International Agreements Between Non State Actors As A Source Of International Law

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International Agreements between Non-State Actors as a Source of International Law

Author : Melissa Loja
Publisher : Bloomsbury Publishing
Page : 241 pages
File Size : 45,9 Mb
Release : 2022-09-22
Category : Law
ISBN : 9781509951123

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International Agreements between Non-State Actors as a Source of International Law by Melissa Loja Pdf

This book examines whether international agreements between non-state actors can be identified as a source of international law using objective criteria. It asks whether, beyond Article 38 of the Statute of the International Court of Justice, there is a system of rules, processes, beliefs or semantics by which these agreements can be objectively identified as a source of international law. Departing from the more usual state-centric analysis, it adopts postmodern legal positivism as its analytical tool. This allows for the reality that international law-making takes place in subjective social landscapes. To test the effectiveness of this approach, it is applied to agreements between petroleum agencies and corporations which allow two or more states to exploit disputed resources across boundaries looking in particular at arrangements involving China, Vietnam and the Philippines. By so doing it illustrates an alternative way that states can manage disputes, without having to resort to conflict. It will appeal to both scholars and practitioners of public international law, as well as civil servants.

International Agreements Between Non-state Actors as a Source of International Law

Author : Melissa Loja
Publisher : Unknown
Page : 320 pages
File Size : 48,9 Mb
Release : 2022
Category : Conflict of laws
ISBN : 150995113X

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International Agreements Between Non-state Actors as a Source of International Law by Melissa Loja Pdf

"This book examines whether international agreements between non-state actors can be identified as a source of international law using objective criteria. It asks whether, beyond Article 38 of the Statute of the International Court of Justice, there is a system of rules, processes, beliefs or semantics by which these agreements can be objectively identified as a source of international law. Departing from the more usual state-centric analysis, it adopts postmodern legal positivism as its analytical tool. This allows for the reality that international law-making takes place in subjective social landscapes. To test the effectiveness of this approach, it is applied to agreements between petroleum agencies and corporations which allow two or more states to exploit disputed resources across boundaries looking in particular at arrangements involving China, Vietnam and the Philippines. By so doing it illustrates an alternative way that states can manage disputes, without having to resort to conflict. It will appeal to both scholars and practitioners of public international law, as well as civil servants."--

Non-State Actors in International Law

Author : Math Noortmann,August Reinisch,Cedric Ryngaert
Publisher : Bloomsbury Publishing
Page : 424 pages
File Size : 42,6 Mb
Release : 2015-08-27
Category : Law
ISBN : 9781509901869

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Non-State Actors in International Law by Math Noortmann,August Reinisch,Cedric Ryngaert Pdf

The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.

Non-state Actors and International Obligations

Author : International Law Association. British Branch. Annual Spring Conference
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2018
Category : Non-state actors (International relations)
ISBN : 9004340238

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Non-state Actors and International Obligations by International Law Association. British Branch. Annual Spring Conference Pdf

This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.

The Sources of International Law

Author : Hugh Thirlway
Publisher : Oxford University Press
Page : 262 pages
File Size : 41,9 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685394

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The Sources of International Law by Hugh Thirlway Pdf

Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

International Organisations, Non-State Actors and the Formation of Customary International Law

Author : Jean D'Aspremont,Sufyan Droubi
Publisher : Melland Schill Perspectives on
Page : 464 pages
File Size : 48,9 Mb
Release : 2020-12-07
Category : Law
ISBN : 1526134152

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International Organisations, Non-State Actors and the Formation of Customary International Law by Jean D'Aspremont,Sufyan Droubi Pdf

This collection of essays provides a comprehensive study of the theory and practice on the contribution of international organisations and non-state actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researcher in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making. This volume includes a contribution by Michael Wood, the Special Rapporteur of the International Law Commission on the identification of customary international law, a contribution by Iris Müller, legal advisor of the International Committee of the Red Cross, as well as chapters from some of the most authoritative and established experts on the sources of international law.

Principles of International Law

Author : John Balouziyeh, Esq.
Publisher : Vandeplas Publishing
Page : 187 pages
File Size : 41,7 Mb
Release : 2016-06-17
Category : Law
ISBN : 9781681090368

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Principles of International Law by John Balouziyeh, Esq. Pdf

This book offers law students and practitioners alike a clear and concise overview of public international law. It introduces the reader to the sources and history of international law while examining the institutions that create, interpret, and enforce the law, with special attention given to the International Court of Justice and its jurisprudence. The main branches of international law, along with the major treaties and customs governing them, are explained. The chapters take the reader through a step-by-step exposition of the following topics: - States and governments in the international order - International humanitarian law (the law of armed conflict) - International criminal law - Human rights and related topics - State responsibility and immunities from jurisdiction - International environmental law - The law of the sea, air, and space - International economic and trade law The procedures implemented in resolving international disputes are similarly examined. The book's lucid writing style and user-friendly format guarantee its accessibility to lawyers and non-lawyers alike. It will similarly be useful to students as a companion to any international law casebook or compendium of primary source documents.

The Sources of International Law

Author : Hugh Thirlway
Publisher : Oxford University Press
Page : 272 pages
File Size : 46,5 Mb
Release : 2019-04-03
Category : Law
ISBN : 9780192578914

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The Sources of International Law by Hugh Thirlway Pdf

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.

Non-State Actors and International Obligations

Author : James Summers,Alex Gough
Publisher : BRILL
Page : 523 pages
File Size : 40,5 Mb
Release : 2018-10-11
Category : Law
ISBN : 9789004340251

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Non-State Actors and International Obligations by James Summers,Alex Gough Pdf

This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.

Progress in International Law

Author : Russell A. Miller,Rebecca M. Bratspies
Publisher : BRILL
Page : 945 pages
File Size : 54,5 Mb
Release : 2008
Category : Law
ISBN : 9789004165717

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Progress in International Law by Russell A. Miller,Rebecca M. Bratspies Pdf

"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.

Human Rights Obligations of Non-State Actors

Author : Andrew Clapham
Publisher : OUP Oxford
Page : 2518 pages
File Size : 40,9 Mb
Release : 2006-03-02
Category : Political Science
ISBN : 9780191018626

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Human Rights Obligations of Non-State Actors by Andrew Clapham Pdf

The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.

Customary International Humanitarian Law

Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 47,8 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996

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Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Negotiating State and Non-State Law

Author : Michael A. Helfand
Publisher : Cambridge University Press
Page : 363 pages
File Size : 44,6 Mb
Release : 2015-07-02
Category : Law
ISBN : 9781107083769

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Negotiating State and Non-State Law by Michael A. Helfand Pdf

Addresses the relationship between the nation-state and non-state law, considering how they can coexist and transform each other.

Non-State Actors and International Law

Author : Andrea Bianchi
Publisher : Routledge
Page : 667 pages
File Size : 53,6 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351914383

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Non-State Actors and International Law by Andrea Bianchi Pdf

The expression 'non-state actors' has become part and parcel of the common parlance of international lawyers. Together with the traditional subjects of international law, such as states and international organizations, non-state actors play an important role in international law-making, law-adjudication and law-enforcement processes. Although the subjects/actors discourse takes place in a variety of contexts, most of the time the relevant narrative merely describes how different actors participate in the legal process in any given area. Little attention has been drawn to the theoretical discourse about non-state actors and its relation to the doctrine of the subjects of international law. Whether the solution lies in 'relativizing' the subjects or rather in 'subjectivizing' the actors remains open to doubt. The constant swing of the pendulum from the normative to the descriptive mesmerizes the observer but hardly hides the struggle for determining who may legitimately and authoritatively perform legally relevant acts on the international scene.

The Concept of Treaty in International Law

Author : Jan Klabbers
Publisher : Martinus Nijhoff Publishers
Page : 332 pages
File Size : 47,9 Mb
Release : 1996-04-03
Category : Law
ISBN : 9041102442

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The Concept of Treaty in International Law by Jan Klabbers Pdf

Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, "ex" "hypothesi," treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals. The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.