Cambridge Studies in International and Comparative Law

The Application of the Rule of Exhaustion of Local Remedies in International Law. By A. A. Cançado Trindade. Cambridge Studies in International and Comparative Law, New Series. [Cambridge: Cambridge University Press. 1983. xlv + 443 pp. £30] - Volume 34 Issue 1

State Succession in Municipal Law and International Law. By D. P. O'connell, b.a., ll.m. (n.z.).ph.d. (Cantab.), Professor of International Law in the University of Adelaide. In two Volumes: Volume I: Internal Relations; Volume II: International Relations; Cambridge Studies in International and Comparative Law. [Cambridge: at the University Press. 1967. Volume I: cxi and 592 pp. (with index). Volume II: cxi and 430 pp. (with index). £7 7s. and £6 net.] - Volume 26 Issue 1

Legal Problems of an Enlarged European Community. Edited by M. E. Bathurst, K. R. Simmonds, N. March Hunnings and Jane Welch. British Institute Studies in International and Comparative Law No. 6. The British Institute of International and Comparative Law. [London: Stevens and Sons. 1972. xix and 369 pp. £6.75.] - Volume 21 Issue 4

Expropriation in Public International Law. By ProfessorB. A. Wortley, O.B.E., LL.D. Cambridge Studies in International and Comparative Law. [Cambridge U.P. 1959. xviii and 169 pp. 30s. net.] - Volume 19 Issue 2

Instalment Credit. Edited and with an Introduction by Aubrey L. Diamond, LL.M., Solicitor of the Supreme Court, Professor of Law in the University of London (Queen Mary College). (British Institute Studies in International and Comparative Law No. 4.) [London: Stevens & Sons. 1970. xxiii, 233 and (Index) 5 pp. £4 8s. net.] - Volume 28 Issue 2

Article Omer Aloni, The League of Nations and the Protection of the Environment. (Cambridge Studies in International and Comparative Law, Vol. 159.) Cambridge, Cambridge University Press 2021 was published on June 1, 2022 in the journal Historische Zeitschrift (volume 314, issue 3).

A Note on Government Corporations - Government Enterprise. Edited by Wolfgang Friedmann and J.F. Garner. (British Institute Studies in International and Comparative Law, No. 5) [Stevens & Sons, London, 1970, xii, 341 pp. and index]. - Volume 12 Issue 3

Labour Relations and the Law. A Comparative Study. Edited by Kahn-Freund Otto. British Institute Studies in International and Comparative Law, No. 2. [London: Stevens & Sons. 1965. viii and 282 pp. £8.] - Volume 14 Issue 4

Fundamental Guarantees of the Parties in Civil Litigation: Studies in National, International and Comparative Law. Edited by Mauro Cappelletti and Denis Tallon. (N.Y.: Oceana Publications, 1973. Pp. 821. $25.00.) - Volume 68 Issue 3

INTRODUCTION. International legal policy is a new object in international legal studies, although this phenomenon exists as long as the external relations of States. International legal policy is a rare case of research subject, which remains unexplored. International legal policy as a Concept of State's policy towards legal aspects of international relations was formed in the 80-s of last century. Earlier the questions and their particular aspects now embraced by international legal policy were divided between international lawyers and international relations researchers. However international legal policy is an integral system of State's approaches to international legal matters, therefore its punctual research is relevant only from comparative point of view. It would be interesting to compare States' positions on concrete issues or States' tactics at different stages of realization of international legal norms. This article concerns the question whether comparative studies of international legal policy can be integrated into existing fields of comparative foreign relations law or of comparative research of international law.MATERIALS AND METHODS. The article surveys theoretic questions primarily on the base of doctrinal sources. The retrospective analysis of the comparative method in international law is based on works published by Russian and foreign experts during the XX century. Particular attention is drawn upon works of founders of comparative research in international legal studies. The concept of foreign relations law in the scholarship and practice of the U.S. is researched on the base of national case law, which formulated the principle of executive exceptionalism in State foreign policy. Research work is realized with the use of analysis, synthesis, systematisation, as well as methods of historical and comparative method.RESEARCH RESULTS. The Article consistently reveals meaning and the content of international legal policy as one of the authors of the concept, French lawyer and diplomat G. de Lacharriere, presented it. The Article examines the history of foreign relations law in the U.S. and presents its doctrinal estimations from viewpoint of American constitutional law. The research work specifies different points of view on content of foreign relations law and approaches to its justification. Indeed international legal policy and foreign relations law can be compared as two types of State’s approach to its legal position on the international scene. There are six parameters for comparison: sources, functions, subjects of both concepts, questions on allocation of foreign powers in the State, on relationship between international and national law, on the role of national courts in interpretation and application of international norms. In consideration of “national interest” concept the attribution of international legal policy to international organisations or supranational association is judged as incorrect. The article examines the question of applicability of comparative method in the international law within the discourse among scholars on how differently modern States evaluate international legal norms. Analysis of the tendency to contrasting States’ approaches to the international law encompasses its development from notions “international law of transitional period”, “international legal systems”, to notions “national approach”, “legal style”, “legal culture”. Brief survey of comparative international law gives perspective on diversity of approaches to comparable aspects of the international law. Comparative studies of international legal policy could get consolidated among them.DISCUSSION AND CONCLUSIONS. At first sight the comparative method is hardly applicable to the international law. However the universality of the international law doesn’t exclude variety of approaches to it. The research into international legal policy determined by national interests of every State allows to systemize positions of a State into a single strategy. At the same time comparative method doesn’t only provide classical comparison of States’ positions by issues, but also offers to compare inner-workings of the international legal policy and shaping factors. Nowadays in the context of trends on diversification of international relations (fragmentation, regionalisation), growing popularity of the comparative method translated into comparative foreign relations law and comparative international law. However international legal policy doesn’t correspond with categorial apparatus of comparative foreign relations law. International legal policy is nor able to apply methodological tenets of comparative international law due to its multivalued content. Most likely comparative studies of international legal policy can become a new approach within comparative international law, which should be based on the principles of concreteness and consistency.

Gifts: A Study in Comparative Law provides an erudite analysis of the law of gifts which is impressive in its international scope.A gift is generally thought of as a thing given gratuitously; however, Professor Richard Hyland discusses much wider notions of gifts and gift-giving from historical, anthropological, economic, sociological, philosophical and artistic perspectives.Focusing on gratuitous inter vivos, as well as testamentary, transfers, he examines these transactions in the context of contract, restitution, property, family and succession laws.Hyland's detailed comparative study encompasses not only the common law and several civilian European jurisdictions, 1The book begins with the grand historical drama of the French Revolution, and the story of Marie-Jean Hérault de Séchelles (1759-1794), a young lawyer born into an eminent noble family of the ancien régime.In 1785, at the but also the Roman law and non-European law.His knowledge of languages allows the author not only to translate the relevant law, but also to note semantic, historical and cultural nuances associated with the relevant legal terminology and expression.

Daniella Dam-de Jong’s International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations appears in “Cambridge Studies in International and Comparative Law” series. The book aims to answer three key questions: (1) to what extent does international law provide rules to ensure that natural resource exploitation promotes sustainable development? (2) To what extent do those rules continue to apply in times of armed conflict? And (3) to what extent do the norms developed out of ad hoc mechanisms (such as through United Nations Security Council (UNSC) resolutions) for countries recovering from natural-resource-related armed conflicts contribute to improving natural resource governance in those countries? The analysis is set out in nine chapters, divided into an introduction (Chap. 1), three thematic parts comprising seven chapters, and a concluding chapter (Chap. 9).

Book Reviews : The British Digest of International Law. Vols. 7 & 8. Edited by Clive Parry. Published under the auspices of the International Law Fund. Stevens & Sons, £10 10s. and £7 5s. British International Law Cases. Vols. 3 & 4. British Institute Studies in International and Comparative Law No. I. Edited by Clive Parry. Stevens & Son, London.

Journal Article Full Powers and Ratification: a Study in the Development of Treaty-Making Procedure Get access Full Powers and Ratification: a Study in the Development of Treaty-Making Procedure. By J. Mervyn Jones, Fellow of Gonville and Caius College, Cambridge; sometime Whewell Scholar in International Law in the University of Cambridge. 1946. (London: Cambridge University Press. Cambridge Studies in International and Comparative Law. 8¾″ × 5½″. xv +182 pp. 12s. 6d.) B. A. Wortley B. A. Wortley Search for other works by this author on: Oxford Academic Google Scholar International Affairs, Volume 23, Issue 2, April 1947, Pages 250–251, https://doi.org/10.2307/3018913 Published: 01 April 1947

The Application of the Rule of Exhaustion of Local Remedies in International Law. By A. A. C. Trindade, B.A. (MINAS GERAIS), LL.B., PH.D. (CANTAB.), Professor of International Law at the University of Brasilia and at the Rio Banco Institute; formerly Legal Officer of the United Nations Office at Geneva. (Cambridge Studies in International and Comparative Law: New Series.) [Cambridge: Cambridge University Press. 1983. xi, 412 and (Tables, Bibliography & Index) 31 pp. Hardback £30·00 net.] - Volume 43 Issue 2