Overlapping Individual and Interstate Claims in International Law

— —

Jessica Howley (Legal Officer, 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

Jessica Howley (Legal Officer, Legal Officer, Division for Ocean Affairs and the Law of the Sea of the United Nations Office of Legal Affairs)

$234.95

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Oxford University Press
17 October 2024

Diplomatic law; Investment treaties & disputes; International human rights law; Responsibility of states & other entities; International courts & procedures

Series: Oxford Monographs in International Law

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.

By: Jessica Howley (Legal Officer Legal Officer Division for Ocean Affairs and the Law of the Sea of the United Nations Office of Legal Affairs)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9780192871466
ISBN 10: 0192871463
Series: Oxford Monographs in International Law
Pages: 432
Publication Date: 17 October 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Dr Jessica Howley holds BCL, MPhil and DPhil degrees from the University of Oxford, where she studied as a Rhodes Scholar, and a BA/LLB from the University of Queensland. She has worked as a Legal Officer at the Division for Ocean Affairs and the Law of the Sea of the United Nations Office of Legal Affairs, as an Associate Legal Officer at the International Court of Justice, and as an Associate to a Justice of the High Court of Australia.