TL;DR: In many issue-areas, the world is witnessing a move to law as mentioned in this paper, as governments and individuals faced the following international legal actions: the European Court of Human Rights ruled that Britain's ban on homosexuals in the armed forces violates the right to privacy, contravening Article 8 of the European Convention on Human Rights.
Abstract: In many issue-areas, the world is witnessing a move to law. As the century turned, governments and individuals faced the following international legal actions. The European Court of Human Rights ruled that Britain's ban on homosexuals in the armed forces violates the right to privacy, contravening Article 8 of the European Convention on Human Rights. The International Criminal Tribunal for the Former Yugoslavia indicted Yugoslav president Slobodan Milosevic during a NATO bombing campaign to force Yugoslav forces out of Kosovo. Milosevic remains in place in Belgrade, but Austrian police, bearing a secret indictment from the International Criminal Tribunal, arrested a Bosnian Serb general who was attending a conference in Vienna. In economic affairs the World Trade Organization (WTO) Appellate Body found in favor of the United States and against the European Union (EU) regarding European discrimination against certain Latin American banana exporters. A U.S. district court upheld the constitutionality of the North American Free Trade Agreement (NAFTA) against claims that its dispute-resolution provisions violated U. S. sovereignty. In a notable environmental judgment, the new Law of the Sea Tribunal ordered the Japanese to cease all fishing for southern bluefin tuna for the rest of the year.
TL;DR: In this article, the authors present an economic analysis of the law of evidence, the body of rules that determines what, and how, information may be provided to a legal tribunal that must resolve a factual dispute.
Abstract: The law of evidence is the body of rules that determines what, and how, information may be provided to a legal tribunal that must resolve a factual dispute. The importance of the accurate resolution of such disputes to an economically efficient system of law has been discussed at length, but the economic literature dealing with the rules themselves is scanty in relation to the scope and importance of evidence law. This article is the first comprehensive (though it is neither exhaustive nor definitive) economic analysis of that law. It is in three parts. The first part proposes and elaborates an economic model (actually two models, a search model and a cost minimization model) of evidence. The second part examines the basic structure and structural rules of the evidence-gathering process; it includes an economic comparison between the "inquisitorial" and "adversarial" systems of justice and an analysis of issues relating to burden of proof. The third part is an economic appraisal of salient provisions of the Federal Rules of Evidence, the most influential American codification of such rules; it also takes up some issues of evidentiary privilege and exclusion that the rules do not deal with explicitly.
TL;DR: The fourth edition of this leading textbook as discussed by the authors provides readers with comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style, introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law.
Abstract: Written by a team of international lawyers with extensive academic and practical experience of international criminal law, the fourth edition of this leading textbook offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style. Introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law, this book engages with critical questions, political and moral challenges, and alternatives to international justice. Suitable for undergraduate and postgraduate students, academics and practitioners in the field, and cited by the International Criminal Tribunal for Yugoslavia, the International Criminal Court, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the highest courts in domestic systems, this book is a must-read for anyone interested in learning more about international criminal law.
TL;DR: In this paper, the fundamental nature and structure of international commercial arbitration is analyzed, including the role, rights and duties of the arbitral tribunal and the selection and appointment of arbitrators.
Abstract: In particular, the treatise - Analyses the fundamental nature and structure of international commercial arbitration; - Examines the role, rights and duties of the arbitral tribunal and the selection and appointment of arbitrators; - Assesses the role and reviews the processes of the main international arbitral institutions; - Contains a comprehensive review of the procedure from commencement to termination; - Looks at the taking of evidence and the granting provisional measures, and assesses the on-going role of state courts in the arbitral process; - Includes comprehensive commentary on institutional and international rules of arbitration, as well as ad hoc arbitration; - Discusses in detail issues of applicable law, including the application and role of general principles of law, the lex mercatoria and the relevance of extra-legal standards; and - Contains appendices which include the text of international arbitration rules, arbitration laws and relevant international convention as well as comparative tables and indices The book is based on the authors' experience in teaching practitioners and students from different legal backgrounds worldwide, as well as in arbitration practice Accordingly, it will be of particular assistance to practitioners, graduate students, and in-house counsel of international trade law, international litigation and commercial arbitration, as well as academics and libraries
TL;DR: The seminal textbook on the law of international armed conflict as discussed by the authors has been thoroughly revised and updated, taking into account new developments in combat, numerous recent judicial cases (especially decisions rendered by the International Criminal Tribunal for the Former Yugoslavia), as well as topical studies and instruments.
Abstract: This is the seminal textbook on the law of international armed conflict, written by a leading commentator on the subject. The second edition has been thoroughly revised and updated, taking into account new developments in combat, numerous recent judicial cases (especially decisions rendered by the International Criminal Tribunal for the Former Yugoslavia), as well as topical studies and instruments. The text clarifies complex issues, offering solutions to practical combat dilemmas that have emerged in present-day battlefield situations. Several current (and controversial) subjects are examined in depth, including direct participation in hostilities, human shields, and air and missile warfare. Useful definitions and explanations have been added, making intricate problems easier to comprehend. The book is designed not only for students of international law, but also as a tool for the instruction of military officers.