Results 11 to 20 of about 2,445 (167)

Tools of imperialism or sources of international law? Treaties and diplomatic relations in early modern and colonial Southeast Asia

History Compass, Volume 21, Issue 12, December 2023., 2023
Abstract The history of treaty‐making, diplomacy, and international law has traditionally been written from Eurocentric perspectives, but since the middle of the 20th century, Southeast Asia has attracted relatively much attention because of the region's importance for the 17th‐century Dutch jurist Hugo Grotius.
Stefan Eklöf Amirell
wiley   +1 more source

Beyond the North–South divide: Litigation's role in resolving climate change loss and damage claims

Review of European, Comparative &International Environmental Law, Volume 32, Issue 3, Page 439-452, November 2023., 2023
Abstract Within the international climate regime, legal aspects surrounding loss and damage (L&D) are contentious topics, implicating liability, compensation and notions of vulnerability. The attribution of responsibility and the pursuit of redress for L&D present intricate legal and governance challenges.
Maria Antonia Tigre, Margaretha Wewerinke‐Singh   +1 more
wiley   +1 more source

An integrated approach to corporate due diligence from a human rights, environmental, and TWAIL perspective

Regulation &Governance, Volume 17, Issue 4, Page 927-943, October 2023., 2023
Abstract Ten years since the adoption of the UN Guiding Principles on Business and Human Rights, we have witnessed an increasing trend in Europe toward the adoption of mandatory human rights and environmental due diligence. Focusing on due diligence legislation from France, Germany, Norway, and the EU, this article examines the extent to which these ...
Fatimazahra Dehbi, Olga Martin‐Ortega
wiley   +1 more source

Unjust enrichment in investor–State arbitration: A principled limit on compensation for future income from fossil fuels

Review of European, Comparative &International Environmental Law, Volume 32, Issue 2, Page 358-370, July 2023., 2023
Abstract If States take seriously the Paris Agreement's mitigation goal by phasing out the use of fossil fuels in energy production, investor–State arbitration could allow claimants to recoup lost value. In awards of compensation, tribunals typically apply forward‐looking, income‐based valuation methods to quantify future cash flows.
Oliver Hailes
wiley   +1 more source

International Law, Western States, Third World States,and the Principles of Independent Economic Self-determination [PDF]

, 2020
In practice, international law appears to have worked against those principles that accord the people of a State the right to economic self-determination, such as the principle of free choice in economic development.
IKEJIAKU, Brian
core   +1 more source

‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People's Tribunals

The Modern Law Review, Volume 86, Issue 1, Page 67-84, January 2023., 2023
In recent years there has been a proliferation of People's Tribunals (PTs), promising to address atrocities that have fallen through the net of a statist international legal order. However, the status of such informal tribunals has remained controversial in both literature and practice.
Aldo Zammit Borda, Stefan Mandelbaum
wiley   +1 more source

Regulating humanity's impact on the earth: The promise of transnational environmental law

Global Policy, Volume 13, Issue S3, Page 38-48, December 2022., 2022
Abstract Transnational environmental law (TEL) is a relatively new field of research that is agitated by the concept of the Anthropocene. Like environmental law, TEL suffers from certain methodological challenges which are exacerbated by the sheer ammount of activity involved in the generation of transnational legal norms and regulation.
Emily Webster
wiley   +1 more source

A TWAIL critique of intellectual property and related disputes in investor‐state dispute settlement

The Journal of World Intellectual Property, Volume 25, Issue 1, Page 220-237, March 2022., 2022
Abstract This article analyses intellectual property (IP) disputes in investor‐state dispute settlement (ISDS) through the lenses of Third World approaches to international law (TWAIL) and how a reformist TWAIL approach might be used to address the concerns related to IP‐ISDS disputes. It has three objectives.
Pratyush Nath Upreti
wiley   +1 more source

TWAIL – “Third World Approaches to International Law” and human rights: some considerations

Revista de Investigações Constitucionais, 2018
TWAIL is both a political and intellectual movement and, therefore, has multiple perspectives. While the first academic conference of TWAIL was held at Harvard Law School in March 1997, Third World perspectives of international law are part of a long ...
Larissa Ramina
doaj   +1 more source

Les théories tiers-mondistes du droit international (twail) : Un renouvellement ? [PDF]

, 2008
L’analyse tiers-mondiste du droit international semble connaître un « second souffle » dans la littérature anglophone depuis le milieu des années 90, comme en témoignent les réunions académiques des Third World Approaches to International Law (twail). Si
Gallié, Martin
core   +2 more sources