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Assessing The Effectiveness Of International Courts

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Assessing the Effectiveness of International Courts

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Assessing the Effectiveness of International Courts by Yuval Shany Book Summary:

During the last twenty years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.

Selecting Europe's Judges

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Selecting Europe's Judges by Michal Bobek Book Summary:

The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organizations, or vertically, between the respective organization and its Member States? Above all, has the spree of 'judicial comitology' as currently practiced a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.

Increasing the Effectiveness of the International Court of Justice

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Increasing the Effectiveness of the International Court of Justice by Connie Peck,Roy S. K. Lee,Roy S. Lee Book Summary:

In April 1996 the ICJ/UNITAR "Colloquium on Increasing the Effectiveness of the Court" brought together from all corners of the world judges, legal advisers, practitioners of international law and jurists. It provided an unprecedented opportunity for an in-depth and detailed exchange of views not only on the Court's performance to date, but also on its future role, as well as on possible ways and means of enhancing its operation. There were some fifteen panels, covering subjects ranging from the Court's jurisprudence to its working methods, from assessment of its achievements to evaluation of its ability to handle issues arising from space exploration and the growing concern for the environment. All in all, it was a most comprehensive approach to the subject. This publication, which presents the papers delivered at the Colloquium and the discussions which took place around them, accordingly constitutes instructive reading for all who are concerned with the management and peaceful resolution of disputes. I hope for its widest possible dissemination.' "From the Foreword by Kofi A. Annan, Secretary-General of the United Nations,"

The Oxford Handbook of International Adjudication

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The Oxford Handbook of International Adjudication by Cesare Romano,Karen Alter,Yuval Shany Book Summary:

This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.

The World Court Reference Guide and Case-Law Digest

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The World Court Reference Guide and Case-Law Digest by Bimal Patel Book Summary:

A single-volume comprehensive and systematic overview of procedural and organisational aspects of the jurisprudence of the World Court 2001 to 2010 - evolution of history of cases and advisory opinions; analytical trends on duration of cases, case-law digest of legal maxims and extracts from 1992-2010.

Dickinson journal of international law

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Dickinson journal of international law by N.A Book Summary:

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Legitimacy and International Courts

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Legitimacy and International Courts by Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein Book Summary:

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Negotiations in the Case Law of the International Court of Justice

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Negotiations in the Case Law of the International Court of Justice by Professor Karel Wellens Book Summary:

This book presents a detailed and critical analysis of the case law of the International Court of Justice through the prism of a functional analysis between negotiations and the judicial settlement of disputes. The focus is thus not on the merits of each individual case, but on its contribution to and clarification of this functional interplay. The systematic analysis of the case law leads the way for more detailed discussion and debate.

International Criminal Law

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International Criminal Law by N.A Book Summary:

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From Soviet to Russian International Law

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From Soviet to Russian International Law by George Ginsburgs Book Summary:

Russia's international law persona is still in its infancy and it will take a while for the cycle to run its full course. However, significant changes have already occurred in some areas, thus offering an opportunity to analyze the trends here and track the process of emergence of successor doctrines and practices destined to replace the Soviet heritage. The quartet of topics selected for treatment in this volume - the relationship between international and domestic law; citizenship and state succession; the Sino-Russian boundary problem; and cooperation with China in policing crime - illustrates major shifts in Russia's international law policy in a bid to shed the corset of Communist ideology and the old regime's "modus operandi" and join the international community's mainstream culture. The test cases also attest to the difficulties encountered in the process of transition and show that progress on this front has by no means been uniform. The sample includes both instances where the break with the past looks quite pronounced and where greater distancing from precedent might logically have been expected, but, for reasons that are then explored, a sense of substantive continuity instead prevails, albeit made more palatable by an application of linguistic cosmetics. "From Soviet to Russian International Law: Studies in Continuity and" "Change" marks the occasion of the author's 65th birthday and the 40th anniversary of his publishing debut.

International Human Rights Law and Domestic Violence

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International Human Rights Law and Domestic Violence by Ronagh J.A. McQuigg Book Summary:

This book examines the effectiveness of international human rights law, through the case study of domestic violence. This book asks whether international human rights law can only be effective in ‘traditional’ cases of human rights abuse or whether it can rise to the challenge of being used in relation to such an issue as domestic violence? The book focuses primarily on the question of how international human rights law could be used in relation to domestic violence in the United Kingdom. The book considers recent case law from the European Court of Human Rights on domestic violence and whether the UK courts could use the Human Rights Act 1998 to assist victims of domestic violence. The book goes on to look in detail at the statements of the international human rights bodies on domestic violence, with particular focus on those made by the United Nations Committee on the Elimination of Discrimination against Women and the Special Rapporteur on Violence against Women. The book explores the impact that the statements have had so far on the UK government’s policy in relation to domestic violence

Can the United Nations Human Rights Committee Evolve into an Effective ‘Court’ of Human Rights?

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Can the United Nations Human Rights Committee Evolve into an Effective ‘Court’ of Human Rights? by Frederic Bostedt Book Summary:

Master's Thesis from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: A, Victoria University of Wellington (Victoria Law School), course: International Law, 60 entries in the bibliography, language: English, abstract: The United Nations Human Rights Committee, established under the International Covenant of Civil and Political Rights, has the power to examine individual complaints on alleged human rights violations. It is noted, however, that the Committee lacks important powers to be as effective as the regional human rights courts in Europe and the Americas. The paper assesses the effectiveness of the Committee by means of a comparative analysis. The comparison takes place within four criteria that are essential in an assessment of a court’s effectiveness: the visibility of the court in the public domain, the adoption of interim measures to hinder the aggravation of the violation, the fact-finding capacity of the court, and the enforcement of the final decisions and the follow-ups thereto. The paper argues that despite the statutory deficiencies of the Covenant and the Optional Protocol, the Committee can be as effective as the regional courts even without an amendment to these instruments. This would be possible if the Committee successfully argues for a binding nature of its interim measures; further, it can overcome the lack of its independent fact-finding capacity through a – thoroughly argued – reversal of burden of proof. If it could also augment its own visibility and the publicity of its decisions, the Committee will finally enhance states’ compliance with its final, non-legally binding ‘views’. The Committee may welll be able to become as effective as the regional courts of human rights, and could in fact evolve into an effective ‘court’ of human rights on a global level.

International Perspectives on the Assessment and Treatment of Sexual Offenders

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International Perspectives on the Assessment and Treatment of Sexual Offenders by Dr Douglas P. Boer,Dr Reinhard Eher,Dr Leam A. Craig,Dr Michael H. Miner,Dr Friedemann Pfäfflin Book Summary:

International Perspectives on the Assessment and Treatment of Sexual Offenders: Theory, Practice and Research provides the first truly global perspective on the assessment and treatment of sex offenders. Presents a comprehensive overview of current theories and practices relating to the assessment and treatment of sex offenders throughout the world, including the US, Europe, and Australasia Covers all the major developments in the areas of risk assessment, treatment, and management Includes chapters written by internationally respected practitioners and researchers experienced in working with sexual offenders such as Bill Marshall, Ruth Mann, Karl Hanson and Jayson Ware

The Politics of Trade and Tobacco Control

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The Politics of Trade and Tobacco Control by H. Jarman Book Summary:

This book uses the concept of political conflict to examine the effects of globalization on tobacco control policies. Analyzing a range of challenges to policies enacted by Australia, Canada, the United States, the European Union and Uruguay, the book examines how the global trading system has narrowed the scope of conflicts over tobacco control.

The African Human Rights System, Activist Forces and International Institutions

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The African Human Rights System, Activist Forces and International Institutions by Obiora Chinedu Okafor Book Summary:

This 2007 book draws from and builds upon many of the more traditional approaches to the study of international human rights institutions (IHIs), especially quasi-constructivism. The author reveals some of the ways in which many such domestic deployments of the African system have been brokered or facilitated by local activist forces, such as human rights NGOs, labour unions, women's groups, independent journalists, dissident politicians, and activist judges. In the end, the book exposes and reflects upon the inherent inability of the dominant compliance-focused model to adequately capture the range of other ways - apart from via state compliance - in which the domestic invocation of IHIs like the African system can contribute - albeit to a modest extent - to the pro-human rights alterations that can sometimes occur in the self-understandings, conceptions of interest or senses of appropriateness held within key domestic institutions within states.

Selecting International Judges

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Selecting International Judges by Ruth Mackenzie Book Summary:

International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.

The Performance of International Courts and Tribunals

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The Performance of International Courts and Tribunals by Theresa Squatrito,Oran Young,Andreas Follesdal,Geir Ulfstein Book Summary:

Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

Foreign Law in English Courts

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Foreign Law in English Courts by Richard Fentiman Book Summary:

The pleading and proof of foreign law are often treated as atters of peripheral importance. But, in reality, how foreign law is established, and whether is must be established at all, are central issues in private international law. Whether litigants are free to ignore the foreign elementsin a dispute goes to the heart of the conflicts process, and without effective means to establish foreign law the very purpose of that process is subverted. Such issues give rise to particular problems in English law. It is often unclear whether the rules for choice of law are mandatory, andwhether the application of foreign law is therefore required. The cost and uncertainty of establishing foreign law may also affect how cases are argued and decided, and may discourage litigants from suing at all. This book, the first to examine the topic from the perspective of English law, offersa radical reappraisal of a long-neglected subject. Fentiman argues that the law is both more complex, and more defensible, than had previously been supposed. He provides a practical guide to the subject and in so doing presents the conflict of laws in a way which is both novel and illuminating. Thebook will be recognised by practitioners and scholars alike as a welcome addition to the series of Oxford Monographs in Private International Law.

Encyclopaedia of Occupational Health and Safety

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Encyclopaedia of Occupational Health and Safety by International Labour Office Book Summary:

Developed through an extensive process of consultation with leading professionals and health and safety institutions worldwide, the new, expanded, and long-awaited Fourth Edition of this well-respected reference provides comprehensive, timely, and accurate coverage of occupational health and safety. Aimed at the specialist and non-specialist alike, such as lawyers, doctors, nurses, engineers, toxicologists, regulators, and other safety professionals, this compendium is organized and designed to provide the most critical information in an easy-to-read format. It uses more than 1,000 illustrations, a new attractive layout, and provides thousands of cited references that provide up-to-date literature reviews. Indexes by subject, chemical name, and author make navigating through information quick and easy. The CD-ROM version includes the same information as the print volumes, plus the benefit of a powerful search and retrieval engine to make searching for information as easy as a mouse click. Here's a sampling of what's covered in each volume and the CD-ROM: Volume 1: The body, health care, management and policy, tools and approaches Volume 2: Psychological and organizational factors, hazards, the environment, accidents, and safety Volume 3: Chemicals, industries and occupations Volume 4: Index by subject, chemical name, author, cross-reference guide, directory of contributors.

Assessing the Effectiveness of National Human Rights Institutions

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Assessing the Effectiveness of National Human Rights Institutions by N.A Book Summary:

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The Law and Practice of the International Court of Justice (1945-1996)

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The Law and Practice of the International Court of Justice (1945-1996) by Gbenga Oduntan Book Summary:

The author traces the problems and developments of the International Court of Justice since its inception in 1945, when the UN charter was signed. He offers a brief history of the court and its antecedent, the Permanent Court of Justice, and the practical application of the rules and statutes of the International Court of Justice. There are individual chapters on: international disputes; the contentious jurisdiction of the ICJ; the problem of reservations to the court's jurisdiction under the optional clause; the advisory jurisdiction of the world court, a statistical evaluation of the court's work in its first fifty years; an overview of the court's jurisprdence; and problems of the court and alternative futures.

Dealing with Private Debt Distress in the Wake of the European Financial Crisis A Review of the Economics and Legal Toolbox

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Dealing with Private Debt Distress in the Wake of the European Financial Crisis A Review of the Economics and Legal Toolbox by Ms. Yan Liu,Mr. Christoph B. Rosenberg Book Summary:

The private non-financial sector in Europe is facing increased challenges in meeting its debt servicing obligation. In response, governments are revisiting legal tools and—in some cases—institutional arrangements to deal with over-indebtedness. For households, where the problem in some countries is large but no established best practice exists, reforms have generally sought to allow debtors a fresh start while minimizing moral hazard and preserving bank solvency and credit discipline. For the corporate sector, efforts have focused on facilitating debt restruturing (including through out of court mechanisms). Direct government intervention has been rare.

Resolving Claims to Self-Determination

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Resolving Claims to Self-Determination by Andrew Coleman Book Summary:

Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.

The International Criminal Court and Peace Processes

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The International Criminal Court and Peace Processes by Linus Nnabuike Malu Book Summary:

This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Cȏte d’Ivoire, Kenya and Uganda. It examines how the prosecution of those who bear the greatest responsibility for crimes committed in these countries may have negatively or positively influenced the process of making peace in their wake. It is concerned with how international accountability affects post-conflict countries and what the ICC brings to peace processes. The central question addressed by the book is whether justice spurs peace in post- conflict societies or whether justice complicates the peace process. If so, how? Relying on qualitative studies in these countries, this book comparatively analyses the impact of the interventions of the ICC in Uganda (2004), Kenya (after the 2007/2008 post-election violence), and Cȏte d’Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in these countries influences the processes of promoting peace. To gauge this, Malu develops an analytical framework which is based on four variables: deterrence, victims’ rights, reconciliation and accountability to the law. This book will appeal to those interested in post-conflict reconstruction, transitional justice, peace studies, conflict transformation, and international criminal law, including peace practitioners and those working in the field of international justice.

Human Rights Law Journal

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Human Rights Law Journal by N.A Book Summary:

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International Law Reports

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International Law Reports by C. J. Greenwood Book Summary:

International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.

The Dalhousie Review

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The Dalhousie Review by N.A Book Summary:

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Transitional Justice in Rwanda

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Transitional Justice in Rwanda by Gerald Gahima Book Summary:

Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.

Deference to the Legislature in WTO Challenges to Legislation

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Deference to the Legislature in WTO Challenges to Legislation by Daniel Lovric Book Summary:

Challenges to domestic legislation before international tribunals are a growing phenomenon in public international law. Consequently, in the field of global trade, the degree of deference given by WTO tribunals to domestic legislatures in challenges to their legislation is an area of increasing importance to practitioners, government officials and academics. This timely work takes a new perspective on the way domestic law is treated at the international level. Using techniques of domestic constitutional law, it examines how international tribunals have treated challenges to legislation. The particular focus is WTO tribunals, but the book also draws on experiences from other international adjudicators, such as the European Court of Human Rights. Drawing from these examples, the author examines how international tribunals have (or have not) deferred to the opinions of the domestic legislature, and the legal techniques they've used in doing so. The treatment is detailed and comprehensive, contrasting and summarizing the relevant WTO case law.

International Banking Regulation:Law, Policy and Practice

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International Banking Regulation:Law, Policy and Practice by George Walker Book Summary:

This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response.

Darfur

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Darfur by Great Britain: Parliament: House of Commons: International Development Committee Book Summary:

The Committee has continued to investigate the Darfur situation since its report in March 2005 (HC 67-I, 5th report of session 2004-05, ISBN 0215023420) and the Government's response (Cm. 6576, ISBN 0101657625). The reported decline in attacks is due, the Committee believes, to de facto ethnic cleansing having succeeded. The consequent increase in the number of people dependent upon humanitarian aid is a concern, especially as the ability of aid agencies to deliver assistance has been seriously affected by banditry and violence. The Committee finds that the Sudan government has not done enough to stop the violence, and should have sanctions imposed on it by the United Nations (UN) until it does so. It also questions the effectiveness of the African Union (AU) force trying to prevent the violence. Its funding is insufficient, and its manpower under strength. The UN Millennium Review Summit declared a responsibility to protect the civilians in Darfur, and the Committee feels that that responsibility should be adopted by all UN members, not just neighbouring African ones. It calls on the UK Government to take action to put resources in place, either through the UN or the AU, to ensure effective protection for people in Darfur.

The Little Data Book on Africa 2006

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The Little Data Book on Africa 2006 by World Bank Book Summary:

A pocket-sized reference on key development data for over 50 countries in Africa, this book provides profiles of each country with 54 development indicators about people, environment, economy, technology, infrastructure, trade and finance. A must have for anyone interested in today's development challenges in sub-Saharan Africa.

International Law: The law of peace, pts.7-8

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International Law: The law of peace, pts.7-8 by Hersch Lauterpacht Book Summary:

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The Functions of International Law

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The Functions of International Law by William D. Coplin Book Summary:

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