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International law and political reality. 1 (1996) by Anthony A. D'Amato Pdf
Among the topics that D Amato examines in these studies of the interrelationship between international law and political reality are wars and war crimes, nuclear weapons and technology, sanctions and terrorism, covert and humanitarian intervention, and group and autonomy rights. This is the first volume in a series of collected papers.
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.
Yearbook of the International Law Commission / United Nations. 1994,2,2. Report of the Commission to the General Assembly on the work of its forty-sixth session by Anonim Pdf
Author : Academie de Droit International de la Haye Publisher : Martinus Nijhoff Publishers Page : 408 pages File Size : 55,7 Mb Release : 2001-08-01 Category : Law ISBN : 9041116060
Recueil Des Cours/Collected Courses, Volume 285 (2000) by Academie de Droit International de la Haye Pdf
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law." This volume contains: - International Law and International Relations by A.-M. SLAUGHTER, Director, Graduate and International Legal Studies, Harvard Law School; - L'Etat insulaire by L. LUCCHINI, Professeur a l'Institut oceanographique de Paris. To access the abstract texts for this volume please click here
The Globalization of International Law by PaulSchiff Berman Pdf
'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.
Victim Organisations and the Politics of Reparation by Heidy Rombouts Pdf
Reparation for victims of gross and systematic human rights violations is a contemporary issue gaining increased attention in both national and international politics. Post-conflict societies have to face the legacies of the dark past and dealing with a large group of victims is one of them. Transitional justice mechanisms trying to cope with the past should not overlook the issue of reparation. This research demonstrates how reparation for victims of gross and systematic human rights violations differs from reparation for isolated violations. The Rwandan case study unveils the role of victim organisations in and the competition and politicisation of the reparation debate. Although reparation for victims is a crucial element in transitional justice, it becomes clear that the way in which the reparation debate unfolds does not necessarily contribute to the peaceful future of a post-conflict society. This study argues that remedying the process and debate of the search for reparation will lead to an improved and more constructive reparation policy. Heidy Rombouts is a legal and social scientist (1997, Master of Laws; 1999, Master in Social and Political Sciences, Catholic University of Leuven). In 2004 she obtained a PhD degree in Social and Political Sciences at the University of Antwerp for her research on victim organisations and the politics of reparation. For several years she has been conducting research on transitional justice, human rights and post-conflict situations, including extensive field research in South Africa and Rwanda.
The Settlement of International Disputes by Wallace-Bruce Pdf
The first part of this book deals with the general principles relating to international disputes settlement. It starts by looking at the nature of an international dispute in contemporary international law, and by discussing the principles governing the ascertainment of the existence of an international dispute. It then moves on to a consideration of the diplomatic means of an international dispute settlement. The book not only focuses on the peaceful means, but also considers other means, in particular countermeasures. A separate chapter is devoted to the International Court of Justice, enabling in-depth treatment of the issues. The book critically analyses the cases in which Australia and New Zealand have been involved, first as applicants, and then as respondents, thereby assessing the contributions made by these two countries to the development of the law relating to international disputes settlement.
Research Handbook on the Politics of Human Rights Law by Bård A. Andreassen Pdf
International human rights law is undoubtedly intertwined with politics, and so this Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state. Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions.
The Kurdish Question Revisited by Gareth Stansfield,Mohammed Shareef Pdf
The Kurds, once marginal in the study of the Middle East and secondary in its international relations, have moved to centre stage in recent years. The contributors to The Kurdish Question Revisited offer insights into how this once seemingly intractable, immutable phenomenon is being transformed amid the new political realities of the Middle East.
Very few authors have ever had their collected papers published in a series of volumes. As far as we know, Anthony D’Amato is the first legal scholar to be accorded this signal honor. Martinus Nijhoff Publishers is pleased to announce the third volume of this acclaimed series. In this volume, the author updates his essays on sources and the foundational questions of international law with new commentary.
Sovereignty and Jurisdiction in Airspace and Outer Space by Gbenga Oduntan Pdf
Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space – the province of all mankind – begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.
This volume makes accessible a selection of the most significant journal articles dealing with international crimes. The studies collected here will be an invaluable aid to teaching and research.
The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Constructing Sovereignty Between Politics and Law by Tanja E. Aalberts Pdf
This book explores the interplay between sovereignty, politics and law through different conceptualizations of sovereignty. Despite developments such as European integration, globalization, and state failure, sovereignty proves to be a resilient institution in contemporary international politics. This book investigates both the continuity and change of sovereignty through an examination of the different ways it is understood; sovereignty as an institution, as identity; as a (language) game; and as subjectivity. In this illuminating book, Aalberts examines sovereign statehood as a political-legal concept, an institutional product of modern international society, and seeks an interdisciplinary approach that combines international relations and international law. This book traces the consequences of this origin for the conceptualization of sovereign statehood in modern academic discourse, drawing on key jurisprudence and international treaties, and provides a new framework to consider the international significance of sovereignty. As an innovative approach to a critical institution, Constructing Sovereignty between Politics and Law will be of interest to students and scholars of international relations, international relations theory and international law.
