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Author : Michael Byers
Publisher : Cambridge University Press
Page : 276 pages
File Size : 40,8 Mb
Release : 1999-03-11
Category : Law
ISBN : 0521634083
This book explains the most foundational aspect of international law in international relations terms.
Author : J. Craig Barker
Publisher : Bloomsbury Publishing
Page : 209 pages
File Size : 42,5 Mb
Release : 2000-12-01
Category : Political Science
ISBN : 9781441107275
The disciplines of international law and international relations are inextricably linked. Both are concerned with the activities of states and with predicting how states behave and on what basis.For the international lawyer, however, the key concern is the role of the law. On the other hand, political scientists have traditionally regarded international law with skepticism, if not contempt. In recent years new approaches in both disciplines have seen moves towards greater interdisciplinary collaboration. Indeed, at the start of the twenty-first century, theorists from both disciplines are talking actively about the development of a dual agenda of international law and international relations. This means that students of international relations need increasingly to be familiar with the terminology and methodology of international law.This essential introductory text examines the key concepts in international law with a view to illuminating them in the context of international relations. The first part of the book provides coverage of theoretical issues, addressing questions such as: How does international law work? How is international law made? and To whom does international law apply? The second part examines international law in context, focusing on the role of treaties and customary international law, the role of individuals in international law and the legal control of the use of force. It also uses case-study material including an examination of the Pinochet litigation.
Author : Arianna Whelan
Publisher : Cambridge University Press
Page : 295 pages
File Size : 50,6 Mb
Release : 2023-03-02
Category : Law
ISBN : 9781108987851
There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.
Author : Stephan Hobe,Bernhard Schmidt-Tedd,Kai-Uwe Schrogl
Publisher : BWV Verlag
Page : 779 pages
File Size : 51,9 Mb
Release : 2017-03-28
Category : Astronautics
ISBN : 9783830537717
The 'Cologne Commentary on Space Law' is a three-volume annotation on the written norms of space law as enunciated through the Treaties of the United Nations and its General Assembly Resolutions. Volume I focuses on the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, popularly known as the ?Outer Space Treaty?. A broad international authorship of twenty experts addresses the historical overview and provides a provision by-provision interpretation of the Outer Space Treaty. This Volume also includes insights into the subsequent State practice, present-day applicability and future perspectives of the Treaty. The other four UN Treaties, the 1968 Rescue Agreement, the 1972 Liability Convention, the 1975 Registration Convention and the 1979 Moon Agreement, are addressed in Volume II, which was published in 2013. Volume III (published in 2015) delves into the eight most relevant United Nations General Assembly Resolutions/Principles on space activities. On the occasion of the 50th anniversary of the Outer Space Treaty, Volume I of the 'Cologne Commentary on Space Law' has been translated into Russian.
Author : Hugh Thirlway
Publisher : Oxford University Press
Page : 272 pages
File Size : 46,5 Mb
Release : 2019-04-03
Category : Law
ISBN : 9780192578921
This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.
Author : Claudie Barrat
Publisher : Martinus Nijhoff Publishers
Page : 398 pages
File Size : 40,9 Mb
Release : 2014-07-24
Category : Law
ISBN : 9789004269668
In Status of NGOs in International Humanitarian Law, Claudie Barrat examines the legal framework applicable to NGOs in situations of armed conflict. The author convincingly demonstrates, contrary to convention, that in addition to the ICRC, the National Societies and the IFRC, numerous other NGOs referenced in humanitarian law treaties have a legal status in IHL and therefore legitimate claim to employ IHL provisions to respond to current challenges. On the basis of clear and thorough definitions of these entities, Barrat argues that existing NGOs meeting stringent definition can benefit from customary rights and obligations in both international and non-international armed conflict.
Author : Allen S. Weiner,Duncan B. Hollis,Chimène Keitner
Publisher : Aspen Publishing
Page : 1700 pages
File Size : 55,8 Mb
Release : 2023-06-10
Category : Law
ISBN : 9781543840339
International Law, Eighth Edition, by the deeply experienced authorship team of Allen S. Weiner, Duncan B. Hollis, and Chimène I. Keitner, provides students with a foundational understanding of international law for those required to confront legal problems across borders, including treaties, customary international law, jurisdiction, and the UN system.International Law, Eighth Edition, by the deeply experienced authorship team of Allen S. Weiner, Duncan B. Hollis, and Chimène I. Keitner, provides students with a foundational understanding of international law for those required to confront legal problems across borders, including treaties, customary international law, jurisdiction, and the UN system. International Law, Eighth Edition, offers a comprehensive treatment of contemporary international law, including key recent developments in the field, and provides comprehensive coverage of foundational international law questions faced by practitioners, including the nature and sources of international law, the subjects of international law (states and international organizations), and the jurisdictional powers and immunities of states. Authored by international law professors and leading scholars in the field who also have significant practical experience, the book also addresses key doctrinal topics, with reference to important contemporary foreign policy issues, including (i) international human rights, (ii) the law of the sea, (iii) international environmental law, (iv) the use of force and the law of armed conflict, and (v) international criminal law. New to the Eighth Edition: Detailed treatment of the legal issues arising from Russia’s invasion of Ukraine Vignettes highlighting the operation of international law in other contemporary crises like the COVID-19 pandemic and the Rohingya genocide in Myanmar Deeper comparative treatment of international law principles of jurisdiction and immunity Coverage of major recent international cases including the ICJ’s Advisory Opinion on self-determination (the Separation of the Chagos Archipelago from Mauritius in 1965) and the Dutch Supreme Court case on the international human right to a healthy environment (Netherlands v. Urgenda) Discussion of international law principles governing election interference and other harmful cyber operations Increased diversity of authors and perspectives Professors and students will benefit from: Comprehensive and rigorous treatment of a full range of the most important international issues, crafted in a manner than lends itself to easy customization and adaptable classroom use Thoroughly updated text that includes discussion of important recent legal developments, including important actions by international organizations and decisions by international courts and tribunals along with expert scholarly analysis Presentation of diverse scholarly perspectives of the history and functioning of international law Accessible prose for students new to the topic, along with nuanced analysis for more in-depth discussions
Author : Amanda Perreau-Saussine,James B. Murphy
Publisher : Cambridge University Press
Page : 322 pages
File Size : 44,7 Mb
Release : 2007-05-17
Category : Law
ISBN : 9781139463218
Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Author : Curtis A. Bradley
Publisher : Oxford University Press
Page : 409 pages
File Size : 40,9 Mb
Release : 2020-12-01
Category : Law
ISBN : 9780197525630
International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Author : Michael Byers,Aaron Boley
Publisher : Cambridge University Press
Page : 427 pages
File Size : 43,5 Mb
Release : 2023-04-13
Category : Law
ISBN : 9781108570923
From Space debris to asteroid strikes to anti-satellite weapons, humanity's rapid expansion into Space raises major environmental, safety, and security challenges. In this book, Michael Byers and Aaron Boley, an international lawyer and an astrophysicist, identify and interrogate these challenges and propose actionable solutions. They explore essential questions from, 'How do we ensure all of humanity benefits from the development of Space, and not just the world's richest people?' to 'Is it possible to avoid war in Space?' Byers and Boley explain the essential aspects of Space science, international law, and global governance in a fully transdisciplinary and highly accessible way. Addressing the latest and emerging developments in Space, they equip readers with the knowledge and tools to engage in current and critically important legal, policy, and scientific debates concerning the future development of Space. This title is also available as Open Access on Cambridge Core.
Author : Kasey McCall-Smith,Andrea Birdsall,Elisenda Casanas Adam
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 55,8 Mb
Release : 2020-11-27
Category : Political Science
ISBN : 9781789909890
This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.
Author : Barry E. Carter,Allen S. Weiner,Duncan B. Hollis
Publisher : Aspen Publishing
Page : 1272 pages
File Size : 51,6 Mb
Release : 2018-06-26
Category : Law
ISBN : 9781454892687
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Intended for use in an International Law survey course, International Law, Seventh Edition provides comprehensive coverage of foundational international law questions, including the nature and sources of international law, core doctrinal topics such as the subjects of international law (states and international organizations), and the jurisdictional powers and immunities of states. The book also addresses key substantive topics in international law, with reference to important contemporary foreign policy issues, such as (i) international human rights, (ii) the law of the sea, (iii) international environmental law, (iv) the use of force and the law of armed conflict, and (v) international criminal law. Key Features: New co-author Duncan Hollis of Temple Law School joins Stanford Law School’s Allen Weiner as the active authors of the book. New discussions of major international developments, including the law governing the use of force [e.g., cyber operations and the military campaign against the Islamic State (ISIS)], nonproliferation (e.g., the Iranian and North Korean nuclear crises), the law of the sea (e.g., disputed maritime claims in the South China Sea), and international environmental law (e.g., the conclusion of the Paris Agreement). New case study in Chapter 1 focused on the international response to the rise of ISIS. Inclusion of extended excerpts from a number of major recent Supreme Court decisions related to international law, including Bond v. United States (on fundamental principles of federalism and the treaty power under Article VI of the Constitution), Zivotofsky v. Kerry (on the separation of powers between Congress and the President in the field of foreign affairs), and Kiobel v. Royal Dutch Petroleum Co. (on the Alien Tort Statute). Adopts a modern, conceptual approach to the presentation of materials on statehood (including Palestinian claims to statehood), international organizations, and international dispute resolution.
Author : Irina Buga
Publisher : Oxford University Press
Page : 481 pages
File Size : 42,6 Mb
Release : 2018
Category : Law
ISBN : 9780198787822
This book explores the process of treaty modification by subsequent practice, explaining how such practice can significantly revise treaty obligations or even create new ones, allowing evolution of the law.
Author : Stephen G. Brooks,William C. Wohlforth
Publisher : Princeton University Press
Page : 248 pages
File Size : 52,9 Mb
Release : 2008-07-01
Category : Political Science
ISBN : 140083760X
World Out of Balance is the most comprehensive analysis to date of the constraints on the United States' use of power in pursuit of its security interests. Stephen Brooks and William Wohlforth overturn conventional wisdom by showing that in a unipolar system, where the United States is dominant in the scales of world power, the constraints featured in international relations theory are generally inapplicable. In fact, the authors argue that the U.S. will not soon lose its leadership position; rather, it stands before a twenty-year window of opportunity for reshaping the international system. Although American primacy in the world is unprecedented, analysts routinely stress the limited utility of such preeminence. The authors examine arguments from each of the main international relations theories--realism, institutionalism, constructivism, and liberalism. They also cover the four established external constraints on U.S. security policy--international institutions, economic interdependence, legitimacy, and balancing. The prevailing view is that these external constraints conspire to undermine the value of U.S. primacy, greatly restricting the range of security policies the country can pursue. Brooks and Wohlforth show that, in actuality, the international environment does not tightly constrain U.S. security policy. World Out of Balance underscores the need for an entirely new research agenda to better understand the contours of international politics and the United States' place in the world order.
Author : Catharine Titi
Publisher : Springer Nature
Page : 319 pages
File Size : 50,8 Mb
Release : 2023-05-24
Category : Law
ISBN : 9783031263576
The Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum’s ‘Elgin Collection’. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then. Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, to clarify the new customary international law on the return of cultural property unlawfully removed from its original context. The book, which includes a foreword by Andrew Wallace-Hadrill, is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage.
