The law applicable in international arbitration: application of public international law

2011 ◽  
pp. 173-181
Author(s):  
Stephen M. Schwebel
Keyword(s):  
International Law ◽  
International Arbitration ◽  
Public International Law ◽  
The Law

scholarly journals THE APPEARANCE OF THE PENAL INTERNATIONAL LAW AS A BRANCH OF THE PUBLIC INTERNATIONAL LAW

2014 ◽  
Vol 8 (1) ◽  
pp. 122-126
Author(s):  
Daniel Ştefan Paraschiv ◽  
Elena Paraschiv
Keyword(s):  
International Relations ◽  
International Law ◽  
Human Values ◽  
Public International Law ◽  
The Public ◽  
Peace And Security ◽  
The Law

From the oldest times, there appeared certain norms of penal international law meantto prevent the committing of serious offenses, as well as for sanctioning them. This distinctbranch of the public international law is called upon to protect - by sanctioning personsguilty of committing serious offenses - peace and security of the whole humanity, thedevelopment in conformity with the norms of the law and moral of the international relations,the existence and perenniality of fundamental human values.

Some Contributions from and Influence of the Italian Doctrine of International Law

2020 ◽  
pp. 433-467
Author(s):  
Giovanni Distefano ◽  
Robert Kolb
Keyword(s):  
International Law ◽  
State Responsibility ◽  
Test Case ◽  
Public International Law ◽  
Legal Scholarship ◽  
Italian School ◽  
German School ◽  
Legal Thinking ◽  
The Law ◽  
The Many

This chapter deals with the contribution of Italian scholarship to public international law. Its approach is two-fold. First, adopting an “external” perspective, the contribution of Italian scholars to the highly esteemed series of Hague Courses of the famous eponymous Academy may shed some light on what the Italian conception brought to international legal scholarship but also on how Italian scholars were perceived by their foreign brethren, and in what context they were quoted. Second, selecting a specific issue, the chapter focuses on the influence of Italian legal thinking on the shaping of doctrines of State responsibility. Among all the many areas of international law, this is one where the Italian school is constantly viewed as pioneering (together with the German school). For example, the writings of Anzilotti or Cavaglieri are often quoted as astonishingly modern exposés of that branch of the law, providing thus a test-case to verify the contribution and influence of the Italian doctrine of international law.

18. The law of the sea

2019 ◽  
pp. 468-493
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
Basic Concept ◽  
Law Of The Sea ◽  
Economic Resource ◽  
Public International Law ◽  
The World ◽  
The Law ◽  
Bodies Of Water ◽  
High Seas

This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is not also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.

Book III Privileges and Immunities, 13 Privileges and Immunities of Diplomatic Missions

2016 ◽  
Author(s):  
Foakes Joanne ◽  
Denza Eileen
Keyword(s):  
International Law ◽  
Public International Law ◽  
Freedom Of Movement ◽  
Law Of Nations ◽  
The Law ◽  
Special Protection

This chapter provides an overview of diplomatic privileges and immunities. Two fundamental rules of diplomatic law—that the person of the ambassador is inviolable and that a special protection must be given to the messages which are sent to and received from the ambassador’s sovereign—have been recognized from time immemorial among civilized States. The law of nations—now known as public international law—required States which accepted foreign diplomats to guarantee rights necessary to enable them to exercise their functions, including independence from local jurisdiction. It was important that ambassadors should not be afraid of traps or distracted by legal trickery. As such, the chapter discusses several areas where these privileges and immunities occur: the premises of the mission, the diplomatic asylum, the exemption of mission premises from taxation, the inviolability of mission archives, freedom of communications, the diplomatic bag, and freedom of movement.

Der eigentumsrechtliche Wertschutz von Anteilsrechten

2021 ◽  
Author(s):  
Jörn Griebel
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
International Investment ◽  
European Convention ◽  
Public International Law ◽  
International Investment Law ◽  
Investment Law ◽  
The Law ◽  
German Constitutional Law

Property protection is provided by national law as well as international law. The study seeks for an explanation regarding the divergent approaches to the protection of shareholders in cases of reflective loss provided for in German constitutional law and various fields of public international law. This is done by way of a comparison of the German approach with those found in the law of aliens, in the European Convention on Human Rights and under international investment law. This results in the finding that approaches of international law partly fail to establish the necessary bonds to recognized concepts of national law.

The Canon of Love against the Use of Force in Islamic and Public International Law. Part I: The Chamber of Love within Legal Discipline

2015 ◽  
Vol 15 (4) ◽  
pp. 591-628 ◽  
Author(s):  
Farhad Malekian
Keyword(s):  
European Union ◽  
International Law ◽  
Use Of Force ◽  
Human Beings ◽  
Public International Law ◽  
Legal Norms ◽  
Philosophical Interpretation ◽  
Philosophy Of Love ◽  
The Law ◽  
Human Integrity

To attempt to speak coherently about the philosophy of love in conjunction with the law is an eccentric undertaking for an international lawyer. This work asserts the view that “love” plays a significant jurisprudential role in both the writing and philosophical interpretation of the law. It is a powerful norm. If the law is written and interpreted with love for human beings, the position of the use of force will be modified and concede its place to the approbation of equal justice and peace based on the primary value of human integrity. The work will be a comparative discussion, as the adherence of European states to both public international law and European Union norms suggests that neither need there be an inevitable divergence between adherence to both these and to Islamic legal norms. It brings into recognition the principle that the use of armed force for any purpose is a serious violation of the jurisprudence of law and runs contrary to the inherent integrity of humankind and the canon of love for justice.

scholarly journals Perceptions and attitudes with regard to public international law: empirical evidence from law students in the city of São Paulo

2017 ◽  
Vol 4 (3) ◽  
Author(s):  
Marcel Kamiyama
Keyword(s):  
International Law ◽  
School Curriculum ◽  
Sao Paulo ◽  
Law School ◽  
Law Students ◽  
São Paulo ◽  
Public International Law ◽  
Perceptions And Attitudes ◽  
The Law ◽  
The City

This article empirically examines, by means of a survey conducted at four universities in São Paulo, two issues related to the teaching of international law in Brazil: (1) what law students think of the discipline as a material branch of the law (its effectiveness, legitimacy etc.) and (2) what they think of the discipline as a component of the law school curriculum. The first part draws upon the semiological concept of “myth” in order to paint a picture of students’ views about the place of international law in the world, as well as upon quantitative data to assess their understandings about compliance with international norms. The second part, which also relies on quantitative and qualitative data, describes students’ ideas about how international law should be taught (if at all). The responses paint a picture of mild student scepticism and dissatisfaction with teaching methods that invite a number of questions for reflection, which are raised in the final part. 

scholarly journals La época de los derechos; The Rights Era; A era dos direitos

IUSTA ◽  
2012 ◽  
Vol 2 (37) ◽  
Author(s):  
JORGE ENRIQUE CARVAJAL MARTINEZ
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Social Groups ◽  
Law And Society ◽  
State Development ◽  
Public International Law ◽  
Constitutional State ◽  
Palabras Clave ◽  
The Law

<p>Desde la década de 1990, el derecho ha ganado protagonismo frente a las demandas sociales. Hoy en díadiversos grupos sociales buscan lograr el cumplimiento de sus reivindicaciones por medio del derecho.Una parte de las razones de esta relación entre derecho y sociedad la encontramos en el posicionamientodel derecho internacional público y en el desarrollo del Estado constitucional en el contexto de la globalización.El presente texto explica las razones por las cuales el derecho logra protagonismos en la sociedad,partiendo del análisis de textos relacionados con el tema de reflexión.</p><p>Palabras clave: derecho y sociedad, derecho constitucional, derecho global.</p><p>AbstractSince the 1990s, the law has gained prominence against social demands. Today social groups seek toachieve compliance with their demands through law. Part of the reason for this relationship between lawand society is found in the position of public international law and constitutional state development inthe context of globalization. This paper explains the reasons why the law does notoriety in society, basedon the analysis of texts related to the theme of reflection.</p><p>Keywords: law and society, constitutional law, global.</p><p>Resumo:Desde os anos 1990, o direito ganhou destaque contra a demandas sociais. Hoje os grupos sociais buscamalcançar a conformidade com as suas demandas por meio de lei. Parte da razão para essa relação entredireito e sociedade se encontra na posição de direito internacional público e desenvolvimento do Estadoconstitucional no contexto da globalização. Este artigo explica as razões por que a lei faz notoriedade nasociedade, com base na análise de textos relacionados ao tema de reflexão.</p><p>Palavras-chave: direito e da sociedade, direito constitucional, global</p>

Part III Public International Law Disputes, Climate Disputes, and Sustainable Development in the Energy Sector, 17 Climate Disputes and Sustainable Development in the Energy Sector: Bridging the Enforceability Gap

2018 ◽  
Author(s):  
Magnusson Annette
Keyword(s):  
Sustainable Development ◽  
Solar Energy ◽  
International Law ◽  
Energy Sector ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Public International Law ◽  
Energy Needs ◽  
Energy Plant ◽  
New Instruments

This chapter provides an overview of energy-related sustainability objectives. It also provides a list of instruments aimed at their enforcement. Today, not many avenues are available to use international arbitration to enforce sustainability objectives. The chapter analyzes whether and how international arbitration can offer support for desirable developments towards meeting sustainable energy needs for the future by encouraging new instruments and other innovations. It also acknowledges the importance of what might be called ‘indirect’ enforcement of sustainability objectives, via legal instruments other than those defining the sustainability objectives as such (eg commercial arbitration enforcing the construction of a solar energy plant).

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