Since the first edition in 1982, this book has become the standard work on the subject. Now fully revised and updated, it provides a succinct guide to, and analysis of, Australian courts and tribunals, their jurisdiction, and their functioning.
Since the first edition in 1982, this book has become the standard work on the subject. Now fully revised and updated, it provides a succinct guide to...
How do international human rights and humanitarian law protect vulnerable individuals during peace and war? Provost analyzes systemic similarities and differences between the two to examine how they are each designed to achieve their specific goals. He describes the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. He covers all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America.
How do international human rights and humanitarian law protect vulnerable individuals during peace and war? Provost analyzes systemic similarities and...
From the Congress of Vienna to the "war on terrorism," the roles of "great powers and outlaw states" have had a major impact on international relations. Gerry Simpson describes the ways in which an international legal order based on "sovereign equality" has accommodated the great powers and regulated outlaw states since the beginning of the nineteenth century. Simpson also offers a way of understanding recent transformations in the global political order by recalling the lessons of the past--in particular, through the recent violent conflicts in Kosovo and Afghanistan.
From the Congress of Vienna to the "war on terrorism," the roles of "great powers and outlaw states" have had a major impact on international relation...
This book examines constitutional rights to property in Commonwealth countries. It concentrates on the central issues of a right to property, such as the meaning of "property," and "adequate" or "fair" compensation. Many judges use comparative law to resolve constitutional cases. However, very few books have been written on comparative law in the Commonwealth. It also examines the historical background in the fundamental principles of the British constitution and the colonial system. The analysis is both practical and theoretical, and it will be useful to academic and practicing lawyers.
This book examines constitutional rights to property in Commonwealth countries. It concentrates on the central issues of a right to property, such as ...
This comparative analysis of civil procedure concentrates on the purposes served by the institution of legislation rather than the intentions of those who litigate. Stressing that those purposes go far beyond mere nonviolent dispute resolution, Jolowicz conducts a comparative examination of procedural law in an attempt to explain the ideas that underlie its constituent elements. He also deals with the reform of English law and the consequences that the new Civil Procedure Rules will have on the character of English procedural law.
This comparative analysis of civil procedure concentrates on the purposes served by the institution of legislation rather than the intentions of those...
This is the first attempt to deal with trusts on a comparative law basis. The book examines more than thirty countries, and submits a unified theory of trusts. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law. Academics will find this book a novel approach to the English-model trust, and practitioners will find it gives a wealth of information on foreign legal systems.
This is the first attempt to deal with trusts on a comparative law basis. The book examines more than thirty countries, and submits a unified theory o...
Every state in the world has undertaken human rights obligations on the basis of United Nations treaties. Today's challenge is to enhance the effectiveness of procedures and institutions established to promote the accountability of governments. This volume contains detailed analyses of the strengths and weaknesses of the system, written by leading participants in the work of the treaty bodies. Their recommendations provide a blueprint for far-reaching reform of a system of major importance for the future of international efforts to protect human rights.
Every state in the world has undertaken human rights obligations on the basis of United Nations treaties. Today's challenge is to enhance the effectiv...
This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes. This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject,...
This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in p...
There is considerable writing on the laws designed to regulate war, but most of this material is devoted to international wars between different states. Lindsay Moir examines the laws which exist to protect civilians caught up in armed conflicts within a single state. This book traces the development of international law from the nineteenth century, up to events arising from the conflicts in Rwanda and the former Yugoslavia. It demonstrates how human rights can offer protection during armed conflict and how effectively (and by whom) the relevant rules can be enforced.
There is considerable writing on the laws designed to regulate war, but most of this material is devoted to international wars between different state...
When does international law give a group the right to choose its sovereignty? In an original perspective on this familiar question, Knop analyzes the ways that many of the groups that the right of self-determination most affects--including colonies, ethnic nations, indigenous peoples and women--have been marginalized in its interpretation. Her analysis also reveals that key cases have grappled with this problem of diversity. Challenges by marginalized groups to the culture or gender biases of international law emerge as integral to the cases, as do attempts to meet these challenges.
When does international law give a group the right to choose its sovereignty? In an original perspective on this familiar question, Knop analyzes the ...