A large and growing proportion of contemporary environmental regulation is transnational, which means that it is impossible to understand environmental governance without a firm grasp of the nature of transnational environmental regulation (TER). In this illuminating work, Veerl…
The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention ìn time of war or other public…
The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a …
"Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Ident…
The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vie…
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and st…
There are three legal frameworks applicable to international investments: the laws of the host state and the investor's country, the contract between the host state and the investor, and the rules of international investment law. This book assesses how these three bodies of law …
"Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that …
"Conventionally, founding moments are landmark events that break ties with the ancient regime and lay the foundation for the establishment of new constitutional order. They are often depicted as occurring radically, and are best exemplified by revolution. Founding moments shape …