Enforcement Mechanisms And Their Effects On International Law

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Enforcement mechanisms and their effects on international law

Yasmeen Muyano
Enforcement mechanisms and their effects on international law Book PDF

Author : Yasmeen Muyano
Publisher : GRIN Verlag
Page : 8 pages
File Size : 42,8 Mb
Release : 2019-06-26
Category : Law
ISBN : 9783668967007

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Enforcement mechanisms and their effects on international law by Yasmeen Muyano Pdf

Academic Paper from the year 2019 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 2.50, University of Santo Tomas (Faculty of Arts and Letters), course: Legal Management, language: English, abstract: In this essay I will explore the status of enforcement mechanisms used in international law and their effect on the overall effectivity of the law, using, principles, treaties, major researches and related jurisprudence. Effectiveness of law refers to whether the law has changed a state’s behavior from what it would have been in the absence of the law. In order for a law to be effective, parties must agree to comply to it. For this reason, the international committee provides enforcement mechanisms, which are methods used to induce compliance and increase cooperation from international bodies. These enforcement mechanisms fulfil a state's immediate interests. However, despite using these enforcement mechanisms, the international committee currently faces non-compliance and the possible unenforceability of the International Court of Justice as one of the major problems encountered in international law. Why is non-compliance still a major problem in international law if enforcement mechanisms are already in use?

The Limits of Leviathan

Robert E. Scott,Paul B. Stephan
The Limits of Leviathan Book PDF

Author : Robert E. Scott,Paul B. Stephan
Publisher : Cambridge University Press
Page : 215 pages
File Size : 45,5 Mb
Release : 2006-08-14
Category : Law
ISBN : 9781139460286

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The Limits of Leviathan by Robert E. Scott,Paul B. Stephan Pdf

Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.

International Criminal Law

M. Cherif Bassiouni
International Criminal Law Book PDF

Author : M. Cherif Bassiouni
Publisher : BRILL
Page : 643 pages
File Size : 54,7 Mb
Release : 2008
Category : Law
ISBN : 9789004165311

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International Criminal Law by M. Cherif Bassiouni Pdf

Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

Socializing States

Ryan Goodman,Derek Jinks
Socializing States Book PDF

Author : Ryan Goodman,Derek Jinks
Publisher : Oxford University Press
Page : 224 pages
File Size : 41,9 Mb
Release : 2013-08-20
Category : Political Science
ISBN : 9780199301010

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Socializing States by Ryan Goodman,Derek Jinks Pdf

The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,

Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements

Tullio Treves,Attila Tanzi,Cesare Pitea,Chiara Ragni,Laura Pineschi
Non Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements Book PDF

Author : Tullio Treves,Attila Tanzi,Cesare Pitea,Chiara Ragni,Laura Pineschi
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 42,6 Mb
Release : 2009
Category : Law
ISBN : 9067045578

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Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements by Tullio Treves,Attila Tanzi,Cesare Pitea,Chiara Ragni,Laura Pineschi Pdf

Traditional means of international dispute settlement have proved to be largely ineffective in ensuring the effectiveness of international environmental law. Thus, states are increasingly creating regime-specific systems to control, facilitate and assist the implementation of and compliance with each multilateral environmental agreement. By bringing together the perspectives of scholars, negotiators and practitioners, this book provides a comprehensive and in-depth analysis of the most advanced of these systems, the so-called “non-compliance mechanisms”, in which a specialized treaty body is entrusted with the task of examining cases of non-compliance by State parties. Included are descriptions of each mechanism and an analysis of cross-cutting issues. It also explains how these systems relate to relevant concepts and mechanisms of general international law and, for the first time, of European Union law. The book is a valuable source of information and recommended reading for academics, practitioners, civil servants, NGOs and all those interested in public international law, EC law and environmental law. Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and Professor of International Law at the University of Milan; Laura Pineschi is Professor of International Law at the University of Parma; Attila Tanzi is Professor of International Law at the University of Bologna and Chairperson of the Compliance Committee of the Protocol on Water and Health; Cesare Pitea is Aggregate Professor of International and European Law at the University of Parma; Chiara Ragni is a Senior Researcher in International Law at the University of Milan; and Francesca Romanin Jacur is a Post-doc Researcher in International Law at the University of Milan and Legal Adviser to the Italian Ministry of the Environment, Land and Sea in a project of the University of Siena.

Beyond Human Rights

Anne Peters
Beyond Human Rights Book PDF

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 40,5 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Research Handbook on International Law and Social Rights

Christina Binder,Jane A. Hofbauer,Flávia Piovesan,Amaya Úbeda de Torres
Research Handbook on International Law and Social Rights Book PDF

Author : Christina Binder,Jane A. Hofbauer,Flávia Piovesan,Amaya Úbeda de Torres
Publisher : Edward Elgar Publishing
Page : 592 pages
File Size : 43,7 Mb
Release : 2020-08-28
Category : Law
ISBN : 9781788972130

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Research Handbook on International Law and Social Rights by Christina Binder,Jane A. Hofbauer,Flávia Piovesan,Amaya Úbeda de Torres Pdf

This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.

First Platform of International Law (1876)

Edward S. Creasy
First Platform of International Law 1876 Book PDF

Author : Edward S. Creasy
Publisher : Unknown
Page : 728 pages
File Size : 49,7 Mb
Release : 2008-08-01
Category : Electronic
ISBN : 1437018084

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First Platform of International Law (1876) by Edward S. Creasy Pdf

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

International Law in the Era of Climate Change

Rosemary Gail Rayfuse,Shirley V. Scott
International Law in the Era of Climate Change Book PDF

Author : Rosemary Gail Rayfuse,Shirley V. Scott
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 43,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781006085

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International Law in the Era of Climate Change by Rosemary Gail Rayfuse,Shirley V. Scott Pdf

'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.

International Law in a Transcivilizational World

Onuma Yasuaki,Yasuaki Ōnuma
International Law in a Transcivilizational World Book PDF

Author : Onuma Yasuaki,Yasuaki Ōnuma
Publisher : Cambridge University Press
Page : 733 pages
File Size : 40,8 Mb
Release : 2017-02-15
Category : Law
ISBN : 9781107024731

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International Law in a Transcivilizational World by Onuma Yasuaki,Yasuaki Ōnuma Pdf

This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

The Limits of International Law

Jack L. Goldsmith,Eric A. Posner
The Limits of International Law Book PDF

Author : Jack L. Goldsmith,Eric A. Posner
Publisher : Oxford University Press
Page : 272 pages
File Size : 48,5 Mb
Release : 2005-02-03
Category : Law
ISBN : 9780199883370

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The Limits of International Law by Jack L. Goldsmith,Eric A. Posner Pdf

International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

The Law And Practice Of The International Court, 1920-2005

Shabtai Rosenne,Yaël Ronen
The Law And Practice Of The International Court 1920 2005 Book PDF

Author : Shabtai Rosenne,Yaël Ronen
Publisher : Martinus Nijhoff Publishers
Page : 2012 pages
File Size : 43,6 Mb
Release : 2006
Category : Law
ISBN : 9789004139589

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The Law And Practice Of The International Court, 1920-2005 by Shabtai Rosenne,Yaël Ronen Pdf

The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.

The Oxford Handbook of the Use of Force in International Law

Marc Weller,Alexia Solomou,Jake William Rylatt
The Oxford Handbook of the Use of Force in International Law Book PDF

Author : Marc Weller,Alexia Solomou,Jake William Rylatt
Publisher : Unknown
Page : 1377 pages
File Size : 54,5 Mb
Release : 2015
Category : Law
ISBN : 9780199673049

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The Oxford Handbook of the Use of Force in International Law by Marc Weller,Alexia Solomou,Jake William Rylatt Pdf

This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.

Global Governance and the Emergence of Global Institutions for the 21st Century

Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff
Global Governance and the Emergence of Global Institutions for the 21st Century Book PDF

Author : Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff
Publisher : Cambridge University Press
Page : 561 pages
File Size : 47,6 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781108476966

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Global Governance and the Emergence of Global Institutions for the 21st Century by Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff Pdf

Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.

The Settlement of Disputes in International Law

John G. Collier,Vaughan Lowe
The Settlement of Disputes in International Law Book PDF

Author : John G. Collier,Vaughan Lowe
Publisher : Oxford University Press, USA
Page : 428 pages
File Size : 53,9 Mb
Release : 2000
Category : Law
ISBN : 0198299273

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The Settlement of Disputes in International Law by John G. Collier,Vaughan Lowe Pdf

For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.