... confluence of public andprivateinternational law
hand, nor of mere courtesy and good will, upon the other’.
2
In turn,
public internationallaw traditionally neglects the analysis of private
international ... its
domain.
252
Public internationallaw was thus elevated to a ‘higher level’
of law from privateinternational law.
253
This is the essential origin of the
false perception of public andprivateinternationallaw ... 19
1.5 The components ofprivateinternational l aw 20
1.6 The international character ofprivateinternationallaw 23
1.7 Outline 24
2 The private history ofinternationallaw 26
2.1 Introduction...
... l’institut de droit international 332–33. C. Chinkin,
“The Challenge of Soft Law: Development and Change in InternationalLaw (1989) 38
(4) Internationaland Comparative Law Quarterly 851. P. ... Relative
Normativity in InternationalLaw (1983) 77 American Journal ofInternationalLaw 436;
R. Baxter, InternationalLaw in ‘Her Infinite Variety’”, (1980) 29 International and
Comparative Law Quarterly ... protec-
tion of biodiversity and intellectual property they offer broad examples of
implementation ofinternationallaw that are worthy to be described and
discussed when appropriate.
1.1.1 Patents and...
...
grammatical and lexical cohesion analyses
for the cohesive harmony of the text; to a
summary of the context of situation of the
text in terms of the three contextual
parameters: field, tenor and ...
astronauts landing in a new planet for the
first time. The “what is going on?” of the
text is well represented in the experiential
component of meaning. From the point of
view of transitivity, of ... in 20, don’t understand
in 27, and don’t worry in 34) characterising
the perception and feeling of the
characters when they land in the new
planet; and 7 are relational and existential
processes...
... (seemingly) public has become private. And changes in the
laws of property of the appropriation of property—can have the
very same effect of changing the public -private character of a good.
The lighthouse, ... bear the
burden of this? It is recognized and I have of course no intention
of disputing the validity of this—that in one sense there can be no
44 The Economics and Ethics ofPrivate Property
9
Here ... ensure the observance of
the rules of language. Like the system of language, then, the rules of market
behavior emerge spontaneously and can be enforced by the “invisible hand” of
self-interest....
... elements of classical thermodynamics of
equilibrium states and deduce from them the second law as the principle of the increase of entropy.
‘Classical’ means that there is no mention of statistical ... Irreversibility and Carathe´ odory’s principle
One of the milestones in the history of the second law is Carathe´ odory’s attempt to formulate the
second law in terms of purely local properties of the ... may or may not be comparable. An example of non-comparable systems
is one mole of H
and one mole of O
. Another is one mole of H
and two moles of H
.
One might think that if the comparison...
... FBA
Whewell Professor ofInternational Law, Faculty of Law, and
Director, Lauterpacht Research Centre for International Law,
University of Cambridge
John S. Bell FBA
Professor of Law, Faculty of Law, ... aspects ofinternationallaw from the system of international
lawand to recreate a new, open and non-colonial international law.
It is now hardly disputable that classical internationallaw was ... their
interrelation.
Comparative law is increasingly used as a tool in the making oflaw at
national, regional andinternational levels. Privateinternationallaw is now
often affected by international conventions, and the...
... ofinternational law, as
embodied in the Charter and in decisions of the International Court, to
regulate the use of force and the assertions of certain most powerful
States, andof certain of ... maintenance and
change of customary international law. By doing so, it hopes to assist both
international lawyers andinternational relations scholars better to under-
stand how lawand politics ... Lawand power
The International Court of Justice has observed that internationallaw is
not a static set of rules, that it undergoes ‘continuous evolution’.
1
The
evolution ofinternational law...
... Karns)
(1995).
is professor ofinternational law, German and
comparative public law, and director of the Institute of International
Law at the University of Găottingen, Germany. He practices ... Ministry and at the Moscow
State Linguistic University. He is deputy editor-in-chief of the Moscow
Journal ofInternationalLawand a member of the Board of the Russian
Association ofInternational Law. ... (1996); The LawofInternational Organisations (1996);
International Lawand Armed Conflict (with H. McCoubrey) (1992);
and The United Nations and the Maintenance ofInternational Peace and
Security...
... January 1976
ICJ International Court of Justice
ICJ Reports Reports of the International Court of
Justice
ICLQ Internationaland Comparative Law
Quarterly
ICRC International Committee of the Red
Cross
ICRC ... for acts of
terrorism or for breach of obligations relating to the fight
against terrorism 58
3.2 Responsibility of non-state actors in internationallaw 61
3.2.1 Criminal law 62
3.2.2 International ... on
customary international law? 40
2.3 Filling the gap? Terrorism and other international legal norms 41
2.4 Conclusion 44
3International responsibility and terrorism 47
3.1 State responsibility in international...
... a
centre of excellence at the University
of Bern, Switzerland. It is the
world’s
rst and most comprehensive
programme
of advanced studies
focusing on the legal, economic and
international ... meet the challenges of
global governance.
– Learn from the best: An outstanding
faculty of experts drawn from the ranks
of academia, international organisations
and leading law rms share their ... University of St. Gallen |
R. Föllmi, University of Bern | P. Gugler, University of
Fribourg | C. Häberli, WTI |
B. Hoekman, World Bank |
P. Holmes, University of Sussex | G. Horlick, LawOf ces
of...
... FBA
Whewell Professor ofInternational Law, Faculty of Law, and
Director, Lauterpacht Research Centre for International Law,
University of Cambridge
John S. Bell FBA
Professor of Law, Faculty of Law, ... relied on three different types of law; divine law, human
law and natural law.
11
Of these, divine law was asserted to be primary
by many scholars and theologians of the fifteenth century. Secondly, ... used as a tool in the making oflaw at
national, regional andinternational levels. Privateinternationallaw is now
often affected by international conventions, and the issues faced by classical
conflicts...
... project ofinternationallaw is titled
The Science ofInternational Law: Its Task and Method, see Oppenheim, The Science of
International Law.
59
Lawrence, The Principles ofInternational Law, p.94.
60
Ibid., ... identify and interpret relevant forms of state behaviour in the
midst of the general flux and confusion ofinternational relations. Thus
Lawrence writes of the great international lawyers of the ... ‘the place of international
law among the sciences’,
57
and international lawyers of the period
invariably refer to the ‘science’ ofinternational law.
58
The positivist self-
image of being engaged...
... discipline of international
law, were attacking Austin for privileging one very specific meaningof the word law .
93
Foradiscussion of Maine’s work in this context, see Walker, A History of the Law of
Nations,p.12.
... 154 156.
85
Lawrence, The Principles ofInternational Law, p.58.
76 imperialism, sovereignty andinternational law
arguing that such states, although not proper, sovereign members of
international ... H.
Alexandrowicz, ‘The Theory of Recognition in Fieri’,(1958)34British Yearbook of
InternationalLaw 176 198.
110
Foradiscussion of this, see Westlake, Chapters on the Principles ofInternational Law,
pp....
... very distinctive, and yet entirely familiar,
part ofinternational law.
118 imperialism, sovereignty andinternationallaw
and institutions rather than despite internationallawand institutions,
then ... their philosophies of law, so closely intertwined
otherwise, helped to provoke a profound debate about the nature ofinternational law,
therole oflaw in international relations and how Americans ... (1998)9European
Journal ofInternationalLaw 189)
246
Some vestiges are still evident, as in Article 38(1)(c) of the Statute of the International
Court of Justice.
120 imperialism, sovereignty andinternational law
been...