Search results: Found 6

Listing 1 - 6 of 6
Sort by
Exporting Legality

Author:
ISBN: 9782940503421 9782940503438 Year: Language: English
Publisher: Graduate Institute Publications
Added to DOAB on : 2017-10-09 11:02:38
License:

Loading...
Export citation

Choose an application

Abstract

How did two radically different legal cultures, those of the Ottomans and the Chinese, gradually acquire a legal architecture analogous to that of Europe? This Paper attempts to answer this question by providing a comparative study in legal history of the rise and demise of extraterritorial consular jurisdiction, utilizing a post-colonial and inter-disciplinary approach to international law. The study reveals that the establishment of consular jurisdiction during the nineteenth century was cl...

Environmental dispute resolution in Indonesia

Author:
Book Series: Verhandelingen van het Koninklijk Instituut voor Taal-, Land- en Volkenkunde ISBN: 9789067183260 9789004253865 Year: Volume: 259 Pages: xviii+334 pp DOI: 10.26530/OAPEN_379132 Language: English
Publisher: Brill
Subject: Social Sciences
Added to DOAB on : 2011-11-04 00:00:00
License:

Loading...
Export citation

Choose an application

Abstract

In the last two decades, Indonesia has seen a dramatic proliferation of environmental disputes in a variety of sectors, triggered by intensified deforestation and large scale mining operations in the resource rich outer islands, together with rapid industrialisation in the densely populated inner island of Java. Whilst the emergence of environmental disputes has sometimes attracted political repression, attempts have also been made in recent times to explore more functional approaches to their resolution. The Environmental Management Act of 1997 created a legal framework for the resolution of environmental disputes through both litigation and mediation. This book is the first attempt to analyse the implementation of this framework in detail and to assess the effectiveness of litigation and mediation in resolving environmental disputes in Indonesia. It includes a detailed overview of the environmental legal framework and its interpretation by Indonesian courts in landmark court cases. The book features a number of detailed case studies of both environmental litigation and mediation and considers the legal and non-legal factors that have influenced the success of these approaches to resolving environmental disputes. David Nicholson graduated in Law (Hons) and Asian Studies from Murdoch University in 1995 and was admitted to legal practice in Western Australia in 1997. He subsequently undertook doctoral research on environmental dispute resolution in Indonesia as part of the Indonesia Netherlands Study of Environmental Law and Administration (INSELA) project, based at the Van Vollenhoven Institute at Leiden University, and was awarded a doctorate in law in 2005. Dr Nicholson has since returned to legal practice in Western Australia, specializing in environmental planning and local government law.

International Law and Litigation

Author:
Book Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law ISBN: 9783845299051 Year: Volume: 15 Pages: 724 DOI: http://dx.doi.org/10.5771/9783845299051 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Added to DOAB on : 2019-07-11 07:22:54
License:

Loading...
Export citation

Choose an application

Abstract

Containing contributions by twenty-five scholars, this volume aims to examine the increasingly notable subject of international dispute settlement from an innovative procedural perspective. Indeed, with the ‘jurisdictionalisation’ of international law that has taken place during the last thirty years, both scholars and practitioners have shown an important and growing interest in international law litigation. Yet, little attention has been paid to the procedural aspects thereof. In building upon research into subfields of international litigation (general international law analysis, international economic law procedures, human rights and European law mechanisms), this book endeavours to provide an up-to-date seminal picture of the evolution of the role of procedure across these domains as well as an overall illustration of the field.

The Functional Beginning of Belligerent Occupation

Author:
ISBN: 9782940415441 9782940415489 Year: Language: English
Publisher: Graduate Institute Publications
Added to DOAB on : 2017-10-09 11:02:38
License:

Loading...
Export citation

Choose an application

Abstract

Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper exam...

Peace Through Law

Authors: --- ---
Book Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law ISBN: 9783845299167 Year: Volume: 16 DOI: http://dx.doi.org/10.5771/9783845299167 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2019-03-26 14:01:47
License:

Loading...
Export citation

Choose an application

Abstract

With the benefit of hindsight, presenting the Treaty of Versailles as an example of ‘peace through law’ might seem like a provocation. And yet, the extreme variety and innovativeness of international procedural and substantial ‘experiments’ attempted as a result of the Treaty of Versailles and the other Paris Peace Treaties of 1919–1920 remain striking even today. While many of these ‘experiments’ had a lasting impact on international law and dispute settlement after the Second World War, and considerably broadened the very idea of ‘peace through law’, they have often disappeared from collective memories.Relying on both legal and historical research, this book provides a global overview of how the Paris Peace Treaties impacted on dispute resolution in the interwar period, both substantially and procedurally. The book’s accounts of several all-but-forgotten international tribunals and their case law include references to archival records and photographic illustrations.

Eli Lilly and Beyond

Author:
Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845293110 Year: Volume: 33 Pages: 84 DOI: http://dx.doi.org/10.5771/9783845293110 Language: English
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
License:

Loading...
Export citation

Choose an application

Abstract

Through the emergence of several high-profile investment arbitration cases, the effects of IPRs as investments covered under IIAs have finally come to light. The latest award, the only arbitration case dealing with patents as IPRs – the Eli Lilly v. Canada case – has brought up a number of interesting questions. Two of Eli Lilly's patents have been revoked, whereupon the company tried to redeem them through investment arbitration. One of the claims put forward by Eli Lilly is that his legitimate expectations, a standard of protection found in international investment law, have been frustrated by Canada. By allegedly failing to observe its obligations contained in Chapter 17 of the NAFTA, Canada frustrated the legitimate expectations of Eli Lilly. The thesis tries to analyze how the relationship between international IP treaties and legitimate expectations functions.

Listing 1 - 6 of 6
Sort by
Narrow your search

Publisher

Nomos Verlagsgesellschaft mbH & Co. KG (3)

Graduate Institute Publications (2)

Brill (1)


License

CC by-nc-nd (6)


Language

english (6)


Year
From To Submit

2019 (2)

2018 (1)

2014 (1)

2011 (1)

2010 (1)