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Between Forbearance and Audacity by Ezgi Yildiz Pdf
Explains why international courts underutilize their power and traces how this impacts international norms through legal and social science-based analyses.
Between Forbearance and Audacity by Ezgi Yildiz Pdf
When international courts are given sweeping powers, why would they ever refuse to use them? The book explains how and when courts employ strategies for institutional survival and resilience: forbearance and audacity, which help them adjust their sovereignty costs to pre-empt and mitigate backlash and political pushback. By systematically analysing almost 2,300 judgements from the European Court of Human Rights from 1967-2016, Ezgi Yildiz traces how these strategies shaped the norm against torture and inhumane or degrading treatment. With expert interviews and a nuanced combination of social science and legal methods, Yildiz innovatively demonstrates what the norm entails, and when and how its contents changed over time. Exploring issues central to public international law and international relations, this interdisciplinary study makes a timely intervention in the debate on international courts, international norms, and legal change. This book is available as Open Access on Cambridge Core.
Language and Legal Interpretation in International Law by Anne Lise Kjaer,Joanna Lam Pdf
Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.
The Many Paths of Change in International Law by Ezgi Yildiz Pdf
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
International Courts versus Non-Compliance Mechanisms by Christina Voigt,Caroline Foster Pdf
This book explores the best mechanisms for helping bring about compliance with international treaties. In recent years, many international treaties have included non-compliance mechanisms (NCMs) to facilitate implementation and promote parties' compliance with their obligations. These NCMs exist alongside the formal dispute resolution processes of international courts and tribunals. The authors bring together a wide legal and geographical spectrum of views from different parts of the world representing novel insights into NCMs' contribution to treaty implementation and compliance. The research has cast important light on how procedural innovations may help render NCMs more effective, as well as on the circumstances in which they may be needed, including particularly where nations share common interests, populations are interdependent, and implementation makes significant administrative, regulatory and political demands. This title is also available as Open Access on Cambridge Core.
Author : Carsten Hjort Lange Publisher : Walter de Gruyter GmbH & Co KG Page : 299 pages File Size : 40,6 Mb Release : 2024-01-29 Category : History ISBN : 9783111335278
The second century BCE was a time of prolonged debate at Rome about the changing nature of warfare. From the outbreak of the Second Punic War in 218 to Rome’s first civil war in 88 BCE, warfare shifted from the struggle against a great external enemy to a conflict against internal parties. This book argues that Rome’s Italian subjects were central to this development: having rebelled and defected to Hannibal at the end of the third century, the allies again rebelled in 91 BCE, with significant consequences for Roman thought about warfare as such. These "rebellions" constituted an Italian renewal of the war against their old conqueror, Rome, and an internal war within the polity. Accordingly, we need to add 'internal war' to the already well-established dichotomy of foreign and civil war. This fresh analysis of the second century demonstrates that the Roman experience of internal war during this period provided the natural stepping-stone in the invention of civil war as such. It conceives of the period from the Second Punic War onward as an 'antebellum' period to the later civil war(s) of the Late Republic, during which contemporary observers looked back at the last 'great war' against Hannibal in preparation for the next conflict.
Secret history of the court of England, from the accession of George the third to the death of George the fourth, by lady A. Hamilton. Repr by lady Anne Hamilton Pdf
The Extraterritoriality of Law by Daniel S. Margolies,Umut Özsu,Maïa Pal,Ntina Tzouvala Pdf
Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.
Bahá'í Ethics in Light of Scripture: Virtues and divine commandments by Udo Schaefer Pdf
There is a fundamental discrepancy between man as he is and man as he could be, if only he recognized his true being and purpose. Ethics is the discipline by which man can understand how he can pass from the first condition to the second. Udo Schaefer's Baha'i Ethics in Light of Scripture is an attempt to analyse the underlying structures and detect the interior architecture of the Baha'i moral system and is a step towards developing a Baha'i moral theology. Doctrinal Fundamentals, the first of two volumes, provides a historical overview of the Baha'i Faith, a systematic survey of it doctrines and an overview of the origin and derivation of moral values. It considers the metaphysical nature of human beings and human responsibilities, looks at reason and conscience, and explores liberty and its limits. Schaefer's second volume deals with concrete values - the virtues, divine commandments and principles of social ethics from a Baha'i perspective."
The Unique Necklace by Aḥmad ibn Muḥammad Ibn ʻAbd Rabbih Pdf
An English translation of "Al-Iqd al-Farid", which is one of the classics of Arabic literature. Compiled in several volumes by an Andalusian scholar and poet named Ibn Abd Rabbih (246-328 H/860-940 CE), it is a mine of information about various elements of Arab culture and letters during the four centuries before his death.