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Abkhazia

Farhad Mirzayev.

in Self-Determination and Secession in International Law

June 2014; p ublished online August 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 11783 words.

The paper covers research on the correlation of the principles of uti possidetis juris and self-determination in the case of Abkhazia. It argues that under the principle of uti possidetis,...

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Accountability, Parliamentarism and Transparency in the EU: The Role of National Parliaments by Adam Cygan

David Yuratich.

in Yearbook of European Law

January 2014; p ublished online August 2014 .

Journal Article. Subjects: Comparative Law; EU Law; Private International Law and Conflict of Laws; Public International Law. 827 words.

Africa and the Rethinking of International Investment Law

Makane Moïse Mbengue and Stefanie Schacherer.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 10161 words.

This chapter seeks to present and to contextualize the Pan-African Investment Code (PAIC) by taking a comparative international law approach. Such approach allows us to assess whether the...

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The Andean Tribunal of Justice and its Interlocutors

Karen J. Alter and Laurence R. Helfer.

in Transplanting International Courts

March 2017; p ublished online June 2017 .

Chapter. Subjects: Public International Law; Comparative Law. 17334 words.

This chapter presents data on national court interactions with the Andean Tribunal. It analyzes case referral patterns from each of the five member states and discusses cross-country...

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The Apologist Role of National Courts: Legitimizing (Illegal) State Policy

Sharon Weill.

in The Role of National Courts in Applying International Humanitarian Law

March 2014; p ublished online April 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 31592 words.

This chapter discusses the apologist role of courts, in which they serve as a legitimating agency for state action. The first case study shows how the Israeli High Court of Justice (HCJ)...

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An Applicable International Rule of Law

Robert H. Wagstaff.

in Terror Detentions and the Rule of Law

December 2013; p ublished online April 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 12035 words.

The late Tom Bingham spoke eloquently of the rule of law’s crucial role in the international arena, saying it is ‘one of the greatest unifying factors, perhaps the greatest, the nearest we...

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Assessing the Effectiveness of International Courts

Yuval Shany.

January 2014; p ublished online April 2014 .

Book. Subjects: Public International Law; Comparative Law. 342 pages.

Are international courts effective tools for international governance? Do they fulfil the expectations that led to their creation and empowerment? Why do some courts appear to be more...

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An Asymmetric Comparative International Law Approach to Treaty Interpretation

Alec Knight.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 8384 words.

This chapter illustrates an asymmetric comparative international law approach to treaty interpretation through the example of the CEDAW Committee’s greater willingness to go beyond a margin...

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The Authority of the Andean Tribunal of Justice in a Time of Regional Political Crisis

Karen J. Alter and Laurence R. Helfer.

in Transplanting International Courts

March 2017; p ublished online June 2017 .

Chapter. Subjects: Public International Law; Comparative Law. 12239 words.

This chapter considers the geopolitical factors now threatening the Andean Community and explains how the Andean Tribunal of Justice (ATJ) has responded to this crisis. It also explains why...

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The Avoiding Role of National Courts: Law as a Political Doctrine

Sharon Weill.

in The Role of National Courts in Applying International Humanitarian Law

March 2014; p ublished online April 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 27445 words.

This chapter discusses the avoiding role of courts. Courts, motivated by policy considerations, avoid exercising their jurisdiction over a given case. It first analyses the construction of...

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Caribbean Integration Law

David S. Berry.

February 2014; p ublished online April 2014 .

Book. Subjects: Public International Law; Comparative Law. 512 pages.

Caribbean Integration Law offers an in depth legal analysis of the two main regional organizations in the Caribbean, the Caribbean Community (CARICOM), and the Organisation of...

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Case Law in Russian Approaches to International Law

Lauri Mälksoo.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 6990 words.

In her comparative study on the use of case law in international law textbooks, Anthea Roberts demonstrates a number of structural differences between textbooks in different countries. This...

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CEDAW in National Courts

Christopher McCrudden.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 19583 words.

This chapter presents the methodology and findings of a comparative international law study of national judicial use of the Convention on the Elimination of All Forms of Discrimination...

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Comparative International Law

Edited by Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier and Mila Versteeg.

January 2018; p ublished online January 2018 .

Book. Subjects: Public International Law; Comparative Law. 640 pages.

By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate,...

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Comparative International Law and Human Rights

Christopher McCrudden.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 9412 words.

This chapter offers a justification for separating comparative international human rights law from other related scholarly approaches, using the Convention on the Elimination of All Forms...

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Comparative International Law, Foreign Relations Law, and Fragmentation

Paul B. Stephan.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 8328 words.

This chapter considers the rise of foreign relations law as a way of thinking about the legal dimensions of international relations. It connects this development to the emergence of...

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Comparative International Law Within, Not Against, International Law

Mathias Forteau.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 9616 words.

The work of the ILC constitutes an interesting illustration of a positive interplay between international law and different domestic approaches to international law. Section I of this...

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Comparative Views on the Right to Vote in International Law

Shai Dothan.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 8159 words.

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of...

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Comparing International Law Academics

Anthea Roberts.

in Is International Law International?

November 2017; p ublished online October 2017 .

Chapter. Subjects: Public International Law; Comparative Law. 38168 words.

This chapter identifies and explores some of the nationalizing, denationalizing, and westernizing influences that reflect and reinforce the divisible college of international lawyers. Part...

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Comparing International Law Textbooks and Casebooks

Anthea Roberts.

in Is International Law International?

November 2017; p ublished online October 2017 .

Chapter. Subjects: Public International Law; Comparative Law. 38789 words.

International law textbooks, casebooks and manuals are important to study as they help to reveal how international law is understood, found, and interpreted by the current generation of...

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