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Estudios de Cambridge sobre Derecho Internacional y ComparadoSerie

Esta serie profundiza en las complejidades del derecho internacional y comparado, ofreciendo tanto profundidad teórica como perspectivas prácticas. Explora cuestiones cruciales desde diversas tradiciones jurídicas y orígenes geográficos, fomentando el pensamiento crítico y una multiplicidad de puntos de vista. El objetivo es ampliar los límites del conocimiento académico, presentando trabajos innovadores que dan forma al futuro discurso legal.

Trade and the Environment
International Courts and Environmental Protection
Reparations and Victim Support in the International Criminal Court
Exclusion from Public Space
International Refugee Law and Socio-Economic Rights
'Fair and equitable treatment' in international investment law

Orden recomendado de lectura

  • 'Fair and equitable treatment' in international investment law

    • 361 páginas
    • 13 horas de lectura
    5,0(1)Añadir reseña

    "A breach of fair and equitable treatment is alleged in almost every investor-state dispute. It has therefore become a controversial norm, which touches many questions at the heart of general international law. Roland Klager sheds light on these controversies by exploring the deeper doctrinal foundations of fair and equitable treatment and reviewing its contentious relationship with the international minimum standard. The norm is also discussed in light of the fragmentation of international law, theories of international justice and rational balancing, and the idea of constitutionalism in international law. In this vein, a shift in the way of addressing fair and equitable treatment is proposed by focusing on the process of justificatory reasoning"-- Provided by publisher

    'Fair and equitable treatment' in international investment law

  • International Refugee Law and Socio-Economic Rights

    Refuge from Deprivation

    • 444 páginas
    • 16 horas de lectura
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    The book explores the Refugee Convention's capacity to address claims rooted in socio-economic factors. It critically examines the legal framework and its implications for individuals seeking refuge based on economic hardship, rather than traditional persecution. Through analysis and case studies, it highlights the challenges and limitations faced by vulnerable populations in the context of international refugee law.

    International Refugee Law and Socio-Economic Rights

  • Exclusion from Public Space

    • 578 páginas
    • 21 horas de lectura

    The book delves into the consequences of excluding individuals from public spaces, examining how such bans affect the rule of law, fundamental rights, and the principles of democracy. It critically analyzes the balance between maintaining public order and safeguarding individual freedoms, highlighting the potential risks to democratic values when certain groups are marginalized. Through various case studies, it offers insights into the broader social and political implications of these practices.

    Exclusion from Public Space

  • Reparations and Victim Support in the International Criminal Court

    • 436 páginas
    • 16 horas de lectura

    The book delves into the International Criminal Court's framework for victim redress, examining the intricacies of its reparations system and the role of the ICC Trust Fund. It highlights how these mechanisms aim to address the needs and rights of victims, providing insights into their effectiveness and challenges. Through analysis, it sheds light on the broader implications for justice and accountability in international law.

    Reparations and Victim Support in the International Criminal Court

  • International Courts and Environmental Protection

    • 460 páginas
    • 17 horas de lectura

    This book provides an in-depth analysis of international environmental litigation, focusing on significant environmental issues facing the world today. It explores legal frameworks, case studies, and the role of courts in addressing climate change, biodiversity loss, and pollution. By examining various legal approaches and their effectiveness, the text highlights the importance of judicial mechanisms in promoting environmental justice and sustainability in the twenty-first century.

    International Courts and Environmental Protection

  • Trade and the Environment

    A Comparative Study of EC and Us Law

    • 260 páginas
    • 10 horas de lectura

    The book explores the complex relationship between trade and environmental protection policies in the European Community and the United States. It posits that international tensions can be alleviated through the free trade provisions of the EC Treaty and the US Constitution, alongside the establishment of common environmental standards. Additionally, it examines the roles of the judiciary and legislature in addressing these conflicts, offering insights into potential resolutions for balancing trade interests with environmental concerns.

    Trade and the Environment

  • Comparative Reasoning in International Courts and Tribunals

    • 292 páginas
    • 11 horas de lectura

    By adopting a comparative analysis of the practice of five international courts and tribunals, this book systematically describes and analyses the use of domestic law to interpret international law. The findings of the book, which blends doctrinal and theoretical approaches, will be of interest to practitioners and academic researchers alike.

    Comparative Reasoning in International Courts and Tribunals

  • The Participation of States in International Organisations

    • 382 páginas
    • 14 horas de lectura

    Exploring the interplay between human rights, democracy, and international relations, this book examines how these elements influence a state's capacity to engage with global organizations. It delves into the criteria used by international bodies to assess member eligibility, highlighting the impact of governance and civil liberties on diplomatic participation. Through case studies and theoretical frameworks, the text provides insights into the evolving landscape of international cooperation and the significance of democratic values in global governance.

    The Participation of States in International Organisations

  • The Right to Reparation in International Law for Victims of Armed Conflict

    • 298 páginas
    • 11 horas de lectura

    The book examines the implementation of the right to reparation in international law for armed conflict victims, utilizing various case studies. It delves into the United Nations' role in advocating for State accountability regarding reparations, highlighting the intersection of international law and transitional justice measures. Through this analysis, it sheds light on the complexities and challenges faced in providing justice and reparations to those affected by conflict.

    The Right to Reparation in International Law for Victims of Armed Conflict

  • The Doctrine of Odious Debt in International Law

    • 248 páginas
    • 9 horas de lectura

    The doctrine of odious debt asserts that loans intended to oppress or defraud a debtor state's population are not enforceable under international law. This book offers a comprehensive analysis of state practices and legal history, reaffirming the doctrine and introducing a new classification of odious debts. It redefines 'odiousness' within the context of contemporary public international law and examines how these debts should also be viewed as contrary to public policy in private law. It serves as a vital resource for legal professionals and scholars.

    The Doctrine of Odious Debt in International Law

  • State Responsibility

    • 906 páginas
    • 32 horas de lectura
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    The book explores state responsibility in relation to violations of international law, delving into the intricate relationships between institutions, established rules, and practical applications. It offers a comprehensive analysis of how these elements interact and influence accountability on a global scale.

    State Responsibility

  • Shipping Interdiction and the Law of the Sea

    • 436 páginas
    • 16 horas de lectura
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    Focusing on the strategies and effectiveness of shipping interdiction, this comparative study analyzes various approaches and their implications across different contexts. It delves into historical and contemporary case studies, examining legal frameworks, enforcement challenges, and international cooperation. By highlighting the successes and failures of different methods, the book aims to provide insights into improving maritime security and addressing global shipping threats.

    Shipping Interdiction and the Law of the Sea

  • Dispute Settlement in the Un Convention on the Law of the Sea

    • 456 páginas
    • 16 horas de lectura
    5,0(1)Añadir reseña

    The book examines the necessity of a mandatory dispute settlement mechanism for effective ocean regulation. It delves into the complexities of maritime law and the challenges faced in governing oceanic resources and environmental protection. By analyzing various legal frameworks and international agreements, the author highlights the potential benefits and drawbacks of implementing such a mechanism, ultimately questioning its role in promoting sustainable ocean management.

    Dispute Settlement in the Un Convention on the Law of the Sea

  • The Right to Property in Commonwealth Constitutions

    • 294 páginas
    • 11 horas de lectura

    Focusing on constitutional rights to property in Commonwealth countries, this book explores key issues such as the definitions of "property" and concepts of "adequate" or "fair" compensation. It highlights the role of comparative law in judicial decisions while addressing the scarcity of literature on this topic. Additionally, the work delves into the historical context of the British constitution and colonial influences. Its practical and theoretical insights make it valuable for both academic and practicing lawyers.

    The Right to Property in Commonwealth Constitutions

  • Compensation for Personal Injury in English, German and Italian Law

    A Comparative Outline

    • 276 páginas
    • 10 horas de lectura

    The book explores the legal frameworks surrounding compensation for personal injury across England, Germany, and Italy. It provides a comparative analysis of each country's laws, highlighting the differences and similarities in their approaches to personal injury claims. Through this examination, readers gain insights into the legal principles and practices that govern compensation in these three jurisdictions, making it a valuable resource for legal professionals and scholars interested in international personal injury law.

    Compensation for Personal Injury in English, German and Italian Law

  • Complicity and the law of state responsibility

    This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.

    Complicity and the law of state responsibility

  • The Law and Practice of International Territorial Administration

    • 904 páginas
    • 32 horas de lectura
    5,0(1)Añadir reseña

    Focusing on the historical context and legal complexities, the book delves into the practice of international territorial administration. Dr. Carsten Stahn examines the evolution of this concept, highlighting the challenges faced in its implementation and the implications for global governance. Through a detailed analysis, the work explores how territorial administration has shaped international relations and law, providing insights into its future trajectory.

    The Law and Practice of International Territorial Administration

  • Self-Determination in Disputed Colonial Territories

    • 295 páginas
    • 11 horas de lectura
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    Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law, focusing on historical cases as well as those that remain very much alive today.

    Self-Determination in Disputed Colonial Territories

  • Making the Law of the Sea

    A Study in the Development of International Law

    • 340 páginas
    • 12 horas de lectura
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    Focusing on the evolving landscape of maritime governance, this book explores the complexities of international law concerning the sea as shaped by various international organizations. It delves into the challenges faced in establishing effective legal frameworks and the potential for collaboration and innovation in addressing global maritime issues. Through critical analysis, it highlights both the obstacles and prospects for enhancing international maritime law, making it a significant resource for scholars and practitioners in the field.

    Making the Law of the Sea

  • Legitimacy and Legality in International Law

    An Interactional Account

    • 436 páginas
    • 16 horas de lectura
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    Exploring the significance of legal obligation, this book delves into how it shapes and sustains effective international law. It examines the interplay between legal commitments and the enforcement of international norms, highlighting the mechanisms that ensure compliance and the consequences of violations. Through a detailed analysis, the work offers insights into the complexities of global governance and the foundational principles that underpin international legal frameworks.

    Legitimacy and Legality in International Law

  • Sovereignty in China

    • 300 páginas
    • 11 horas de lectura

    Provides a comprehensive history of the emergence and formation of the concept of sovereignty in China from the year 1840 to the present. Inhaltsverzeichnis Introduction; 1. International law and the sinocentric ritual system: a nineteenth-century clash of normative orders; 2. Secularizing a sacred empire: early translations and uses of international law; 3. China's struggle for survival and the new Darwinist conception of international society (1895-1911); 4. China rejoining the world and its fictional sovereignty, 1912-1949; 5. From Proletarian revolution to peaceful coexistence: sovereignty in the PRC, 1949-1989; Conclusion.

    Sovereignty in China

  • Decolonising International Law

    • 320 páginas
    • 12 horas de lectura
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    The book delves into the intersection of development and international law, arguing that the prevailing notion of development undermines the potential for achieving global justice. Sundhya Pahuja critically examines how development policies and practices limit the scope of international law, ultimately impacting marginalized communities. Through this exploration, the author sheds light on the complexities and contradictions within the discourse of development, highlighting the need for a reevaluation of these frameworks to better align with justice goals.

    Decolonising International Law

  • International Law as a Belief System

    • 178 páginas
    • 7 horas de lectura
    4,5(2)Añadir reseña

    Exploring the intersection of international law and belief systems, this book presents a fresh viewpoint on legal argumentation within the global context. It delves into how international law shapes and is shaped by collective beliefs, challenging traditional perceptions of legal frameworks. The author examines the implications of viewing international law as a belief system, inviting readers to reconsider the foundations of legal discourse and its impact on global governance and diplomacy.

    International Law as a Belief System

  • The Participation of States in International Organisations

    The Role of Human Rights and Democracy

    • 382 páginas
    • 14 horas de lectura

    Exploring the intersection of human rights and democracy, this book examines how these elements influence a state's capacity to engage with international organizations. It delves into the criteria and implications of participation, analyzing the political and ethical dimensions that govern state behavior on the global stage. Through various case studies, it sheds light on the challenges and opportunities faced by nations striving to align with international standards.

    The Participation of States in International Organisations

  • Judiciaries Within Europe

    A Comparative Review

    • 420 páginas
    • 15 horas de lectura
    5,0(1)Añadir reseña

    Focusing on the careers and roles of judges across five European countries, this 2006 study provides a comprehensive analysis of the judicial systems in France, Germany, Spain, Sweden, and England. It explores the varying responsibilities, career paths, and influences on judges, offering insights into how different legal cultures shape the judiciary. The research highlights the similarities and differences in judicial practices, contributing to a deeper understanding of the legal frameworks in these nations.

    Judiciaries Within Europe

  • Science and Risk Regulation in International Law

    • 416 páginas
    • 15 horas de lectura

    Jacqueline Peel explores the intricate relationship between science and international risk regulation, highlighting both its beneficial applications and potential misuses. Through case studies on critical issues like biosafety and climate change, the book delves into how scientific insights can shape policy decisions, while also addressing the challenges and ethical dilemmas that arise in the regulatory landscape.

    Science and Risk Regulation in International Law

  • Legal Principles in WTO Disputes

    • 366 páginas
    • 13 horas de lectura
    5,0(1)Añadir reseña

    This guide offers insights into the World Trade Organization's interpretation of its rules and the resolution of disputes among its members. It delves into the mechanisms and processes that govern international trade relations, providing a comprehensive understanding of the organization's approach to conflict resolution. The text serves as a valuable resource for those seeking to navigate the complexities of global trade law and the implications of WTO decisions.

    Legal Principles in WTO Disputes

  • International law and the arctic

    The book explores the intricate framework of international law governing the Arctic region, addressing critical issues such as the rights of indigenous peoples, environmental safeguards, and the regulations surrounding oil and gas exploration. It highlights the unique legal challenges and considerations specific to this fragile environment, making it a vital resource for understanding the complexities of Arctic governance.

    International law and the arctic

  • State Responsibility for Breaches of Investment Contracts

    • 378 páginas
    • 14 horas de lectura

    This is a compact, yet detailed, study mapping out an underexplored subset of the law of state responsibility, dedicated to contractual protection. It will appeal to scholars, practitioners and students of international investment law, as well as public international lawyers generally.

    State Responsibility for Breaches of Investment Contracts

  • Cambridge Studies in International and Comparative Law

    A penetrating analysis of the relation between trade and environmental protection policies in the EC and the US. Geradin argues that the international tensions in these areas can be resolved by the free trade provisions of the EC Treaty and the US Constitution, and from the setting of common environmental standards.

    Cambridge Studies in International and Comparative Law

  • Humanitarian Disarmament

    • 290 páginas
    • 11 horas de lectura
    4,0(1)Añadir reseña

    Humanitarian disarmament is widely understood as a post-Cold War phenomenon, typified by the Anti-Personnel Landmines Convention; the Convention on Cluster Munitions; and the Treaty on the Prohibition of Nuclear Weapons. This book challenges that understanding, arguing that it neglects a complex history of humanitarian sensibilities in disarmament.

    Humanitarian Disarmament

  • Sovereign Defaults before International Courts and Tribunals

    • 428 páginas
    • 15 horas de lectura
    4,0(3)Añadir reseña

    Exploring the last century and a half of international dispute resolution regarding sovereign debt, this book provides valuable insights for upcoming sovereign defaults. It examines historical cases and the evolution of legal frameworks, highlighting key lessons that can inform future practices and policies in managing sovereign debt crises. Through a detailed analysis, it aims to equip policymakers and stakeholders with the knowledge necessary to navigate the complexities of sovereign debt challenges effectively.

    Sovereign Defaults before International Courts and Tribunals

  • Legal Consequences of Peremptory Norms in International Law

    • 379 páginas
    • 14 horas de lectura

    When is a norm peremptory? This question has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests that only the legal consequences of a norm distinguish it as peremptory, and sheds light on those consequences.

    Legal Consequences of Peremptory Norms in International Law

  • The Analogy between States and International Organizations

    The book will appeal to academics, practitioners and students specializing in international law and international relations. It takes a fresh perspective on how the law that applies to intergovernmental institutions has - and continues to be - developed by analogy with the law that applies to States.

    The Analogy between States and International Organizations

  • Complicity and the Law of State Responsibility

    • 522 páginas
    • 19 horas de lectura

    This systematic analysis of the international rules on complicit States in controversial cases such as the 2003 Iraq war or the detention of terrorist suspects combines analysis of international practice with a rule of law approach and demonstrates that international law provides for rules on State complicity.

    Complicity and the Law of State Responsibility

  • 'Crimes Against Peace' and International Law

    • 340 páginas
    • 12 horas de lectura

    A legal and historical analysis of the first modern attempts to prosecute national leaders for embarking upon aggressive war. Inhaltsverzeichnis 1. The emergence of the idea of aggression; 2. The quest for control; 3. The creation of a crime; 4. Innovation and orthodoxy at Nuremberg; 5. The Allies and an ad hoc charge; 6. The elimination of Japanese militarism; 7. Questions of self-defence; 8. Divisions on the bench at Tokyo; 9. The uncertain legacy of crimes against peace; Postscript.

    'Crimes Against Peace' and International Law

  • Compensation for Personal Injury in English, German and Italian Law

    • 276 páginas
    • 10 horas de lectura

    The book addresses the increasing prevalence of cross-border personal injury claims, particularly as European nationals participate in U.S. class actions. It highlights the lack of resources available to legal practitioners regarding recoverable damages in different jurisdictions. By examining the laws of England, Germany, and Italy, it provides a comprehensive overview of tort law and its implications. The introduction presents essential data within the broader context, while the concluding chapter focuses on methodological issues and offers comparative insights.

    Compensation for Personal Injury in English, German and Italian Law

  • The public international law theory of Hans Kelsen

    4,5(2)Añadir reseña

    This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

    The public international law theory of Hans Kelsen

  • International Organizations Before National Courts

    • 520 páginas
    • 19 horas de lectura
    3,0(1)Añadir reseña

    The investigation delves into the responses of national courts when faced with disputes that involve international organizations. It explores the legal frameworks, judicial interpretations, and the implications of these interactions, providing insights into the balance between national sovereignty and international obligations. Through various case studies, the book highlights the complexities and challenges that arise in such legal scenarios, offering a comprehensive analysis of the evolving relationship between domestic and international law.

    International Organizations Before National Courts

  • Coalitions of the Willing and International Law

    • 315 páginas
    • 12 horas de lectura
    4,0(1)Añadir reseña

    Appealing to international legal scholars and students concerned with the changing structures of international law, as well as to those audiences in academia, think tanks, and foreign ministries concerned with the law and politics of contemporary international legal strategies, and the role of law in global governance.

    Coalitions of the Willing and International Law