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EB

ONLINE

Oxford, [England] ; Portland, Or. : Hart Pub., 2010

1 online resource (xii, 333 p.)

ISBN 1841132780 (cloth)

ISBN 9781841132785 (cloth)

ISBN 9781847316035 (e-book)

French studies in international law ; v. 3

Includes bibliographical references and index

State contracts and their governing law : a reappraisal -- The international responsibility of states based on investment promotion and protection treaties -- The state’s normative freedom and the question of indirect expropriation -- Some theoretical reflections on state contracts -- Hans Kelsen and the advancement of international law -- The notion of Civitas Maxima in Kelsen’s work -- International courts in an interstate society -- The state within the meaning of international law and the state within the meaning of municipal law (on the theory of the dual personality of the state) -- On the legal nature of the European Communities centralisation/decentralisation of a legal order -- A federation of nation states or a federal state? -- Is there a European approach to human rights?.

The advancement of international law presupposes that the objections are met. The ’realist’ objection claims that sovereign states deciding matters cast over the precept that ’might is right’. This title shows the invention of two techniques in positive law: state contracts and transnational arbitration without privity..

Any talk of the advancement of international law presupposes that two objections are met. The first is the ’realist’ objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that ’might is right’. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more.-.

Electronic reproduction. Ann Arbor, MI : ProQuest, 2015. Available via World Wide Web. Access may be limited to ProQuest affiliated libraries

001780005

full

(Au-PeEL)EBL1772660

(CaONFJC)MIL305954

(CaPaEBR)ebr10461100

(MiAaPQ)EBC1772660

(OCoLC)712015715