political as well as a legal perspective in order to examine the problems according to international law. [THIS BOOK IS IN GERMAN]
Intends to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law.
The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law.Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier (Germany) and Staempfli Publishers Ltd. (Switzerland).
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism".
Now in its 79th year, the British Year Book of International Law has become an essential work of reference for academics and practising lawyers. Through a mixture of articles and in-depth surveys of areas of international law it continues to provide up-to-date information on important developments in modern international law.
The book provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. In particular it focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they 'believe' that using 'pre-emptive' lethal force would be the only way to thwart an expected harm. In domestic criminal law some people have argued it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force.At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks the Bush Administration, with its 'war on terror' policy, radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. Drawing from scholarship across law, history, politics and philosophy, this book explores the permissibility of employing preventive force under the law of individual and national self-defence. The book illustrates how the law of international self-defence, and in particular the requirement of imminence, has been subjected to controversy in parallel with its domestic counterpart. In both disciplines the debate over imminence is centred on similar concerns, issues and tensions despite the fact the arguments put forward are
The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a fresh explanation of the foundational principles of the law of the sea.
