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The Oxford Handbook of Jurisdiction in International Law

The Oxford Handbook of Jurisdiction in International Law

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198786146
  • 出版时间 September 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,703.75
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  • 描述 
  • 大纲 
  • 详细

    The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law.

    Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point.

    However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate.

    This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

  • Part I: Introduction
    1: Introduction: Defining State Jurisdiction and Jurisdiction in International Law, Stephen Allen, Daniel Costelloe, Malgosia Fitzmaurice, Paul Gragl, and Edward Guntrip
    Part II: History
    2: The Beginnings of State Jurisdiction in International Law until 1648, Kaius Tuori
    3: The Lotus Case in Context - Sovereignty, Westphalia, Vattel, Positivism
    4: The European Concept of Legal Jurisdiction in the Colonies, Nurfadzilah Yahaya
    5: Immanuel Kant and Jurisdiction in International Law, Stephan Wittich
    Part III: Theory
    6: Navigating Diffuse Jurisdictions: An Intra-State Perspective, Helen Quane
    7: Jurisdictional Pluralism, Paul Schiff Berman
    8: Deepening the Conversation Between Sociolegal Theory and Legal Scholarship About Jurisdiction, Mariana Valverde
    9: Critical Approaches to Jurisdiction and International Law, Shaun McVeigh
    Part IV: General International Law
    10: Cosmopolitan Jurisdiction and the National Interest, Cedric Ryngaert
    11: Jurisdictional Immunities of the State in International Law, Paul Gragl
    12: The Establishment, Change, and Expansion of Jurisdiction through Treaties, Dino Kritsiotis
    13: Territoriality and Globalization, Uta Kohl
    14: Private law Regulation and Private Interests in Public International Law Jurisdiction, Alex Mills
    15: Jurisdiction and State Responsibility, Kimberly Trapp
    16: Enforcing Criminal Jurisdiction in the Clouds and International Law's Enduring Commitment to Territoriality, Stephen Allen
    Part V: Contextualizing Jurisdiction - Substantive and Institutional Issues
    17: The 'J' word: Driver or Spoiler of Change in Human Rights Law?, Wouter Vandehole
    18: International Investment Law, Hybrid Authority and Jurisdiction, Edward Guntrip
    19: Concepts of State Jurisdiction in the Contentious and Advisory Jurisprudence of the International Court of Justice and the Permanent Court of International Justice, Daniel Costelloe
    20: The Evolving Nature of the Jurisdiction of the Security Council - a Look at Twenty-First Century Practice, Georg Kerschischnig and Blanca Montejo
    21: International Criminal Jurisdiction Revisited, Kirsten Schmalenbach
    22: Jurisdiction and International Territorial Administration, James Summers

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