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Author : Antonio Cassese,Joseph H. H. Weiler
Publisher : Walter de Gruyter
Page : 225 pages
File Size : 49,8 Mb
Release : 2010-10-13
Category : Law
ISBN : 9783110892673
Change and Stability in International Law-Making.
Author : Russell Buchan,Nicholas Tsagourias
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 46,6 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781786439925
This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.
Author : Anthony Cassimatis
Publisher : Martinus Nijhoff Publishers
Page : 517 pages
File Size : 49,8 Mb
Release : 2007
Category : Political Science
ISBN : 9789004163423
When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade "and" ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.
Author : Anonim
Publisher : Unknown
Page : 472 pages
File Size : 42,9 Mb
Release : 1998
Category : International law
ISBN : UOM:39015042761570
This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.
Author : United Nations
Publisher : United Nations
Page : 172 pages
File Size : 53,5 Mb
Release : 2019-12-18
Category : Political Science
ISBN : 9789210472067
The International Law Commission was established in 1947 with a view to carrying out the responsibility of the General Assembly, under article 13(1)(a) of the Charter of the United Nations, to initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification. Since its first session in 1949, the Commission has considered a wide-range of topics of international law and made a number of proposals for its codification and progressive development, some of which have served as the basis for the subsequent adoption of major multilateral treaties. The Yearbook of the International Law Commission contains the official records of the Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part One) reproduces the edited versions of the official documents considered by the Commission at the respective annual session.
Author : Noora Arajärvi
Publisher : Routledge
Page : 209 pages
File Size : 54,8 Mb
Release : 2014-04-24
Category : Law
ISBN : 9781134067343
This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.
Author : Catherine Brölmann,Yannick Radi
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 47,9 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781781953228
The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.
Author : Stephen Tully
Publisher : BRILL
Page : 529 pages
File Size : 47,5 Mb
Release : 2007
Category : Law
ISBN : 9781571053725
The classical model of international lawmaking posits governments as exclusively authoritative actors. However, commercially-oriented entities have long been protagonists within the prevailing international legal order, concluding contracts and resolving disputes with governments. Is the international legal personality of corporations undergoing further qualitative transformations ? Corporations influence the State practice constitutive of custom and create, refashion or challenge normative rules. The corporate willingness to fill legal lacunae where governments do not exercise their full regulatory responsibility is also observable through resort to alternative legal mechanisms. Corporations moreover contribute directly to treaty negotiations and occupy crucial roles during subsequent implementation. Indeed, an analysis of the access conditions and participatory modalities for non-State actors could support a right to participate under common international procedural law. Their substantive contributions are also evident when corporations participate in enforcing international law against governments through national courts, diplomatic protection (including the WTO) and arbitration (including NAFTA). However, the practice of intergovernmental organizations reveals several challenges including managing corporate interaction with developing country governments and other non-State actors. Acknowledging corporate contributions also has important implications for national regulatory autonomy, the ability of governments to mediate contested policy issues, the democratic legitimacy of the contemporary lawmaking process and an understanding of consent as the underlying basis for international law.
Author : Omri Sender
Publisher : Cambridge University Press
Page : 313 pages
File Size : 53,8 Mb
Release : 2024-06-30
Category : Law
ISBN : 9781009354325
Provides an unparalleled account of the relationship between two central organs of the international legal order and its impact.
Author : Christina Voigt
Publisher : BRILL
Page : 452 pages
File Size : 44,8 Mb
Release : 2008-12-17
Category : Law
ISBN : 9789004180765
This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law.
Author : Rozemarijn J. Roland Holst
Publisher : BRILL
Page : 371 pages
File Size : 55,9 Mb
Release : 2022-02-28
Category : Law
ISBN : 9789004508552
This book provides new insights into how change occurs in international law, through a uniquely comprehensive analysis of the mechanisms that allow the 'old' treaty-framework of the UN Convention on the Law of the Sea to respond to changing circumstances.
Author : Ezgi Yildiz
Publisher : Oxford University Press
Page : 401 pages
File Size : 51,7 Mb
Release : 2024-02-16
Category : Law
ISBN : 9780198877844
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.
Author : Dhokalia
Publisher : Martinus Nijhoff Publishers
Page : 411 pages
File Size : 44,5 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004637870
The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of `International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a `new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.
Author : Jutta Brunnée,Stephen J. Toope
Publisher : Cambridge University Press
Page : 128 pages
File Size : 54,8 Mb
Release : 2010-08-05
Category : Law
ISBN : 9781139491471
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Author : Barbara Woodward
Publisher : BRILL
Page : 631 pages
File Size : 41,8 Mb
Release : 2010-05-17
Category : Law
ISBN : 9789004185821
Drawing upon ‘global governance,’ ‘global civil society’ (GCS) and ‘international lawmaking’ scholarship and presenting studies of GCS practice in international lawmaking processes, including treaty-making, conferences, international organisations and adjudicatory mechanisms, this book comprehensively re-evaluates GCS’s role in public international lawmaking.
