Appeal Relating to the Jurisdiction of the ICAO Council (India V. Pakistan)

Appeal Relating to the Jurisdiction of the ICAO Council (India V. Pakistan)
Title Appeal Relating to the Jurisdiction of the ICAO Council (India V. Pakistan) PDF eBook
Author International Court of Justice
Publisher
Pages 826
Release 1973
Genre Airspace (International law)
ISBN

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Appeal Relating to the Jurisdiction of the ICAO Council (India V. Pakistan)

Appeal Relating to the Jurisdiction of the ICAO Council (India V. Pakistan)
Title Appeal Relating to the Jurisdiction of the ICAO Council (India V. Pakistan) PDF eBook
Author International Court of Justice
Publisher
Pages 791
Release 1968
Genre Airspace (International law)
ISBN

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The Resolution of Inter-State Disputes in Civil Aviation

The Resolution of Inter-State Disputes in Civil Aviation
Title The Resolution of Inter-State Disputes in Civil Aviation PDF eBook
Author Luping Zhang
Publisher Oxford University Press
Pages 257
Release 2022-01-06
Genre Law
ISBN 0192665936

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In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take. It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.

State Responsibility for International Terrorism

State Responsibility for International Terrorism
Title State Responsibility for International Terrorism PDF eBook
Author Kimberley N. Trapp
Publisher OUP Oxford
Pages 320
Release 2011-06-02
Genre Law
ISBN 0191621668

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The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate, any applicable lex specialis (including the jus in bello), and sub-systems of international law (such as the WTO-), as well as the interaction between determinations of individual criminal responsibility and the implementation of state responsibility. The international community has responded to the threat of international terrorism both through a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analysed in this book cut across both approaches as they apply, whether states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.

Unilateral Sanctions in International Law

Unilateral Sanctions in International Law
Title Unilateral Sanctions in International Law PDF eBook
Author Surya P Subedi QC
Publisher Bloomsbury Publishing
Pages 432
Release 2021-05-06
Genre Law
ISBN 1509948406

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This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

International Law in Historical Perspective

International Law in Historical Perspective
Title International Law in Historical Perspective PDF eBook
Author J.P.S. Offerhaus
Publisher BRILL
Pages 405
Release 2023-11-27
Genre Law
ISBN 9004632352

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This volume completes the monumental, eleven-volume series, International Law in Historical Perspective, which was published over a period of 24 years by Professor J.H.W. Verzijl (and continued after his death in 1987 by W.P. Heere and J.P.S. Offerhaus). This index volume provides insight into the series both for the uninitiated and initiated, enabling the user to access all 11 volumes (spanning a total of 6500 printed pages) quickly and easily. It contains a subject index, an index of personal names, of geographical names, of ships' names, a list of treaties, a list of international judgements and a list of international arbitrations. A list of Professor Verzijl's commentaries on the more recent jurisprudence of the International Court of Justice completes the volume.

Proof and the Burden of Proof in International Investment Law

Proof and the Burden of Proof in International Investment Law
Title Proof and the Burden of Proof in International Investment Law PDF eBook
Author Giulio Alvaro Cortesi
Publisher Springer Nature
Pages 240
Release 2022-04-29
Genre Law
ISBN 3030963438

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International investment arbitration has been dubbed the “Antarctica” of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.