Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal. Furthermore, the state never acts as a juridical or natural person and, therefore, in logical terms, its functions cannot be divided into potere politico and persona civile, as a prelude to determine jurisdiction. The said Italian doctrine therefore is ex facie erroneous, and that a simple dichotomy between absolute immunity and restrictive immunity wholly predicated on the nature test alone would not be helpful in promoting justice. Hence, arbitration and comparative dominant theory are suggested instead in the resolution of this elusive problem.

European law --- Public law. Constitutional law --- Europees recht --- grondrechten --- staatsrecht --- grondwet

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.

European law --- Public law. Constitutional law --- Verdrag van Lissabon --- grondrechten --- staatsrecht --- grondwet --- European Union

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them. Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be Head of State? What is our constitutional relationship with other nation states? What is the influence of international law on our domestic system? What process should constitutional change follow? In this volume, scholars, practitioners, politicians, public officials, and young people explore these questions and others in relation to the New Zealand constitution and provide some thought-provoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and globalised world.

Politics --- International law --- Public law. Constitutional law --- politieke wetenschappen --- internationaal recht --- grondrechten --- staatsrecht --- grondwet

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Essays on Law and War at the Fault Lines This collection of essays by Professor Michael N. Schmitt, Chairman of the International Law Department at the United States Naval War College, draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict.  As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law.  Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict.  Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities. The essays brought together in this book, dealing with the most complex and controversial issues of International Humanitarian Law and the use of force, form a unique collection of often cited works, used as a foundation for subsequent work in the area.

International law --- Public law. Constitutional law --- Law --- recht --- internationaal recht --- publiek recht

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union.   The main scholarly articles of this volume of the NYIL deal with the life and legacy of T.M.C. Asser and the legal aspects of the transfer of authority in UN Peace Operations. The Agora in this volume raises the fundamental question: what does the 2003 Iraq intervention teach us about the relation between international law and politics? The contributions to this section address this question from different angles, including the perspective of international relations, international legal theory, positive international law, discourse analysis, as well as the views of an international legal advisor. The contributions depict a rich and complex image of the relationship between international law and politics: beyond the relative indeterminacy of the law and beyond the collapsed boundary between international law and politics, it appears as if an international rule of law re-emerges as a specific way of doing politics.    

International law --- Public law. Constitutional law --- recht --- internationaal recht --- publiek recht --- Iraq