On the Relationship Between International and Municipal Laws

On the Relationship Between International and Municipal Laws
Author: Jingxia Shi
Publisher:
Total Pages:
Release: 2022
Genre: China
ISBN: 9780837742564
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With China's international impact on the rise, the application of international law domestically is getting more complex. China's attitude and influence on international law are also undergoing profound changes along the years. In order to explore the relationship between international law and domestic law in theory, and to effectively avoid and handle the contradictions and conflicts between the two in practice, The National Social Science Fund of China has sponsored this study, which has been listed in the National Achievements Library of Philosophy and Social Science and is regarded as one of the most classic work in the field of international law research in China. This book is written by the most influential international public law scholar in China Wan Exiang et al. and thus represent the highest academic level in this study area in China. The book is comprehensive enough to: Contribute to the academic discussion on the theories regarding the relationship between international law and domestic law; the international community Chinese perceptions on the relationship between international law and domestic law. Based on the overall grasp of the existing theoretical forms of the relations, this work innovatively puts forward a theory of interests coordination regarding the relationship between international law and domestic law. The work also examines the application of international human rights law, international economic law, international criminal law and international environmental law in China and the existing problems, so as to enhance a benign interaction between contemporary international law and Chinese municipal law.--Publisher.

The Oxford Handbook on the Sources of International Law

The Oxford Handbook on the Sources of International Law
Author: Samantha Besson
Publisher: Oxford University Press
Total Pages: 1233
Release: 2017
Genre: Law
ISBN: 0198745362
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This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.

The Law of Nations

The Law of Nations
Author: Emer de Vattel
Publisher:
Total Pages: 668
Release: 1856
Genre: International law
ISBN:
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Applying Municipal Law in International Disputes

Applying Municipal Law in International Disputes
Author: Paul B. Stephan
Publisher: BRILL
Total Pages: 320
Release: 2024-03-04
Genre: Law
ISBN: 9004696105
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The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.

Substantive Law in Investment Treaty Arbitration

Substantive Law in Investment Treaty Arbitration
Author: Monique Sasson
Publisher: Kluwer Law International B.V.
Total Pages: 328
Release: 2016-04-24
Genre: Law
ISBN: 9041161104
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This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.

Introduction to International Law

Introduction to International Law
Author: Marek St. Korowicz
Publisher: Springer Science & Business Media
Total Pages: 432
Release: 2013-06-29
Genre: Law
ISBN: 940119226X
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This book in its entirety as well as in each of its parts is an outline of the problems under discussion. The subject matter of some eighty sections of the book is extensive; it could, indeed, be presented by ex perts in as many volumes. This study offers an attempt to formulate a synthesis, however difficult, of the vast amount of available material. Unlike the well-known standard Introductions to International Law which deal with all the major fields of international law, this book treats exclusively the present conceptions of that law as expressed in legal literature, international treaties and other agreements, inter national judgements and awards, governmental and diplomatic state ments and the like. Special attention is devoted, in several chapters of the book, to the "teachings of the most highly qualified publicists of the various nations" which are considered by Article 38 paragraph 1 (d) of the Statute of the International Court of Justice as "subsidiary means for the determination ofrules of law. " An endeavor is made to ascertain whether in certain fields of the theory of international law a "Communis opinio doctorum" has either been reached or is in the process of achievement. Some readers may consider that there are too many quotations from writings of publicists; others will certainly feel - as does this writer - that too many outstanding international lawyers have not been included.

Is International Law International?

Is International Law International?
Author: Anthea Roberts
Publisher: Oxford University Press
Total Pages: 433
Release: 2017
Genre: Law
ISBN: 0190696419
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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

The Enforcement of International Law Through Municipal Law in the United States

The Enforcement of International Law Through Municipal Law in the United States
Author: Quincy Wright
Publisher:
Total Pages: 280
Release: 1915
Genre: Law
ISBN:
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