scholarly journals Fostering a Scholarly Network in International Law: An Introduction to the Special Issue

2009 ◽  
Vol 46 (4) ◽  
pp. 863
Author(s):  
Craig Forcese ◽  
Joanna Harrington, Special Issue Editors
Keyword(s):  
International Law ◽  
International Development ◽  
International Criminal Law ◽  
Special Issue ◽  
International Protection ◽  
Canadian Council ◽  
Protection Of Human Rights ◽  
Investment Law ◽  
American Society ◽  
Trade And Investment

This special issue of the Alberta Law Review is devoted to the discussion of current topics within the field and discipline of international law, including matters of international trade and investment law, international development, peace and security, international criminal law, and the international protection of human rights. The publication of this issue represents the culmination of an extraordinary intellectual exchange between four societies dedicated to the development and promotion of international law, which together represent five countries and attract membership from lawyers within academia, government, and private practice. The “Four Societies” initiative stems from an initial partnership in the early 1990s between the American Society of International Law (ASIL), the Canadian Council on International Law (CCIL), and the Japanese Society of International Law (JSIL), which was later expanded upon during the current decade to include the Australian & New Zealand Society of International Law (ANZSIL). Without the support of these Four Societies, this special issue, and the two-day conference at which the articles were first presented, would not have taken place.

scholarly journals Role of the South in the Development of International Environmental Law

2017 ◽  
Vol 1 (2) ◽  
pp. 133-157
Author(s):  
Parvez Hassan
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Colonial Era ◽  
International Protection ◽  
Post Colonial ◽  
Protection Of Human Rights ◽  
Independent States ◽  
Law Texts

Abstract In the post-colonial era, the newly emerging and independent states of Asia and Africa, supported by the developing world in South America, questioned the validity and legitimacy of norms of international law. Those norms were perceived to serve only the interests of the developed Western nations and were alien to the aspirations of the developing countries. International law has evolved over time, with a willingness to accept the viewpoint of new participants in the global process in a variety of contexts. These include the international protection of human rights and international law regarding the permanent sovereignty of nations over their natural wealth and resources. The interests of developing countries have been assimilated, though the extent to which this is done varies. A central message advanced is that the ultimate integrity of international law is the commonality and synthesis of the interests of all states, rich and poor, agricultural and industrial. The continuing contribution of developing countries, through their participation in conferences, negotiation of treaties and soft law texts, adds immeasurable strength to the current state and future development of international environmental law.

scholarly journals ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY

2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Peace ◽  
International Protection ◽  
Public International Law ◽  
Fundamental Freedoms ◽  
Peace And Security ◽  
Protection Of Human Rights

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.

Palestinian Refugees in International Law

2020 ◽  
Author(s):  
Albanese Francesca P ◽  
Takkenberg Lex
Keyword(s):  
International Law ◽  
The State ◽  
International Criminal Law ◽  
Humanitarian Law ◽  
International Protection ◽  
Internally Displaced ◽  
Palestinian Refugees ◽  
Refugee Law ◽  
Durable Solutions ◽  
Second World

The Palestinian refugee question, resulting from the events surrounding the creation of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-Second World War era. Numbering over six million in the Middle East alone, Palestinian refugees’ status and treatment varies considerably according to the state or territory ‘hosting’ them, the UN agency assisting them, and political circumstances surrounding the Israeli–Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law has not been a decisive factor in discussions concerning their fate. This compelling new edition offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes the relevance of their interplay to the provision of international protection for Palestinian refugees and their quest for durable solutions.

scholarly journals International economic law and the quest for universality

2019 ◽  
Vol 32 (3) ◽  
pp. 401-414 ◽  
Author(s):  
Laurence Boisson de Chazournes
Keyword(s):  
International Economic ◽  
International Law ◽  
Final Analysis ◽  
Economic Law ◽  
Trade Law ◽  
International Trade Law ◽  
International Economic Law ◽  
Investment Law ◽  
Enabling Clause ◽  
Trade And Investment

AbstractThe quest for universality in international economic law has met many obstacles. This article begins from the proposition that there are various ways to conceive of universality in international law, for example whether the rules are accepted widely among states (omnipresence) or whether they are broadly coherent (generality). Homing in on trade and investment law, the article assesses how each of these areas has functioned as a testing ground for these different conceptions. An in-built quasi-universality characterizes international trade law with the WTO as a seemingly centralized universal institution. Such universality, however, has often been achieved through differentiation of rights and obligations (e.g., the Enabling Clause and regional trade agreements). In investment law, attempts at universalization through the construction of centralized institutions have failed. Nevertheless, certain common standards have emerged in this fragmented regime. There is also a debate around the use of the MFN clause as a universalizing tool and renewed efforts to universalize investment law are afoot. More generally, it is clear that there is little appetite for codification of international economic law, and that states wish to control its content through the conclusion of treaties. In the final analysis, this article asks whether it is time to conceive of universality differently, and particularly whether equity and collective preferences should be a more central part of the quest.

Introduction: The Chinese Legal System Since 1995: Steady Development and Striking Continuities

2007 ◽  
Vol 191 ◽  
pp. 555-566 ◽  
Author(s):  
Donald C. Clarke
Keyword(s):  
Legal System ◽  
Legislative Process ◽  
Special Issue ◽  
Personnel Staffing ◽  
Wide Range ◽  
International Legal Order ◽  
Investment Law ◽  
Interpretive Practices ◽  
Trade And Investment

In March 1995, The China Quarterly published a special issue devoted to developments in the Chinese legal system. That issue canvassed a wide range of subjects: the legislative process, the implementation of legislation via the interpretive practices of courts and administrative agencies as well as through the enforcement of civil judgements, the personnel staffing the system in the role of legal advisers, criminal law and human rights, the key area of foreign trade and investment law, and finally China's place and role in the international legal order.

La dottrina internazionalistica italiana e la tutela internazionale dei diritti dell'uomo (1945-2005)

2012 ◽  
pp. 513-537
Author(s):  
Pasquale De Sena
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Issues ◽  
International Protection ◽  
Protection Of Human Rights ◽  
Methodological Approaches ◽  
The Impact ◽  
Methodological Eclecticism ◽  
Rights Issues ◽  
Made In

This paper is aimed at providing an overview of the general trends of the Italian international law scholarship concerning the international protection of human rights during the period from 1945 to 2005. The idea is advanced that human rights have been considered (with one exception) only in the framework of some general issues of international law between 1945 and 1960 (para. 2), whereas human rights issues have been managed increasingly as autonomous legal issues, starting from 1960 (para. 3). Between 1970 and 1987, Italian scholars have mainly focused on judicial or quasi-judicial aspects of the international protection of human rights; at the same time, a widespread attitude to submit human rights-oriented thesis has arisen (para. 4). Moreover, some different methodological approaches have progressively been elaborated (ibid.). These tendencies increased during the period between 1987 and 2005, due to the establishment of some human rights-journals, as well as to the large attention paid by scholars to criminal international law issues and to the impact of human rights on some traditional legal issues (para. 5). Some critical remarks are made in paragraph 6, aimed at stressing the different features of the above mentioned approaches. Furthermore it is shown that, regardless of these differences, a certain methodological eclecticism has come to prevail. It is also maintained that the Italian international law scholarship cannot be considered as "human rightist" ("Droits-de-l'-hommiste"), in spite of the said attitude to advance human rights-oriented thesis.

A Clash of Treaties: The Lawfulness of Countermeasures in International Trade Law and International Investment Law

2015 ◽  
pp. 274-313
Author(s):  
Junianto James Losari ◽  
Michael Ewing-Chow
Keyword(s):  
International Law ◽  
The United States ◽  
International Investment ◽  
Customary International Law ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
Investment Law ◽  
Set Up ◽  
Trade And Investment

Countermeasures are part of customary international law and have been incorporated into the WTO as a mechanism to facilitate compliance. In the NAFTA sugar disputes, Mexico claimed that the measure in dispute was a countermeasure against a breach of NAFTA by the United States. Three US investors also claimed against Mexico under the investment chapter of NAFTA. All three ICSID tribunals held, for different reasons, that trade countermeasures affecting investor rights would be unlawful. Some of the tribunals’ reasoning that investors have direct rights could set up a clash between the trade and investment regimes. We argue that an authorized trade countermeasure should also be lawful in the investment law context. Coherence between the trade and investment regimes is essential in this age of global value chains in which investors are part of a complex trade network. We suggest ways to improve the jurisprudence and existing investment treaties.

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