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The defences available to a state under the law of state responsibility can be considered either as justifications which render acts lawful or excuses excluding the responsibility of the state for wrongful conduct. This book is the first to comprehensively examine the distinction, informed by state practice and theoretical considerations.
This book explores how global institutions have increasingly deprived individuals of the means to protect their interests, and the role of the courts in mitigating the effects of globalization. It will appeal to scholars of international law and international politics, as well as public lawyers, political scientists, and those interested...
By Nick Gallus
This book examines whether the time of an action, along with other types of jurisdiction such as subject and territory, determines whether a tribunal may rule on it. It does this by clarifying the different limits on the temporal jurisdiction of international tribunals and the important distinctions between those limits.
This book provides the reader with immediate access to understanding the world of international arbitration by explaining how and why arbitration works. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines.
Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice provides a deep, systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual...
By Joongi Kim
This book provides a comprehensive introduction to more than 140 arbitral cases and commentaries in Korea and introduces the arbitration community to the jurisprudence and scholarship of this jurisdiction. The book encompasses all the major current and historical arbitration cases in Korea alongside practical and scholarly commentary.
General Principles of Law and International Due Process: Principles and Norms Applicable in Transnational Disputes
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles,...
This book charts and assesses the extent to which the major arbitration houses, including the International Chamber of Commerce and the International Centre for the Settlement of Investment Disputes, are evolving governance functions that would normally be associated with state courts.
This book covers the origins and development of the International Centre for Settlement of Investment Disputes ICSID and its Convention, from 1955 to 2015. It includes accounts of the formulation of the Convention, the elaboration of ICSID's Regulations and Rules and analysis of the cases submitted since the entry into...