How International Law Works In Times Of Crisis

Author : George Ulrich,Ineta Ziemele
Publisher : Oxford University Press
Page : 368 pages
File Size : 42,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780192589521

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How International Law Works in Times of Crisis by George Ulrich,Ineta Ziemele Pdf

For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Author : Makane Moïse Mbengue,Jean D'Aspremont
Publisher : BRILL
Page : 208 pages
File Size : 49,6 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004472365

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Crisis Narratives in International Law by Makane Moïse Mbengue,Jean D'Aspremont Pdf

This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.

Author : Michael P. Scharf,Paul R. Williams
Publisher : Cambridge University Press
Page : 128 pages
File Size : 46,9 Mb
Release : 2010-01-11
Category : Law
ISBN : 9781139485050

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Shaping Foreign Policy in Times of Crisis by Michael P. Scharf,Paul R. Williams Pdf

Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.

Author : University of Cambridge. Research Centre for International Law
Publisher : Cambridge University Press
Page : 782 pages
File Size : 44,5 Mb
Release : 1997-07-28
Category : History
ISBN : 0521463041

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The Yugoslav Crisis in International Law by University of Cambridge. Research Centre for International Law Pdf

This book brings together for the first time a comprehensive documentary record of the crisis in the former Yugoslavia, tracing the responses both of the United Nations and regional organisations. Many of the documents reproduced are otherwise inaccessible. This volume contains all relevant UN Security Council Resolutions and Presidential Statements together with the records of the debates leading to their adoption; reports on the crisis compiled by the UN Secretary-General; and extracts from decisions and debates in the UN General Assembly. The efforts of regional organisations are reflected in general documents from, amongst others, the EC, NATO, the Western European Union, the Conference on Security and Cooperation in Europe, the Organisation of the Islamic Conference, and the Non-Aligned Movement.

Author : Oren Gross,Fionnuala Ní Aoláin
Publisher : Cambridge University Press
Page : 48 pages
File Size : 52,5 Mb
Release : 2006-10-30
Category : Political Science
ISBN : 9781139457750

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Law in Times of Crisis by Oren Gross,Fionnuala Ní Aoláin Pdf

This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

Author : Tai-Heng Cheng
Publisher : Oxford University Press
Page : 360 pages
File Size : 45,9 Mb
Release : 2012-02-16
Category : LAW
ISBN : 9780195370171

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When International Law Works by Tai-Heng Cheng Pdf

This title addresses the current international law debates and transcends them. Responding to influential scholarly statements on international law, the author presents a new framework that decision-makers should consider when they confront an international problem implicating the often-competing policies and interests of their own communities & global order. Instead of advocating for or against international law as legitimate or binding, Cheng acknowledges its shortcomings while presenting a practical means of deciding whether compliance in a given circumstance is beneficial, moral, or necessary.

Author : George Ulrich,Ineta Ziemele
Publisher : Oxford University Press
Page : 368 pages
File Size : 53,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780192589514

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How International Law Works in Times of Crisis by George Ulrich,Ineta Ziemele Pdf

For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Author : Radhika Withana
Publisher : BRILL
Page : 296 pages
File Size : 42,6 Mb
Release : 2008-09-17
Category : Law
ISBN : 9789047431794

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Power, Politics, Law: International Law and State Behaviour During International Crises by Radhika Withana Pdf

This volume addresses the question as to where international law fits into the making and implementation of foreign policy during an international crisis in which a State is considering and / or may actually use force. Empirical literature on the law-State behaviour relationship during international crises has not been able to answer this question adequately. The limitations of existing empirical literature are identified as stemming from the limitations of existing positivist, realist and functionalist theoretical explanations of the law-State behaviour relationship. These theoretical approaches, which underpin existing empirical literature on international crises, assume that international law matches what is referred to in this book as its ‘rule-book’ image. This is the notion of international law as a finite set of objective, politically neutral, rules that can be applied so as to distinguish objectively between legal and illegal action. The rule-book image of international law does not match reality, but the assumption that it is true underpins both theoretical literature and references to international law in political rhetoric. The rule-book image and the reality of international law have been reconciled within the theory of International law as Ideology (ILI) as developed by Shirley Scott. This book hypothesises that an ILI perspective offers a better explanation of the law-State behaviour relationship during international crises than rival explanations grounded in positivism, realism or functionalism. Four case studies of State behaviour—of the US, the Soviet Union and the PRC during the Korean War (1950-1953), of the US and UK during the Suez crisis (1956), of the US and the Soviet Union during the Cuban Missile Crisis (1962) and of the US and an alliance of Latin American States during the Dominican Republic crisis (1965)—are used to test the hypothesis. The findings confirm the greater explanatory efficacy of ILI and demonstrate that the significance of international law to foreign policy decision-making during international crises is more than that of deterring the use of force as is assumed by rival theoretical approaches grounded in a rule-book image of international law. International law is shown to serve as a vehicle for inter-State competition during international crises.

Author : Jonathan Sumption
Publisher : Profile Books
Page : 237 pages
File Size : 53,7 Mb
Release : 2021-03-11
Category : Law
ISBN : 9781782838074

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Law in a Time of Crisis by Jonathan Sumption Pdf

'Thoughtful, stimulating and even entertaining ... Lord Sumption's opinion is always worth listening to, even - or especially - if one disagrees with it.' Daily Telegraph 'Time spent on Law in a Time of Crisis is time spent in the company of a brilliant mind considering interesting things' The Times Brexit, the independence referendum, the pandemic: the UK is a country in crisis. And, in crises, we turn to the law to set the boundaries of what the government can and should do. However, in a country with no written constitution, what sounds like a simple proposition is in fact anything but. Based on his 2019 Reith lectures, former Supreme Court Judge Jonathan Sumption asks: what are the limits of law in politics? Is not having a constitution a hindrance or help in times of crisis? From referenda to the rise of nationalisms, Law in a Time of Crisis exposes the uses and abuses of legal intervention in British crises - past, present, and potential.

Author : Hague Academy of International Law. Center for Studies and Research
Publisher : Springer
Page : 480 pages
File Size : 50,7 Mb
Release : 2002-06-24
Category : Law
ISBN : 9041117466

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Recueil des Cours by Hague Academy of International Law. Center for Studies and Research Pdf

"The title of Shabtai Rosenne's general course on public international law is inspired by the major work of the medieval Jewish philosopher and jurist, Moses Maimonides. These perplexities follow from the conviction that universal peace will become a reality when the world will have a workable, rational, balanced and accepted general system of international law and impartial and appropriate instruments to enforce it in times of crisis. However, the world has not yet reached that state. The author stresses the importance of the close linkage between law and history, and it is with this in mind that Shabtai Rosenne approaches the principal themes of public international law. He examines the sources or international law, the international courts and tribunals, the use of force, international humanitarian law, human rights, international personality, maritime spaces, space, the written word, responsibilities and remedies. Lastly, the author also pays attention to the United Nations system"--Publisher's description.

Author : Piet Eeckhout,Manuel Lopez-Escudero
Publisher : Bloomsbury Publishing
Page : 624 pages
File Size : 50,6 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781509900572

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The European Union’s External Action in Times of Crisis by Piet Eeckhout,Manuel Lopez-Escudero Pdf

The Lisbon Treaty modified the legal framework of EU external action and these innovations must be applied in a period of deep economic and financial crisis interacting with other more specific crises affecting the EU's external activities. This volume investigates the recent institutional and substantive developments in EU external relations law and practice in this context of multiple crises for the EU. The economic and financial crisis has a major impact on EU external action, but other crises too affect this sensitive area of the EU's activity and the book takes them into account. For instance, there is a crisis in the relationship between EU law and international law after the ECJ judgement in the Kadi case. In addition to exploring these questions, the volume also examines questions of legitimacy in fields such as foreign investment protection and arbitration. Representing the output of a powerful research team composed of leading scholars in the field this comprehensive collection will appeal to both an expert and non-expert readership.

Author : Barbara Stark
Publisher : Cambridge University Press
Page : 307 pages
File Size : 40,7 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781107047501

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International Law and its Discontents by Barbara Stark Pdf

Brings together international law's most outspoken 'discontents' to expose international law's complicity in the ongoing economic and financial global crises.

Author : Barbara Stark
Publisher : Cambridge University Press
Page : 307 pages
File Size : 51,5 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781316298992

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International Law and its Discontents by Barbara Stark Pdf

In Civilization and its Discontents, Sigmund Freud argued that civilization itself is the major source of human unhappiness, inhibiting instincts and generating guilt. In Globalization and its Discontents, Joseph Stiglitz shows how the 'economic architecture' that produced globalization has also driven the backlash against it. This book brings together some of international law's most outspoken 'discontents'; those who situate their malaise in international law itself. Their shared objective is to expose international law's complicity in the ongoing economic and financial global crises and to assess its capacity - and its will - to constructively address them. Some, like Freud, view that which holds us together as an inevitable source of discontent. Others, like Stiglitz, draw on the energy of the backlash. How have these crises affected particular groups, sovereign states, and international law itself? How have they responded? When does crisis serve as a catalyst, and for what?

Author : Mielle K. Bulterman,Willem J.M. van Genugten
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 45,6 Mb
Release : 2014-06-16
Category : Law
ISBN : 9462650101

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Netherlands Yearbook of International Law 2013 by Mielle K. Bulterman,Willem J.M. van Genugten Pdf

The combination of the words ‘international law’ and ‘crisis’ is intriguing and leads to a number of questions. How does international law react to crises and what are the typical conditions under which the term ‘crisis’ is invoked? Is international law a vivid field of law due to and thanks to crises? Are parts of international law maybe in crisis themselves? To what extent has the focus on crises taken away attention from important legal questions in the day-to-day application of international law? And does the focus on crisis undermine analytic progress amongst scholars, who might think about crises as being something completely new, asking for new answers while ignoring the relevance of the existing ‘international law acquis’? This volume includes eight articles, in the domains of human rights law, migration law, environmental law, international criminal law, WTO law and European law, reflecting upon these pertinent questions, basically asking: do international lawyers do the things right or do they the right things? The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union.

Author : David R. Deener
Publisher : Unknown
Page : 93 pages
File Size : 47,5 Mb
Release : 1957
Category : Electronic
ISBN : OCLC:844091435

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International Law and the Middle East Crisis by David R. Deener Pdf