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Villarroel F: Derecho Internacional del
Mar

Derecho Internacional del Mar

Segunda edición

Studies in International Law

This book offers the first comprehensive study of unjust enrichment as a principle of international law. While domestic legal systems have long recognised unjust enrichment as a basis for restitution, its role in international law remains underexplored. This book addresses this gap by examining the roles of the international norm against unjust enrichment both as an independent basis for a claim and in the development and interpretation of other international norms. It explores the far-reaching implications of this norm for inter-state relations and investment arbitration. The book advances three key arguments: that unjust enrichment claims in international law may extend to indirect recipients; that states enriched through conduct harming another state can incur liability in unjust enrichment even without a transfer of value from the harmed state to the enriched state; and that the principle of unjust enrichment is not merely subsidiary to the law of state responsibility for internationally wrongful conduct. Through rigorous analysis, the book explores the rationales underlying unjust enrichment - proprietary, fairness, and wrongfulness - and evaluates their applicability in the international arena. It also considers practical challenges such as indeterminacy, multiple-claimant situations, and the risk of proliferating disputes. Drawing on jurisprudence from the Iran-US Claims Tribunal, ICSID, and other international tribunals, as well as comparative insights from English, German, US, and other domestic laws, the book provides a nuanced framework for applying unjust enrichment in international law. It will be indispensable for scholars of public international law, practitioners engaged in inter-state adjudication, government lawyers, and investment arbitration specialists seeking principled solutions to complex disputes.

Unjust Enrichment in International Law

Modern Studies in European Law

Structural Principles of EU Law

Asian Yearbook of International Law, Volume 30 (2024)

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

Volume 10

The Asian Yearbook of Human Rights and Humanitarian Law

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Brill | Nijhoff

Outer space has long been considered the last untouched wilderness. However, non-State actors are increasingly active in space, heightening the risk of space pollution. Space law, designed during the Cold War, is State-centric and makes inadequate provision for non-State actors. In the face of this emerging threat, this book examines potential avenues of redress in space law, including the Outer Space Treaty, along with international environmental law, international criminal law, international humanitarian law, and international human rights law. It also reviews the national legislation adopted by space-faring States at the domestic level. In parallel, the book examines the deeper theoretical implications addressing non-State actor conduct under international law. Ultimately, it proposes a ground-breaking new international law instrument to hold non-State actors responsible for space pollution.

Lex Ad Astra

A Festschrift for Rob Cryer

The Character of International Law

This book clarifies all legal aspects of the good neighbourliness principle in international and EU law. It elaborates on the most acute infringements of the principle of good neighbourliness in both international relations and EU enlargement policy. Taking a two-part approach, it offers the international law and EU law perspectives. Over five chapters, it sets out the legal framework and the practical application of the principle, before setting out conclusions on the effectiveness of that application. Given the current focus on enlargement and accession to the EU this is a timely and topical study in an under-researched field.

The Principle of Good Neighbourliness in International Law and EU Law

Science fiction has long been fascinated with the potential for sentient, human-like artificial persons. Even before reality meets fantasy, individuals, governments and businesses already entrust AI to make automated decisions with potential for real-life impact. What are the implications for AI legal personhood? This work examines how different legal entities differ in rights and duties and considers historical examples that show how legal personhood status can change over time under economic, social and pragmatic pressures. By abandoning the traditional binary, characteristics-based concept of the legal person for a historical lens, we are left with a more nuanced concept of the legal person against which sentience matters far less than what we might otherwise assume.

Persona Ex Machina: Artificial Intelligence on a Spectrum of Legal Personhood

This classic textbook provides a thorough overview of European private international law. It is essential reading for students and practitioners of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression, ensuring it maintains its position as the leading textbook in the field.

Commercial Litigation in the EU

European Private International Law

Hart Monographs in Transnational and International Law

This book offers the first comprehensive study of quasi-judicial bodies and their operation in international law. What are quasi-judicial bodies as a formulation in international law? Though these are currently legion at the international level, there is yet to be a rigorous analysis of them as a category. This book fills this gap by setting out a comprehensive and detailed map of this quasi-judicial terrain. Taking a comparative approach, it looks at the form and function of these bodies, as well as commenting on their effectiveness. It goes further to explore their understanding at the domestic and international court level. This is a fascinating study that will be of interest to all scholars of international courts and institutions.

What are quasi-judicial bodies as a formulation in international law? Though these are currently legion at the international level, there is yet to be a rigorous analysis of them as a category. This book fills this gap by setting out a comprehensive and detailed map of this quasi-judicial terrain. Taking a comparative approach, it looks at the form and function of these bodies, as well as commenting on their effectiveness. It goes further to explore their understanding at the domestic and international court level. This is a fascinating study that will be of interest to all scholars of international courts and institutions.

Quasi-Judicial Bodies in International Law

Derecho Internacional del Mar

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