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Shirlow E: Judging at the Interface

Judging at the Interface

Deference to State Decision-Making Authority in International Adjudication

Preface; Introduction: deference and the international adjudication of private property disputes; Part I. Conceptual Framework and Methodological Approach: 1. Defining deference - the connection between deference and authority; 2. Deference in context - domestic authority and international private property claims; 3. Locating deference - the function of deference in legal adjudication; Part II. Deference in the International Adjudication of Private Property Disputes: 4. Structures of deference in international case law; 5. Conclusive decision-making authority: deference as submission or control; 6. Suspensive decision-making authority: deference as deferral and abstention; 7. Concurrent decision-making authority: deference as restraint, reference, and respect; Part III. The Systemic Role of Deference in International Law: 8. Deference in different times and contexts; 9. The systemic implications of deference in international adjudication; 10. Bringing principles into practice: grappling with deference in international adjudication; Conclusion: deference as a story of international adjudication; Appendix: data tables; References; Index.

Irish Yearbook of International Law

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship. This new volume covers the years 2023, amid growing state actions reflecting raw political and military power across the American continents, in the Middle East and amid ongoing armed conflicts around the world, most notably in Ukraine and in Gaza. Reports also cover topics on human rights in Ireland, international law in Ireland more generally, and the law of the sea. This volume of the Yearbook includes three articles, addressing international commercial contracts, the use of prosecutorial discretion at the International Criminal Court, and digital open-source evidence in regional human rights courts. Finally, the Yearbook also includes four book reviews covering a wide breadth of international law subjects, such as European legal regulation of technology, the morality of the laws of war, the prohibition of the use of force in international law, and sustainability in international trade agreements.

The Irish Yearbook of International Law, Volume 17, 2023

Modern Studies in European Law

Structural Principles of EU Law

Asian Yearbook of International Law, Volume 30 (2024)

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

Speech has become an increasingly central feature of international criminal proceedings, particularly in cases involving senior political or military leaders. The PJI Guidelines are grounded in extensive jurisprudence, empirical research, and scholarly analysis, drawing on decisions from international courts and tribunals as well as broader interdisciplinary insights. Anchored on the fundamental right to freedom of expression, the Guidelines conveys guidelines for securing criminal accountability. In doing so, the book addresses cutting edge issues including disinformation, interpretation, social media, and AI propagated inflammatory and hateful speech, among other topics. It proposes 10 Key Guidelines, including an amendment to Article 25(3)(e) to criminalise intentional, direct and public incitement to any atrocity crime under the Rome Statute. Contributors are: Katharina Braun, Juan Manuel Klein, Damla Yasemin Ipek, and Manuel J. Ventura.

The Peace and Justice Initiative Guidelines

Speech Crimes in the Digital Era

How should the Arctic be viewed in the 21st century? In this book, a leading commentator assesses the competing players for the Arctic, looking at broad questions of governance and security. The author challenges the view that the Arctic is a passive space which is the focus of competitive advances from superpowers, arguing that it is more correctly understood as a dynamic pluriverse. Drawing on international law, international relations and diplomacy, this is an important re-assessment of the Arctic and its position in geo-politics.

Geopolitics and the High North

The Arctic Großraum

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

Volume 10

The Asian Yearbook of Human Rights and Humanitarian Law

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

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

Studies in International Trade and Investment Law

This book charts a pioneering course for researchers and policy makers seeking to understand, navigate and influence the decentralised international legal order. It invites readers on an exploratory journey that treats international trade, investment and tax law as laboratories for the application of the complexity framework to public international law. It describes familiar international legal regimes in unfamiliar terms by shining a light on trade, investment and tax as living sub-systems inside a self-organising network. Drawing on the vocabulary and metaphors of the complexity framework, such as emergence, feedback, attractors and path-dependency, the book explores why treaties proliferate, why some legal reforms stagnate and others cascade, and where small, well-placed interventions can redirect the whole. Moving beyond descriptive frames, the book supplies a predictive lens and a practical toolbox for steering international law, for example, towards increased resilience. A rich repertoire of examples and vivid metaphors show how legal evolution is shaped. The book's critical reflections keep the promise of complexity grounded in normative debates. Written for readers with only a basic background in the regimes that govern international economic relations and no prior knowledge of complexity, the book introduces a novel frame of reference to the study of public international law. This book is written for anyone worried about incoherence, fascinated by interconnectedness, and searching for levers of change.

Interaction and Evolution in International Economic Law

Public International Law as a Complex Adaptive System

Judging at the Interface

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