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Rethinking the Legitimacy of Public International Law
Rethinking the Legitimacy of Public International Law
From the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649 to the Bolshevik Revolution of 1917
This book examines the development of Russian law from 1649 (the Council Code of Tsar Aleksei Mikhailovich) up to the Bolshevik Revolution of 1917. Most of what happened during this eventful period found reflection in legislation and was in fact brought about by legislation. This applies to the fundamental reforms of the Russian state by Peter the Great, the abolition of serfdom and the agricultural reforms of the 1860’s, the creation of a modern system of courts during the same period, and the hesitant introduction of a more democratic system of governance through the Constitution of 1906.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
From the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649 to the Bolshevik Revolution of 1917
This book examines the development of Russian law from 1649 (the Council Code of Tsar Aleksei Mikhailovich) up to the Bolshevik Revolution of 1917. Most of what happened during this eventful period found reflection in legislation and was in fact brought about by legislation. This applies to the fundamental reforms of the Russian state by Peter the Great, the abolition of serfdom and the agricultural reforms of the 1860’s, the creation of a modern system of courts during the same period, and the hesitant introduction of a more democratic system of governance through the Constitution of 1906.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
Public International Law, Private Law, Dispute Settlement
Public International Law, Private Law, Dispute Settlement
Evolution of a Crime
In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
Evolution of a Crime
In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
Focusing on Direct Applicability
Domestic Application of International Law analyses the domestic application of international law, with a particular focus on the concept of direct applicability. It critically examines the relevant doctrine and practice and proposes a new analytical framework. It argues, inter alia, the following: direct applicability is a question of domestic law; international law is presumed to be directly applicable; the criteria for direct applicability are grounds to exclude rather than establish direct applicability; the positive intent of the parties should not be considered a criterion; domestic legal force is a prerequisite for direct applicability; a relative approach to direct applicability should be adopted.
Focusing on Direct Applicability
Domestic Application of International Law analyses the domestic application of international law, with a particular focus on the concept of direct applicability. It critically examines the relevant doctrine and practice and proposes a new analytical framework. It argues, inter alia, the following: direct applicability is a question of domestic law; international law is presumed to be directly applicable; the criteria for direct applicability are grounds to exclude rather than establish direct applicability; the positive intent of the parties should not be considered a criterion; domestic legal force is a prerequisite for direct applicability; a relative approach to direct applicability should be adopted.
Use of Force and Discriminatory Navigational Restrictions in Straits
Use of Force and Discriminatory Navigational Restrictions in Straits
Institutions and Dispute Settlement
Volume Editor:
Laura Wanner
With the conclusion of the Uruguay Round, the World Trade Organization was established as a fully-fledged international organization including a comprehensive dispute settlement system which has, however, recently been challenged.
This commentary on the Agreement Establishing the WTO, the Dispute Settlement Understanding and the Trade Review Policy Mechanism offers a comprehensive overview of the legislative history, interpretation, practical application and challenges to the institutional system of the WTO. This volume brings together contributions by distinguished scholars and practitioners and aims at giving guidance to all interested in the WTO institutional arrangements and dispute settlement system.
This commentary on the Agreement Establishing the WTO, the Dispute Settlement Understanding and the Trade Review Policy Mechanism offers a comprehensive overview of the legislative history, interpretation, practical application and challenges to the institutional system of the WTO. This volume brings together contributions by distinguished scholars and practitioners and aims at giving guidance to all interested in the WTO institutional arrangements and dispute settlement system.
Institutions and Dispute Settlement
Volume Editor:
Laura Wanner
With the conclusion of the Uruguay Round, the World Trade Organization was established as a fully-fledged international organization including a comprehensive dispute settlement system which has, however, recently been challenged.
This commentary on the Agreement Establishing the WTO, the Dispute Settlement Understanding and the Trade Review Policy Mechanism offers a comprehensive overview of the legislative history, interpretation, practical application and challenges to the institutional system of the WTO. This volume brings together contributions by distinguished scholars and practitioners and aims at giving guidance to all interested in the WTO institutional arrangements and dispute settlement system.
This commentary on the Agreement Establishing the WTO, the Dispute Settlement Understanding and the Trade Review Policy Mechanism offers a comprehensive overview of the legislative history, interpretation, practical application and challenges to the institutional system of the WTO. This volume brings together contributions by distinguished scholars and practitioners and aims at giving guidance to all interested in the WTO institutional arrangements and dispute settlement system.
Volume 17, 2019
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
Volume 17, 2019
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
This Yearbook covers the period 1 January 2019 to 31 December 2019.