The Function of Equity in International Law

The Function of Equity in International Law
Title The Function of Equity in International Law PDF eBook
Author Catharine Titi
Publisher Oxford University Press
Pages 225
Release 2021
Genre Law
ISBN 0198868006

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Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.

Equity and International Law

Equity and International Law
Title Equity and International Law PDF eBook
Author Christopher R. Rossi
Publisher BRILL
Pages 329
Release 2023-11-27
Genre Law
ISBN 9004634061

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When a claimant demands an interpretation of a right in international law that goes beyond existing conventional, statutory or customary norms, proceedings enter the uncharted area of equity in international law. This original book tackles this complex subject with precision and authority. Evaluating past applications of equity, it contributes to improving the record of judicial performance in controversies for which equity is alleged to be relevant. Any decisionmaker confronted with a claim to apply equity will benefit greatly from this book. Published under the Transnational Publishers imprint.

Equity and International Law

Equity and International Law
Title Equity and International Law PDF eBook
Author Christopher R. Rossi
Publisher Brill Nijhoff
Pages 344
Release 1993
Genre Law
ISBN

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When a claimant demands an interpretation of a right in international law that goes beyond existing conventional, statutory or customary norms, proceedings enter the uncharted area of equity in international law. This original book tackles this complex subject with precision and authority. Evaluating past applications of equity, it contributes to improving the record of judicial performance in controversies for which equity is alleged to be relevant. Any decisionmaker confronted with a claim to apply equity will benefit greatly from this book. Published under the Transnational Publishers imprint.

Human Choice in International Law

Human Choice in International Law
Title Human Choice in International Law PDF eBook
Author Anna Spain Bradley
Publisher Cambridge University Press
Pages 171
Release 2021-07-22
Genre Law
ISBN 110842256X

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An exploration of human choice in international legal and political decision making that investigates the neurobiology of choice and the history of how it has affected international peace and security.

Genetic Resources, Equity and International Law

Genetic Resources, Equity and International Law
Title Genetic Resources, Equity and International Law PDF eBook
Author Camena Guneratne
Publisher Edward Elgar Publishing
Pages 335
Release 2012-01-01
Genre Nature
ISBN 0857934953

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ÔThis book provides a clear analysis of the multi-level impacts of the existing international law regime related to genetic resources on developing countries. It does so through a cogent exposition of the different areas of the law pertaining to genetic resources that are relevant and impact on people's rights and livelihoods. Its focus on equity is a welcome addition to the literature.Õ Ð Philippe Cullet, University of London, UK ÔCamena GuneratneÕs thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic ÒcommonsÓ from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.Õ Ð Paul Martin, University of New England, Australia ÔThis is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Dr Guneratne rectifies this mistake. In doing so, she shows us that in many of the most importance instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.Õ Ð Alexander Gillespie, University of Waikato, New Zealand This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements. In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favour private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain. This book will be of use to a wide range of readers from students and scholars to those working in the fields of trade and intellectual property, human rights, environmental conservation and advocacy on international issues. It contains a rigorous legal analysis of current international law development on the issue based on the negotiations which have taken place in the relevant forums, and will therefore be particularly useful to lawyers and legal scholars. It is also written in an uncomplicated style which makes it readily accessible to non-lawyers and the case studies and empirical data used throughout the book adds to its interest.

The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

The Fair and Equitable Treatment Standard in the International Law of Foreign Investment
Title The Fair and Equitable Treatment Standard in the International Law of Foreign Investment PDF eBook
Author Ioana Tudor
Publisher Oxford University Press, USA
Pages 348
Release 2008
Genre Business & Economics
ISBN 0199235066

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This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.

In Fairness to Future Generations

In Fairness to Future Generations
Title In Fairness to Future Generations PDF eBook
Author Edith Brown Weiss
Publisher Hotei Publishing
Pages 424
Release 1988
Genre Law
ISBN

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In this book Professor Weiss combines thorough research and careful analysis with imaginative solutions and a moral fervour, to show how rules of international law can be applied in an intertemporal dimension, and how the basic principles of the intergenerational equity can be developed to provide new standards for human behaviour. She manages to communicate to the reader not only that the situation is getting desperate but also that human intelligence can in time devise adequate remedies, without destroying completely our way of life.