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Static and evolutive treaty interpretation : a functional reconstruction
Djeffal, Christian, author
Cambridge, United Kingdom : Cambridge University Press, 2016
Two paths to interpretative method -- Suggested solutions -- Mode of inquiry : functional reconstruction -- Historical account of the means of interpretation -- Cardinal cores of the rule : features of the process -- Interpretative knots : the system of the VCLT revisited -- Shout of encore : evolutive interpretation in the context of the VCLT -- Profiling courts : a framework of analysis -- The International Court of Justice : peacemakers and disputants -- The European Court of Human Rights : an aging activist -- Summary and conclusions.
"How should international treaties be interpreted over time? This book offers fresh insights on this age-old question. The Vienna Convention on the Law of Treaties (VCLT) sets out the rules for interpretation, stipulating that treaties should be interpreted inter alia according to the 'ordinary meaning' of the text. Evolutive interpretation has been considered since the times of Gentili and Grotius, but this is the first book to systematically address what evolutive interpretation looks like in reality. It sets out to address how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static. With the VCLT as its point of departure, this study develops a functional reconstruction of the rules of treaty interpretation, and explores and analyses how the International Court of Justice and the European Court of Human Rights have approached the issue."--Publisher description.
Baker Berry KZ1304 .D54 2016
The Protection of intellectual property in international law
Grosse Ruse-Khan, Henning, 1974- author
Oxford, United Kingdom : Oxford University Press, 2016
Baker Berry K1401 .G77 2016
Religious hatred and international law : the prohibition of incitement to violence or discrimination
Temperman, Jeroen, author
Cambridge, United Kingdom : Cambridge University Press, 2016
1. Introduction -- Part I. The Genesis of the prohibition of religious hatred constituting incitement in international law -- 2. Pre-ICCPR developments -- 3. The drafting of Article 20(2) ICCPR -- Part II. Preliminary matters -- 4. The mandatory nature of Article 20(2) ICCPR -- 5. Article 20(2) ICCPR: prohibition per se or also a human right? -- 6. Comparative international perspectives: CERD and the European Court of Human Rights on the 'right to be free from incitement' -- Part III. Legislative obligations: defining the scope of the offence of 'advocacy of religious hatred that constitutes incitement' -- 7. The actus reus of 'advocacy of religious hatred constituting incitement': threshold, definitions, and concepts -- 8. National incitement law checklist -- Part IV. Judging Incitement -- 9. Intent -- 10. The context of religious hatred -- 11. Holocaust denial and glorification of religious violence -- Part V. Aggravating factors and sanctions -- 12. Organized hatred -- 13. Sanctions -- Part VI. Conclusion -- 14. Conclusion.
"The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights"--
Baker Berry K3258 .T46 2016
Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy
Henckels, Caroline, 1982- author
Cambridge, United Kingdom : Cambridge University Press, 2015
Proportionality and deference in theoretical perspective -- Operationalizing deference in the context of proportionality analysis : comparative approaches -- Methods of review employed by investment tribunals in regulatory disputes -- The development of an institutionally sensitive approach to proportionality analysis in investor-state arbitration -- Other issues affecting the method and standard of review in investor-state arbitration.
Baker Berry K3830 .H45 2015
Exclusion from public space : a comparative constitutional analysis
Moeckli, Daniel, author
Cambridge, United Kingdom : Cambridge University Press, 2016
Introduction -- Public space and its transformation -- Exclusion from public space -- Rule of law -- Fundamental rights : liberty -- Fundamental rights : equality -- Democracy -- A right (of access) to public space? -- Synthesis.
"Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland." -- Back cover.
Baker Berry K3256 .M64 2016
The new entrants problem in international fisheries law
Serdy, Andrew, author
New York : Cambridge University Press, 2016
The bioeconomics of high seas fishing: new entrants and the tragedy of the commons New entrants, old problem: allocation principles in the UN Fish Stocks Agreement and other treaties -- A wrong turning in international fisheries law: the flawed concept(s) of illegal, unreported and unregulated fishing -- Case study: new entrants and the Commission for the Conservation of Southern Bluefin Tuna -- Quota trading in international fisheries commissions: an idea whose time has come? -- Conclusions: a role for State responsibility?
Are international fisheries heading away from a global commons with open access towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional fisheries management organisations, in whose gift participatory rights now mostly lie, are increasingly having to deal with this question, which has hitherto been little analysed. This book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement as an incentive to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.
Baker Berry K3895 .S47 2016
The doctrine of odious debt in international law : a restatement
King, Jeff, 1973- author
Cambridge, United Kingdom : Cambridge University Press, 2016
International law, sovereign debt and odious debt -- The status of odious debts in international law -- The enforceability of odious debts in domestic law.
"There has been a considerable amount of recent writing in civil society, legal academia, among commercial lawyers, and in UN agencies and the World Bank about the doctrine of odious debt. The surge in interest arose after the fall of Saddam Hussein's Iraq in 2003, and the claims by senior members of US President George W Bush's administration that Iraq's debt might be regarded as odious. The core idea of the doctrine as traditionally presented is that some sovereign debt claims are not binding or enforceable on account of the creditor's awareness of the fact that the proceeds of the loan would be used to oppress the population of the debtor state, or would be used for personal enrichment rather than public purposes. As this article will show, there has also been a substantial degree of skepticism about the legal status of the doctrine. The precedents are regarded as meager. Courts and tribunals have avoided ruling on its existence. Provisions on odious debt were deliberately omitted in the one relevant treaty on state succession to public debts. And the picture has been complicated by the existence of a widely diverging range of understandings of the doctrine, and especially of the putative requirement that public debts be for public purposes"--
Baker Berry K4450 .K56 2016
Deepening EU-Georgian relations : what, why and how?
edited by Michael Emerson and Tamara Kovziridze ; CEPS contributors, Seven Blockmans and three others, Reformatics contributors, Giorgi Akhalaia and ten others
Lanham, Maryland : Rowman & Littlefield International, 
Baker Berry KJE5177.A34 G28 2016
The face that launched a thousand lawsuits : the American women who forged a right to privacy
Lake, Jessica, author
London : Yale University Press, 
"In this book I offer a new history of the evolution of privacy law in the United States that places the legal activism of individual women front and center, women such as the feisty Abigail Roberson, Coney Island high diver Mabel Colyer, the private detective Grace Humiston, Kansas housewife Stella Kunz, Broadway star Gladys Loftus, African American dancer Pauline Myers, and California society matron Gabrielle Melvin"--Page 2.
Baker Berry KF1263.M43 L35 2016
Before Dred Scott : slavery and legal culture in the American confluence, 1787-1857
Twitty, Anne Silverwood, 1980- author
New York NY : Cambridge University Press, 2016
A radical indeterminacy of status -- "With the ease of a veteran litigant" -- "By the help of God and a good lawyer" -- Slavery from liberty to equality -- "Working his emancipation" -- Exploiting the uncertainties of federalism -- Remembering slavery and freedom in the American confluence -- Conclusion.
Baker Berry KF482 .T87 2016
Kyōto-shi : Mineruva Shobō, 2016
Baker Berry Japan K967 .S46 2016
Civil liability in Europe for terrorism-related risk : law and policy
Bergkamp, Lucas, author
New York Cambridge University Press, 2015
Note continued: 11.1.5.A Commission recommendation or communication? / Lucas Bergkamp / Nicolas Herbatschek -- 11.2.Procedural solutions / Lucas Bergkamp / Nicolas Herbatschek -- 11.3.Victim compensation solutions / Lucas Bergkamp / Nicolas Herbatschek -- 11.3.1.Initiatives aimed at informing the security industry and, as necessary, insurers, Member States and other stakeholders about issues of liability (and, if necessary, insurance and contracting) / Lucas Bergkamp / Nicolas Herbatschek -- 11.4.Prerequisites in institutional EU law / Lucas Bergkamp / Nicolas Herbatschek -- 11.4.1.EU competence / Lucas Bergkamp / Nicolas Herbatschek -- 11.4.2.General principles of EU law / Nicolas Herbatschek / Lucas Bergkamp -- 11.4.3.Conclusions / Lucas Bergkamp / Nicolas Herbatschek.
Baker Berry KJE8780 .C58 2015
The drone memos : targeted killing, secrecy, and the law
edited and introduced by Jameel Jaffer
New York : The New Press, 2016
Introduction -- Chekhov's drones -- "The tight leash" -- Secrecy, and the fiction of it -- Law without limits -- The documents. February 19, 2010, Office of Legal Counsel memorandum, "Lethal operation against Shaykh Anwar Aulaqi xxxxxxxxxxxx " -- July 16, 2010, Office of Legal Counsel memorandum, "Applicability of federal criminal laws and the Constitution to contemplated lethal operations against Shaykh Anwar al-Aulaqi" -- March 10, 2010, remarks of Harold Hongju Koh at the annual meeting of the American Society of International Law, "The Obama administration and international law" -- May 25, 2011, Justice Department white paper, "Legality of a lethal operation by the Central Intelligence Agency against a U.S. citizen xxxxxxxxxxxxxxxxxxxxxxxxxxxx, " -- September 16, 2011, remarks of John O. Brennan at Harvard Law School, "Strengthening our security by adhering to our values and laws" -- November 8, 2011, Justice Department white paper, "Lawfulness of a lethal operation directed against a U.S. citizen who is a senior operational leader of al-Qa'ida or an associated force" -- March 5, 2012, remarks of Eric Holder at Northwestern University School of Law -- April 30, 2012, remarks of John O. Brennan at the Woodrow Wilson International Center for Scholars, "The ethics and efficacy of the President's counterterrorism strategy" -- May 22, 2013, letter from Attorney General Eric Holder to Hon. Patrick J. Leahy -- May 22, 2013, Presidential policy guidance, Procedures for the use of force in counterterrorism operations outside the United States and areas of active hostilities" -- May 23, 2013, fact sheet, "U.S. policy standards and procedures for the use of force in counterterrorism operations outside the United States and areas of active hostilities" -- May 23, 2013, remarks of President Barack Obama at the National Defense University -- April 1, 2016, remarks of Brian J. Egan at the annual meeting of the American Society of International Law, "International law, legal diplomacy, and the counter-ISIL campaign" -- July 1, 2016, fact sheet, "Executive order on the U.S. policy on pre & post-strike measure to address civilian casualties in the U.S. operations involving the use of force & the DNI release of aggregate data on strikes outside areas of active hostilities" -- July 1, 2016, Report of the Director of National Intelligence, "Summary of information regarding U.S. counterterrorism strikes outside areas of active hostilities" -- July 1, 2016, Executive order, "United States policy on pre- and post-strike measures to address civilian casualties in U.S. operations involving the use of force."
"The Drone Memos...collects and explains the legal documents underlying the Obama administration's hugely controversial program of remote-control assassination. Jameel Jaffer led the ACLU legal team that sued for the release of these documents. In The Drone Memos, he compiles the legal memos, white papers, and government speeches that, taken together, ratified and even expanded the Bush administration's "war on terror"..."--
Baker Berry KF7225 .D76 2016
Indigenous peoples' land rights under international law : from victims to actors
Gilbert, Jérémie, author
Boston : Brill Nijhoff, 
Baker Berry K738 .G55 2016
Files : law and media technology
Stanford, Calif. : Stanford University Press, 2008
Law's writing lessons -- From translating to legislating -- From documents to records -- Governmental practices -- From the bureau to data protection -- Files into icons.
Baker Berry K87 .V5713 2008
Islamic legal revival : reception of European law and transformations in Islamic legal thought in Egypt, 1875-1952
Wood, Leonard G. H. author
Oxford : Oxford University Press 2016
In this meticulously researched volume, Leonard Wood presents his ground breaking history of Islamic revivalist thought in Islamic law. 'Islamic Legal Revival: Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1879-1952' brings to life the tumultuous history of colonial interventions in Islamic legal consciousness during the nineteenth and early twentieth centuries. It tells the story of the rapid displacement of local Egyptian and Islamic law by transplanted European codes and details the evolution of resultant movements to revive Islamic law. Islamic legal revivalist movements strove to develop a modern version of Islamic law that could be codified and would replace newly imposed European laws. Wood explains in unparalleled depth and with nuance how cutting-edge trends in European legal scholarship inspired influential revivalists and informed their methods in legal thought. Timely and provocative, Islamic Legal Revival tells of the rich achievements of legal experts in Egypt who disrupted tradition in Islamic jurisprudence and created new approaches to Islamic law that were distinctively responsive to demands of the contemporary world. 0The story told bears important implications for understandings of Egyptian history, Islamic legal history, comparative law, and deeply contested and highly transformative interactions between European and Islamic thought.
Baker Berry KRM469 .W66 2016
Playing for equality : oral histories of women leaders in the early years of Title IX
LeBlanc, Diane, 1964 May 15- author
Jefferson, North Carolina : McFarland & Company, Inc., 
Catherine Allen : building community through recreation -- Ruth Schellberg : guiding girls and women through the wilderness -- Celeste Ulrich : speaking out during Title IX transitions -- Fay Biles : empowering women through fitness and fundraising -- Dorothy McIntyre : changing Minnesota high school athletics -- Willye White : competing for an equal chance in life -- Doris Corbett : promoting human rights through sport -- Anita DeFrantz : making the world more like an Olympic village.
"The right to participate in sports and competitive athletics is more than an issue of fair play--it's a matter of human rights. In 1972, Title IX of the Education Amendments became law, transforming sports opportunities for girls and women in the U.S. Based on oral histories, this book chronicles Title IX's impact through the stories of eight women physical educators, coaches, Olympic athletes and administrators. They recall the experience of being female in the mid--20th century, their influential teachers and mentors, and their work to create opportunities. The eight narratives reveal gender, race and class inequity in higher education and athletics and describe how women leaders worked through sports to make women's rights human rights."-- Publisher's website..
Baker Berry KF4166 .L43 2016
The Oxford handbook of roman law and society
edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori
Oxford, United Kingdom : Oxford University Press, 
"The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society"--Book jacket.
Baker Berry KJA147 .O98 2016
La epopeya de la foralidad vasca y navarra : principio y fin de la cuestión foral
Burgo, Jaime Ignacio del, author
[Spain] : Fundación Popular de Estudios Vascos, 2015
I. 1812-1978 -- II. 1975-1978-1979-1982.
Baker Berry KKT5674.83 .B87 2015
The erosion of tribal power : the Supreme Court's silent revolution
Ball, Dewi Ioan, author
Norman, Oklahoma : University of Oklahoma Press, 
The Tribes, Federal Indian Law, and the indian sovereignty doctrine from the nineteenth Century to 1959 -- The foundations of the silent revolution, 1959-1973 -- The silent revolution, 1973-2001 -- Native America, Congress, and the silent revolution -- The effects of the silent revolution -- Native American "Nation Building" during the silent revolution.
"For the past 180 years, the inherent power of indigenous tribes to govern themselves has been a central tenet of federal Indian law. Despite the U.S. Supreme Court's repeated confirmation of Native sovereignty since the early 1830s, it has, in the past half-century, incrementally curtailed the power of tribes to govern non-Indians on Indian reservations. The result, Dewi Ioan Ball argues, has been a "silent revolution," mounted by particular justices so gradually and quietly that the significance of the Court's rulings has largely evaded public scrutiny. Ball begins his examination of the erosion of tribal sovereignty by reviewing the so-called Marshall trilogy, the three cases that established two fundamental principles: tribal sovereignty and the power of Congress to protect Indian tribes from the encroachment of state law. Neither the Supreme Court nor Congress has remained faithful to these principles, Ball shows. Beginning with Williams v. Lee , a 1959 case that highlighted the tenuous position of Native legal authority over reservation lands and their residents, Ball analyzes multiple key cases, demonstrating how the Supreme Court's decisions weakened the criminal, civil, and taxation authority of tribal nations. During an era when many tribes were strengthening their economies and preserving their cultural identities, the high court was undermining sovereignty. In Atkinson Trading Co. v. Shirley (2001) and Nevada v. Hicks (2001), for example, the Court all but obliterated tribal authority over non-Indians on Native land. By drawing on the private papers of Chief Justice Earl Warren and Justices Harry A. Blackmun, William J. Brennan, Thurgood Marshall, William O. Douglas, Lewis F. Powell Jr., and Hugo L. Black, Ball offers crucial insight into federal Indian law from the perspective of the justices themselves. The Erosion of Tribal Power shines much-needed light on crucial changes to federal Indian law between 1959 and 2001 and discusses how tribes have dealt with the political and economic consequences of the Court's decisions." -- Pub;isher's website.
Baker Berry KIE2055 .B35 2016
The formation and identification of rules of customary international law in international investment law
Dumberry, Patrick, author
Cambridge, United Kingdom : Cambridge University Press, 2016
The concept of customary international law -- Dancing with the sources : the fascinating story of the relative importance of custom and treaties at different times in the evolution of international investment law -- State practice -- Opinio juris -- The fundamental importance of customary rules in international investment law.
"Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of State practice which should be considered as relevant evidence for the formation of customary rules and to what extent they are different from those existing under general international law. The book also analyses the concept of States' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in investment arbitration"--
Baker Berry K3830 .D86 2016
Negotiating for water resources : bridging transboundary river basins
Haefner, Andrea, author
New York, NY : Routledge, 2016
Introduction -- Cooperation and conflict in transboundary river basins : a framework -- Troubled Mekong : upstream-downstream challenges and current developments -- Danube River : the leading example? -- La Plata River Basin : overlapping bilateral and multilateral treaties -- Cross case analysis, findings and lessons -- Conclusion -- Appendix: List of interviews and special libraries.
Kresge KZ3700 .H34 2016
Holocaust, genocide, and the law : a quest for justice in a post-holocaust world
Bazyler, Michael J., author
New York, NY : Oxford University Press, 2016
A legal history of the holocaust -- Naming the crime : genocide -- Prosecution of Nazi war criminals at Nuremberg -- National prosecutions of Nazi criminals -- Civil litigation for the financial crimes of the holocaust -- Holocaust denial and the law -- The impact of the holocaust on post-holocaust legal philosophy -- Nuremberg's legacy : the UN Tribunals for Yugoslavia and Rwanda and the International Criminal Court -- Prosecuting genocide -- Conclusion : can genocide be prevented?
Baker Berry KZ7180 .B39 2016
The foundations of jurisprudence : an introduction to Imāmī Shīʻī legal theory = Mabādiʼ al-wuṣūl ilá ʻilm al-uṣūl
Ibn al-Muṭahhar al-Ḥillī, al-Ḥasan ibn Yūsuf, 1250-1325, author
Leiden : Brill, 
kbpFoundations of Jurisprudence: An Introduction to Imāmī Shīʻī Legal Theory' is a critical edition of 'Mabādiʼ al-wuṣūl ilā ʻilm al-uṣūl by al-ʻAllāmah al-Ḥillī', based upon six manuscripts, four of which date from the lifetime of the author. Sayyid Amjad H. Shah Naqavi has provided a critical edition of the Arabic text, along with an English translation, and analytical introduction. Al-ʻAllāmah al-Ḥillī participated in leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʻī scholarship in the thirteenth and fourteenth centuries CE. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʻī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensible for students and scholars of Imāmī Shīʻī jurisprudence.
Baker Berry KBP370.I263 A36813 2017
The return of cultural artefacts : hard and soft law approaches
Tașdelen, Alper, author
Switzerland : Springer, 
Baker Berry K3791 .T37 2016
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