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· 분류 : 외국도서 > 법률 > 국제법
· ISBN : 9781849461450
· 쪽수 : 344쪽
· 출판일 : 2011-03-21
목차
1 The International Law and Policy of Multi-Sourced Equivalent Norms Tomer Broude and Yuval Shany PART I MSENS AND THE FRAGMENTATION OF INTERNATIONAL LAW 2 Conflict of Norms or Conflict of Laws? Different Techniques in the Fragmentation of International Law Ralf Michaels and Joost Pauwelyn 3 The Power of Secondary Rules to Connect the International and National Legal Orders Andre Nollkaemper 4 Multi-Sourced Equivalent Norms from the Standpoint of Governments Erik Denters and Tarcisio Gazzini PART II MSENS IN JUDICIAL PRACTICE 5 Interpreting Multi-Sourced Equivalent Norms: Judicial Borrowing in International Courts Benedikt Pirker 6 Jurisdictions and Applicable Law Clauses: Where does a Tribunal find the Principal Norms Applicable to the Case before it? Lorand Bartels 7 The OSPAR Convention, the Aarhus Convention and EC Law: Normative and Institutional Fragmentation on the Right of Access to Environmental Information Nikolaos Lavranos 8 EU Review of UN Anti-Terror Sanctions: Judicial Juggling in a Four-Layer, Multi-Sourced, Equivalent-Norms Scenario Guy Harpaz PART III MSENS IN SPECIFIC NORMATIVE AND INSTITUTIONAL CONTEXTS 9 The Interaction between International Investment Law and Human Rights Treaties: A Sociological Perspective Moshe Hirsch 10 Delineating Primary and Secondary Rules on Necessity at International Law Jurgen Kurtz 11 Equivalent Primary Rules and Differential Secondary Rules: Countermeasures in WTO and Investment Protection Law Martins Paparinskis 12 Multi-Sourced Equivalent Norms and the Legitimacy of Indigenous Peoples' Rights under International Law Claire Charters 13 Multi-Sourced Equivalent Norms: Concluding Thoughts Robert Howse