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Environmental Protection and Transitions from Conflict to Peace

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ISBN: 9780198784630 Year: Pages: 512 DOI: 10.1093/oso/9780198784630.001.0001 Language: English
Publisher: Oxford University Press
Subject: Law --- Political Science
Added to DOAB on : 2017-12-05 11:02:27
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This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. The volume brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key legal considerations related to normative frameworks (e.g. international environmental law, international humanitarian law, transitional justice, and human rights), the treatment of substantive principles (e.g. proportionality under jus in bello and jus post bellum, environmental integrity), ‘shared responsibility’, and accountability mechanisms for environmental damage. By providing a comprehensive and in-depth analysis of environmental protection and natural resource management during the transition to peace, the volume reveals strong links between the peace-orientation of jus post bellum and environmental principles, such as intergenerational equity and precaution. There is a great deal of work to do to ensure greater protection of the environment before, during, and after conflict. It remains a challenge to align protection with the political interest of states, and the increasing involvement of non-state actors in armed conflict. This volume marks a starting point for an urgently needed space for states, international organizations, and civil society to discuss, and debate conflict and the environment. By engaging with the International Law Commission’s 2016 Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, the volume adds clarity to the law and momentum to the development of the law in this important area.

Applicable Law in Investor-State Arbitration

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Book Series: Oxford monographs in international law ISBN: 9780199656950 Year: Pages: 343 DOI: 10.1093/acprof:oso/9780199656950.001.0001 Language: English
Publisher: Oxford University Press Grant: OAPEN-UK
Subject: Law
Added to DOAB on : 2013-09-21 22:37:44
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This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.

The Roots of Verbal Meaning

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Book Series: Oxford Studies in Theoretical Linguistics ISBN: 9780198855781 Year: Pages: 288 DOI: 10.1093/oso/9780198855781.003.0001 Language: English
Publisher: Oxford University Press Grant: University Of Manchester
Subject: Linguistics
Added to DOAB on : 2020-03-29 11:21:06
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This book explores possible and impossible word meanings, with a specific focus on the meanings of verbs. It adopts the now common view that verb meanings consist at least partly of an event structure, made up of an event template describing the verb’s broad temporal and causal contours that occurs across lots of verbs and groups them into semantic and grammatical classes, plus an idiosyncratic root describing specific, real world states and actions that distinguish verbs with the same template. While much work has focused on templates, less work has addressed the truth conditional contributions of roots, despite the importance of a theory of root meaning in fully defining the predictions event structural approaches make. This book addresses this lacuna, exploring two previously proposed constraints on root meaning: The Bifurcation Thesis of Roots, whereby roots never introduce the meanings introduced by templates, and Manner/Result Complementarity, which has as a component that roots can describe either a manner or a result state but never both at the same time. Two extended case studies, on change-of-state verbs and ditransitive verbs of caused possession, show that neither hypothesis holds, and that ultimately there may be no constraints on what a root can mean. Nonetheless, the book argues that event structures still have predictive value, and it presents a new theory of possible root meanings and how they interact with event templates that produces a new typology of possible verbs, albeit one where not just templates but also roots determine systematic semantic and grammatical properties.

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