International Law And

Author : Marianne O. Nielsen,Karen Jarratt-Snider
Publisher : University of Arizona Press
Page : 225 pages
File Size : 52,9 Mb
Release : 2020-05-05
Category : Social Science
ISBN : 9780816540419

Get Book

Traditional, National, and International Law and Indigenous Communities by Marianne O. Nielsen,Karen Jarratt-Snider Pdf

This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 42,5 Mb
Release : 2015
Category : Electronic
ISBN : 0779867068

Get Book

International Law of the Sea by Anonim Pdf

Author : Anthea Roberts
Publisher : Oxford University Press
Page : 433 pages
File Size : 48,9 Mb
Release : 2017
Category : Law
ISBN : 9780190696412

Get Book

Is International Law International? by Anthea Roberts Pdf

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Author : Lucrecia García Iommi,Richard W Maass
Publisher : University of Michigan Press
Page : 365 pages
File Size : 48,8 Mb
Release : 2022-07-26
Category : Political Science
ISBN : 9780472220274

Get Book

The United States and International Law by Lucrecia García Iommi,Richard W Maass Pdf

The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

Author : Anne Orford
Publisher : Cambridge University Press
Page : 395 pages
File Size : 54,5 Mb
Release : 2021-08-05
Category : History
ISBN : 9781108480949

Get Book

International Law and the Politics of History by Anne Orford Pdf

Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

Author : Annice Blair,Kathleen Ryan Elliott
Publisher : Don Mills, Ont. : Oxford University Press
Page : 0 pages
File Size : 42,7 Mb
Release : 2004
Category : International law
ISBN : 0195420489

Get Book

Canadian and International Law by Annice Blair,Kathleen Ryan Elliott Pdf

This dynamic full-colour text actively engages students in their exploration of Canadian law and its social, political, and global ramifications. Canadian and International Law connects the historical roots of law to issues in contemporary society. Developed and tested by highly experienced teachers, subject specialists, and students for maximum classroom applicability. This text is sufficiently rigorous for university prep, yet has been designed to meet the language and interests of grade 12 students.

Author : Anne Orford
Publisher : Cambridge University Press
Page : 401 pages
File Size : 50,5 Mb
Release : 2006-11-02
Category : Law
ISBN : 9781139460392

Get Book

International Law and its Others by Anne Orford Pdf

Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

Author : Matthew C. R. Craven,Malgosia Fitzmaurice,Maria Vogiatzi
Publisher : Martinus Nijhoff Publishers
Page : 264 pages
File Size : 41,5 Mb
Release : 2007
Category : Law
ISBN : 9789004154810

Get Book

Time, History and International Law by Matthew C. R. Craven,Malgosia Fitzmaurice,Maria Vogiatzi Pdf

This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.

Author : Jed Odermatt
Publisher : Cambridge University Press
Page : 273 pages
File Size : 55,5 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781108841993

Get Book

International Law and the European Union by Jed Odermatt Pdf

International Law and the European Union addresses the public international law issues that arise from the European Union's international action.

Author : Martti Koskenniemi
Publisher : Bloomsbury Publishing
Page : 388 pages
File Size : 55,9 Mb
Release : 2011-06-10
Category : Law
ISBN : 9781847316554

Get Book

The Politics of International Law by Martti Koskenniemi Pdf

Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

Author : Mary Ellen O'Connell
Publisher : Oxford University Press
Page : 408 pages
File Size : 46,9 Mb
Release : 2011-05-10
Category : Political Science
ISBN : 0199831025

Get Book

The Power and Purpose of International Law by Mary Ellen O'Connell Pdf

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

Author : Donald R Rothwell,Stuart Kaye,Afshin Akhtar-Khavari,Ruth Davis,Imogen Saunders
Publisher : Cambridge University Press
Page : 875 pages
File Size : 47,9 Mb
Release : 2018-06-19
Category : Law
ISBN : 9781108445450

Get Book

International Law by Donald R Rothwell,Stuart Kaye,Afshin Akhtar-Khavari,Ruth Davis,Imogen Saunders Pdf

The third edition of International Law: Cases and Materials with Australian Perspectives examines how international law is developed, implemented and interpreted.

Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 415 pages
File Size : 40,7 Mb
Release : 2020-12-10
Category : Law
ISBN : 9781108487245

Get Book

International Law by Jan Klabbers Pdf

Clear and concise: a landmark publication in the teaching of international law from one of the world's leading international lawyers.

Author : Edward S. Cohen
Publisher : Routledge
Page : 189 pages
File Size : 52,5 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781000554205

Get Book

Power and Pluralism in International Law by Edward S. Cohen Pdf

Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

Author : Fleur Johns,Richard Joyce,Sundhya Pahuja
Publisher : Routledge
Page : 312 pages
File Size : 50,6 Mb
Release : 2010-10-04
Category : Law
ISBN : 9781136920295

Get Book

Events: The Force of International Law by Fleur Johns,Richard Joyce,Sundhya Pahuja Pdf

Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.