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Yearbook of International Humanitarian law
Editors,This volume of the Yearbook of International Humanitarian Law takes a close look at the role of so-called "expert manuals" in the interpretation and development of the international law of armed conflict and connected branches of international law relating to military operations. While these manuals can and do play an undoubtedly useful role, their proliferation raises a number of questions. What degree of authority do they have and how much weight should be given to the views expressed in them? What is the methodology they employ and how effective is it in ensuring an as objective and impartial interpretation of the law as possible? What is their place in the doctrine of sources? While there is already a considerable body of literature addressing these and other relevant questions, this volume aims to contribute further to this discussion with contributions by three experts involved in one or more of these manuals in one capacity or another.
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European International law Traditions
Hilpold P.,International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definitione it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries' approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law.
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Foreign Investor Misconduct in International Investment law
Kozyakova A.,This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term 'misconduct' is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like 'abuse of process, 'violation of national law', 'corruption, "investment contrary to international norms and standards, etc. The term 'misconduct' is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept - such as that which it regards as illegal, against public policy, or otherwise inappropriate and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors' conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors conduct, and what are the legal consequences?
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Innovation and the Transformation of Consumer law
Wei Dan.,This book covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers' economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.
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Air Transport and Pandemic law
Abeyratne R.,This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IlAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book's main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.
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Balkan Yearbook of European and International law 2021
Popovic D.V.,This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IlAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book's main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.
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State-to-state Arbitration based on International Investment Agreements
Hazarika A.,This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IlAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book's main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.
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Vienna Convention on the law of Treaties
Do'rr O.,The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (1) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a com- prehensive legal analysis of all aspects of the international law of treaties. Where the law of treaties reaches into other fields of inter- national law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is addressed to academia, as well as to practitioners of international law.
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Intellectual propery and the law
Ward M.,A Guide to Intellectual property and The Law is a concise guide to the legal framework governing intellectual property. The book is comprehensive and covers all areas relating to copyright, patents etc. It will prove invaluable to all those who seek to understand more about this complex area, whether it be layperson or student. The effect of BREXIT on UK intellectual property law is discussed.
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Criminal law in Turkey
Yenisey F.,Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Turkey. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Turkey. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
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How to be well read : a guide to 500
Council The,He brilliantly captures the flavour of each work and assesses its relative merits and demerits. He shows how each novel fits into a broader context. And he offers endless snippets of intriguing information: did you know, for example, that the Nazis banned Bambi or that William Faulkner wrote As I Lay Dying on an upturned wheelbarrow; that Voltaire completed Candide in three days, or that Anna Sewell was paid £20 for Black Beauty?
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Extreme economies
Davies R.,In search of a fresh perspective on the modern economy, Extreme Economies takes the reader off the beaten path, introducing people living at the world's margins. From disaster zones and displaced societies to failed states and hidden rainforest communities, the lives of people who inhabit these little-known places tend to be ignored by economists and policy makers. Richard Davies argues that this is a mistake, and explains why the world's overlooked extremes offer a glimpse of the forces that underlie human resilience, help markets to function and cause them to fail, and will come to shape our collective future. Whether trekking with Punjabi migrants through the lawless Panamanian jungle or revealing the clever trick Syrians use to underpin trade in the world's most entrepreneurial refugee camp, Richard Davies encounters economic pioneers whose personal narratives reflect global trends, shedding light on today's biggest economic questions and providing vital lessons for our turbulent times.
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The core better life, better performance
Hintsa A.,The Core is a unique story from the top of the Formula 1 world, where Aki Hintsa, a Finnish F1 coach and a doctor, has for years guided drivers towards success, but more than anything, towards mental and physical well-being. Later, top managers and companies from all over the world have taken to Hintsa's model of holistic well-being, and now these groundbreaking methods are available to all of us. In this book, Hintsa gives practical guidelines on better performance and comprehensive well-being and tells his fascinating story from the African plains to the F1 paddocks and the highest level of business a journey, which made him realise what is important in life.
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Ceza Muhakemesinde Istinafin Bes yili
Yenisey F.,Ceza Muhakemesinde İstinaf kanun yolunun beş yıllık uygulanmasının yansı- tıldığı bu kitap konuya ilişkin iki önemli toplantıda ileri sürülen görüşler ile ayrıca sunulan makalelerden oluşmaktadır. Temel hedef ve gayesi maddi gerçeğe ulaşmak olan ceza muhakemesinde maddi olguların ilk derece mahkemesi tarafından değerlendirilmesine ilişkin bir denetim yolunun varlığı hakkaniyete uygun bir hüküm verilebilmesi için kaçınılmaz bir ihtiyaçtır. Ancak kanun yolu denetimin yanı sıra maddi gerçeğe de ulaşmak amacını güderse, bir esas mahkemesi gibi yapılanması gerektiğinden, istinafın yasal düzenlemesinde birbiriyle çelişen iki ayrı hedef ortaya çıkmaktadır. Kitapta bu konuda çeşitli öneri ve görüşleri bulacaksınız. Kitaba katkıda bulu- nan tüm uygulamacılara ve bilim insanlarına Yayın Kurulu adına teşekkürlerimi sunuyorum.
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Legal Developments During 30 Years of Lithuanian Independence
Svedas G.,This volume provides an overview of selected major areas of legal and institutional development in Lithuania since the Restoration of Independence in 1990. The respective chapters discuss changes in fields varying from the constitutional framework to criminal law and procedure. The content highlights four major aspects of the fundamental changes that have affected the entire legal system: the Post-Soviet country's complex historical heritage; socio-political and other conditions in the process of adopting new (rule of law) standards; international legal influences on the national legal order over the past 30 years; and finally, the search for entirely new national legal models. Over a period of 30 years since gaining its independence from the Soviet Union, Lithuania has undergone unique social changes. The state restarted its independent journey burdened by the complicated heritage of the Soviet legal system. Some major reforms have taken place swiftly, while others have required years of thorough analysis of societal needs and the search for optimal examples in other states. The legal system is now substantially different, with some elements being entirely new, and others adapted to present needs.
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Explore yuorself among world-class researchers
Mustafakulov Sh.,This book presents a basic understanding of principles and issues in formulating the general knowledge and scale of the total problems during a research. Developers, including quality assurance professionals will find a variety of techniques with sufficient definition of research instruments and process issues to support adaptation to the particular demands of their field. All readers can obtain a clearer view of the interplay among scientific instruction issues in writing approach to quality research outcomes. In this book students, developers, and researchers with a basic background in research project in various fields will find the material as theory, methodology, hints, tips and templates as a sample in writing articles professionally.
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Noise a flaw in human judgment
Kahneman D.,We like to think we make decisions based on good reasoning - and that our doctors, judges, politicians, economic forecasters and employers do too. In this ground-breaking book, three world-leading behavioural scientists come together to assess the last great fault in our collective decision-making: noise. We all make bad judgments more than we think. Noise shows us what we can do to make better ones.
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International Legal English
Council The,Suitable for classroom use or self-study, this course teaches language learners how to use English in a commercial law environment. The book focuses on a variety of legal topics including contracts, company formation, debtor-creditor relationships and intellectual property rights. Using authentic texts to present and practise legal language, the course develops the four key skills of reading, writing, listening and speaking. In addition, this course is ideal preparation for the International Legal English Certificate (ILEC) and contains exam practice tasks and exam tips at the back of the book. It also includes an ILEC practice test paper supplied by Cambridge ESOL.
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Eu law
Kirk E.,The print publication is protected by copyright. Prior to any prohibited reproduction, storage in a retrieval system, distribution or transmission in any form or by any means, electronic, mechanical, recording or otherwise, permission should be obtained from the publisher or, where applicable, a licence permitting restricted copying in the United Kingdom should be obtained from the Copyright Licensing Agency Ltd, Barnard's Inn, 86 Fetter Lane, London EC4A 1ΕΝ. The ePublication is protected by copyright and must not be copied, reproduced, transferred, distributed, leased, licensed or publicly performed or used in any way except as specifically permitted in writing by the publishers, as allowed under the terms and conditions under which it was purchased, or as strictly permitted by applicable copyright law. Any unauthorised distribution or use of this text may be a direct infringement of the author's and the publisher's rights and those responsible may be liable in law accordingly.
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International human rights law
De Schutter Olivier,The leading textbook on International Human Rights Law is better than ever. The content has been fully updated and now provides more detailed coverage of substantive human rights, along with new sections on the war on terror and on the progressive realization of economic and social rights, making this the most comprehensive book in the field. It has a new, more student-friendly text design and has retained the features which made the first edition so engaging and accessible, including the concise and critical style, and questions and case studies within each chapter, as well as suggestions for further reading.