Howley Jessica (Legal Officer Former Legal Officer Division For Ocean Affairs And The Law Of The Sea Of The United Nations Office Of Legal Affairs)
Howley Jessica (Legal Officer Former Legal Officer Division For Ocean Affairs And The Law Of The Sea Of The United Nations Office Of Legal Affairs) - Overlapping Individual And Interstate Claims In International Law - Hardcover
Howley Jessica (Legal Officer Former Legal Officer Division For Ocean Affairs And The Law Of The Sea Of The United Nations Office Of Legal Affairs) - Overlapping Individual And Interstate Claims In International Law - Hardcover
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Description: Mechanisms for individuals to bring claims under international law have become increasingly common in recent decades particularly in human rights and investment law. Nonetheless when the International Law Commission codified the law of State responsibility it largely ignored the bringing of international claims by individuals and the relationship between such claims and those brought on the interstate level. Overlapping Individual and Interstate Claims in International Law is the first dedicated monograph examining this relationship - one that is of mounting importance on both a practical and theoretical level. This work provides a comprehensive survey of the potential for overlapping individual and interstate claims to arise. It underlines issues of fairness consistency and interference with autonomy that can result when multiple claimants vie to have their claims determined before different forums. The author analyses in detail how treaty provisions and various rules and principles of international law can be expected to regulate such overlapping claims considering among others the local remedies rule the rule precluding double recovery res judicata waiver and certain circumstances precluding wrongfulness. The book clarifies the nature of international claims including in the theoretically muddled field of diplomatic protection and highlights undertheorized foundations of topical debates concerning the use of countermeasures and self - defence outside of the interstate arena. It concludes with a human rights - oriented proposal for resolving the complex policy issues to which these overlapping claims give rise.
Title: Overlapping Individual And Interstate Claims In International Law
Author(s): Howley Jessica (Legal Officer Former Legal Officer Division For Ocean Affairs And The Law Of The Sea Of The United Nations Office Of Legal Affairs)
Publisher: Oxford University Press
Barcode: 9780192871466
Pages: 384 Pages
Publication Date: 11/11/2024
Series: Oxford Monographs in International Law
Category: International Courts & Procedures
Description: Mechanisms for individuals to bring claims under international law have become increasingly common in recent decades particularly in human rights and investment law. Nonetheless when the International Law Commission codified the law of State responsibility it largely ignored the bringing of international claims by individuals and the relationship between such claims and those brought on the interstate level. Overlapping Individual and Interstate Claims in International Law is the first dedicated monograph examining this relationship - one that is of mounting importance on both a practical and theoretical level. This work provides a comprehensive survey of the potential for overlapping individual and interstate claims to arise. It underlines issues of fairness consistency and interference with autonomy that can result when multiple claimants vie to have their claims determined before different forums. The author analyses in detail how treaty provisions and various rules and principles of international law can be expected to regulate such overlapping claims considering among others the local remedies rule the rule precluding double recovery res judicata waiver and certain circumstances precluding wrongfulness. The book clarifies the nature of international claims including in the theoretically muddled field of diplomatic protection and highlights undertheorized foundations of topical debates concerning the use of countermeasures and self - defence outside of the interstate arena. It concludes with a human rights - oriented proposal for resolving the complex policy issues to which these overlapping claims give rise.
Title: Overlapping Individual And Interstate Claims In International Law
Author(s): Howley Jessica (Legal Officer Former Legal Officer Division For Ocean Affairs And The Law Of The Sea Of The United Nations Office Of Legal Affairs)
Publisher: Oxford University Press
Barcode: 9780192871466
Pages: 384 Pages
Publication Date: 11/11/2024
Series: Oxford Monographs in International Law
Category: International Courts & Procedures
