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One of the most significant events in China's history of engaging international law was its legal defeat in the South China Sea Arbitration case. The case was brought by the Republic of Philippines on its disputes with China concerning maritime entitlements in the South China Sea. The relevant...
Persistent link: https://www.econbiz.de/10012956532
Parallel to the view that national and international law are two separate legal orders, the concept of the rule of law is often separated into a national and an international rule of law. Since the content of both can differ, this can lead to a confrontational perspective which ultimately asks...
Persistent link: https://www.econbiz.de/10012962423
Public contracting has become an increasingly important form of administrative action, so much that the modern state has been characterized as a ‘contracting state.' Yet, while public contracting increasingly takes place in globalized markets, the law governing it has been understood...
Persistent link: https://www.econbiz.de/10012962428
The paper investigates the implementation of the norms of international humanitarian and human rights law in the Russian courts. It may be viewed as a specific feature that these two categories are considered close in part of the Russian doctrine and, as we will see below, in some judicial...
Persistent link: https://www.econbiz.de/10012904494
This paper aims to build an analytical framework and a research agenda for a study of the potential impact of the rise of China and India on international law. In light of the possibility that the two states may, together or individually, make changes in international law and shift it from its...
Persistent link: https://www.econbiz.de/10012909064
This book, through various differently oriented chapters, tries to give an insight on how the European Union and its multilevel model of governance must try to strike a balance between diverging interests and priorities. In particular, the EU and the European states (including the CoE's Members)...
Persistent link: https://www.econbiz.de/10012909750
The paper argues that we witness a move away from the divide between national and international law. The significance of the boundary between national and international law is decreasing because a separation of legal spheres, as it was the subject of intense debate in the 20th century, is based...
Persistent link: https://www.econbiz.de/10012765159
In December 2007 the US Supreme Court heard oral arguments in its latest Guantaacute;namo Bay cases, Boumediene vs. Bush and Al Odah vs. United States. Interestingly, the argumentation offered in this litigation was almost exclusively domestic - international human rights law did not feature in...
Persistent link: https://www.econbiz.de/10012766466
Framing is pervasive in public international law. International legal norms (incl. soft law) and international politics both inevitably frame how international actors perceive a given problem. Although framing has been an object of study for a long time – be it in domestic or international...
Persistent link: https://www.econbiz.de/10012825053