Ashgate Public Interest Rules Of International Law by Teruo Komori, Karel Wellens

By Teruo Komori, Karel Wellens

This e-book clarifies components that play an immense position in securing the effectiveness of criminal regimes that goal to guard public pursuits of the overseas group. partly 1, the authors concentrate on theoretical difficulties bobbing up within the implementation means of these felony regimes from either a constitutional and practical standpoint. In elements 2 via half four, they concentrate on functional matters within the implementation strategy of specific felony regimes, in gentle of what interpretation or measures are valid from the point of view of shielding public pursuits. This e-book accommodates an concept of public legislation into the theoretical framework of overseas legislation which has been generally built at the idea of non-public legislation in household felony structures. unlike many books which specialise in the function of the procedural and fabric elements within the implementation strategy of numerous associations and principles, this publication emphasises the position of normative components in securing effectiveness of public interests-oriented principles and is a useful source for either lecturers and coverage makers operating during this quarter.

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L. 77 78 79 80 81 82 83 84 85 86 Black’s Dictionary 2004 at 569. Tams 2007b, 392. Brunnée and Toope 2002, 273–295 at 276. Bianchi 2006 at 895. Scott and Stephan 2006 at 17. Scott and Stephan 2006, 4. Scott and Stephan 2006, 10, 113, 116 and 114. Scott and Stephan 2006, 9 and 4. Scott and Stephan 2006, 151–153. Kicker 2007, 107. 87 In the law of arms control, challenge inspections – which have not taken place yet – may be triggered ‘by a situation which has given rise to concern that there is already a violation’88 and are coming close to enforcement.

37 Kolari 2006, 874–879 at 876. 38 Yearbook International Law Commission (1958), Vol. II, 27–28. 39 See for instance Article 1 of the Chemical Weapons Convention: ‘Each State Party to this Convention undertakes never under any circumstances…’. 40 Kolari 2006, 878. 41 Marauhn 2006, 243–272 at 246. 42 Zimmermann 2007, 15–47 at 26. 43 Gabcikovo-Nagymaros Project (Hungary/Slovakia), Judgment, ICJ Reports (1997), 1 at 53, §76. 44 Skubizewski 1999, 475–483 at 479. l. there is capacity-based non-compliance.

International judicial and quasi-judicial bodies on their part have followed a double track. One way is to confirm that public interest rules are capable of being applied extraterritorially, for example when dealing with violations of HR and IHL as the Court did in the Wall opinion, the DRC Uganda and in the Bosnia Genocide cases. The other approach would consist in bringing extraterritorial exercise of ‘jurisdiction’ or of ‘control’ by States within the realm of their own jurisdiction: this way these bodies are able to extend their protecting function beyond the territory of a contracting Party.

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