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This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.
This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!
The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
This book examines the understudied, yet increasingly applied, concept of Guarantees of Non-Repetition under international human rights law and transitional justice. Guarantees of Non-Repetition (GNRs) are measures taken to ensure that human rights abuses do not recur. They are especially crucial in post-war contexts marked by severe and systematic violations. However, although they are increasingly invoked, GNRs are not well understood, and they have so far received only limited theoretical and practical analysis. Tracing their development to the influence of international human rights law, this book considers what GNRs are, how and why they have come about, and how GNRs are implemented. Through an explication of the history, law and jurisprudence of GNR’s – in regional mechanisms in Latin America, Europe, and Asia, as well as in international bodies – the book maintains the increasing importance, and as yet unfulfilled potential, of this legal obligation in transitional justice settings. This first book to analyse the development of GNRs and their application will appeal to scholars in the areas of law and transitional justice, public policy, and socio-legal studies, as well as lawyers and policy-makers working in post-conflict situations.
This treatment of the topic of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. It also provides a theoretical framework and a practical guide.
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Serving as a single volume introduction to the field as a whole, this book seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It identifies the constituent elements of that system in a clear and accessible fashion.
Developments like the completion of the Single Market, the adoption of the Treaty on European Union, the opening up of the European Economic Area, & the emergence of the Central & Eastern European markets make it vital for all legal practitioners & academics concerned with commercial & transnational law to have access to up-to-date information on the laws governing business throughout the whole of Europe. European Business Law Review offers current, authoritative information on a wide range of issues & developments in European business law. Written by a distinguished international team of legal practitioners & academics, European Business Law Review proves an invaluable source of current information, practical analysis, & expert guidance for all lawyers, advisers, & researchers dealing with European business law on a regular basis. Every month European Business Law Review includes analytical articles offering incisive investigations & practical analysis of topics of current importance; country reports highlighting key issues from different European countries; Eurobrief, containing concise summaries of the latest European Community Directives, as reported in the Official Journal, & details of relevant communications from key European institutions; case notes on important recent cases from the European Court of Justice, the Court of First Instance & various national courts; & reviews of the latest literature on areas of European business law. European Business Law Review provides a regular service of opinions & new information, offering practical analysis & guidance on a broad spectrum of topics relating to commercial law in Europe. It covers legal developments in the European Community, the EFTA countries, & the new democracies of Central & Eastern Europe, & also offers an insight into the legal aspects of European trade with non-European countries. As of February 1997, the editorship of the European Business Law Review has been taken over by the Institute of Advanced Legal Studies, London .