International Law As An Open System

Author : James Crawford
Publisher : Unknown
Page : 607 pages
File Size : 54,9 Mb
Release : 2002-01-01
Category : International law
ISBN : 1874698147

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International Law as an Open System by James Crawford Pdf

This collection contains a selection of essays and articles by a leading scholar and practitioner in international law, covering nearly two decades of reflection and research. The writings cover a wide variety of topics related to international law, ranging from the nature of the international legal system, self-determination, the democratic entitlement in international law, state secession and state succession, to the nature of the codification process within the International Law Commission. Also included are Professor Crawford reflections on his work as a member of the Australian Law Reform Commission. The section on International Responsibility elaborates on many of the key problems that confronted the International Law Commission during the completion of its work on state responsibility and providing a comprehensive overview of the final stages of the process.

Author : Roland Portmann
Publisher : Cambridge University Press
Page : 128 pages
File Size : 49,5 Mb
Release : 2010-08-26
Category : Law
ISBN : 9781139493222

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Legal Personality in International Law by Roland Portmann Pdf

Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Author : Jean d'Aspremont
Publisher : Cambridge University Press
Page : 179 pages
File Size : 44,8 Mb
Release : 2017-11-09
Category : Law
ISBN : 9781108421874

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International Law as a Belief System by Jean d'Aspremont Pdf

Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?

Author : Kate Parlett
Publisher : Cambridge University Press
Page : 463 pages
File Size : 54,7 Mb
Release : 2011-04-14
Category : Law
ISBN : 9781139499972

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The Individual in the International Legal System by Kate Parlett Pdf

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

Author : Klara Polackova Van der Ploeg,Luca Pasquet,León Castellanos-Jankiewicz
Publisher : Springer Nature
Page : 471 pages
File Size : 43,5 Mb
Release : 2022-12-16
Category : Law
ISBN : 9783031094651

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International Law and Time by Klara Polackova Van der Ploeg,Luca Pasquet,León Castellanos-Jankiewicz Pdf

This book explores the close, complex and consequential – yet to a large extent implicit – relationship between international law and time. There is a conspicuous discrepancy between international law’s technical preoccupation with the mechanics of temporal rules and the absence of more foundational considerations of how time – both as an irrepressible physical dimension manifesting in the passage of time, and as a social construct shaped by diverse social and cultural factors – impacts and interacts with international law. Divided into five parts and 21 chapters, this book explores key aspects of the relationship between international law and time and puts the spotlight on time’s fundamental significance for international law as a legal order and as a discipline. Pursuing diverse approaches to international law, the authors consider the notion, significance, manifestations, uses and implications of time in international law in a wide range of contexts, and offer insights into the various ways in which international law and international lawyers cope with time, both in terms of constructing narratives and in devising and employing particular legal techniques.

Author : Jochen von Bernstorff
Publisher : Cambridge University Press
Page : 343 pages
File Size : 50,5 Mb
Release : 2010-10-28
Category : Law
ISBN : 9781139488587

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The Public International Law Theory of Hans Kelsen by Jochen von Bernstorff Pdf

This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

Author : Fleur Johns
Publisher : Routledge
Page : 553 pages
File Size : 45,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351562249

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International Legal Personality by Fleur Johns Pdf

Who or what is entitled to act on the international plane? Where should responsibility for violations of international law lie? What sort of entities are capable of possessing international legal rights? What is the status of individuals, minority groups, non-governmental bodies, international organisations and animals in the international legal order and how has their status shifted over time? International Legal Personality contains fourteen articles that address these and related questions. In historical and contemporary writings, international lawyers grapple with the nature of legal identity, and confront global distributions of authority and responsibility, as they explore who or what is a 'person' in the international legal order. These essays document the emergence of an international legal order increasingly conceived in terms of patterns and probabilities, rather than as the stagecraft of a small company of permanent players.

Author : Jean d'Aspremont,Samantha Besson,Sévrine Knuchel
Publisher : Oxford University Press
Page : 900 pages
File Size : 44,9 Mb
Release : 2017-10-19
Category : Law
ISBN : 9780191062551

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The Oxford Handbook of the Sources of International Law by Jean d'Aspremont,Samantha Besson,Sévrine Knuchel Pdf

The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

Author : Alex Mills
Publisher : Cambridge University Press
Page : 463 pages
File Size : 41,8 Mb
Release : 2009-07-02
Category : Law
ISBN : 9781139479738

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The Confluence of Public and Private International Law by Alex Mills Pdf

A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

Author : William Elliott Butler
Publisher : BRILL
Page : 234 pages
File Size : 42,8 Mb
Release : 1987-01-01
Category : Law
ISBN : 9024735343

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International Law and the International System by William Elliott Butler Pdf

Author : Katja Creutz
Publisher : Cambridge University Press
Page : 379 pages
File Size : 53,7 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108494298

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State Responsibility in the International Legal Order by Katja Creutz Pdf

The book analyzes State responsibility in international law from a holistic and critical perspective.

Author : Jean d'Aspremont
Publisher : Taylor & Francis
Page : 496 pages
File Size : 54,6 Mb
Release : 2011-04-20
Category : Law
ISBN : 9781136724930

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Participants in the International Legal System by Jean d'Aspremont Pdf

The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.

Author : James Crawford
Publisher : BRILL
Page : 537 pages
File Size : 44,6 Mb
Release : 2014-04-29
Category : Law
ISBN : 9789004268098

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Chance, Order, Change: The Course of International Law, General Course on Public International Law by James Crawford Pdf

Also available as an e-book Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called ? In what respects is it systematic ? Does it — can it — respect the rule of law ? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.

Author : Carlo Focarelli
Publisher : OUP Oxford
Page : 632 pages
File Size : 55,5 Mb
Release : 2012-05-24
Category : Law
ISBN : 9780191632198

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International Law as Social Construct by Carlo Focarelli Pdf

The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it draws upon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is crucial to our understanding of international law and to the struggle to create better working rules. The book re-conceptualizes both past and new doctrines of international law as 'constructs', namely, as strategies of concomitantly de-mythologizing and re-mythologizing international law. Key areas of international law, including subjects, sources, hierarchy, values, and remedies, are shown to be part of this process. The social impact on international law of transnational actors and stakeholders, normative fragmentation, global justice, legitimacy of both rules and players, dynamics and hierarchization of norms, compliance and implementation in municipal law is also extensively investigated. Five basic values of the international community, namely security, humanity, wealth, environment, and knowledge, are explored by stressing their inter- and intra-tensions. Finally, the analysis is extended to the role that international courts play in the prosecution of heads of state and other transnational players who violate international law.

Author : Ping Xiong
Publisher : Martinus Nijhoff Publishers
Page : 390 pages
File Size : 53,9 Mb
Release : 2012-03-20
Category : Law
ISBN : 9789004226593

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An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement by Ping Xiong Pdf

This book offers an analysis of the interpretation of the WTO TRIPS Agreement and its impact on the right to health. It furthers understanding of WTO jurisprudence and researches the topic in a broad framework of international law. It examines the extent to which the patent protections in the TRIPS Agreement are consistent with the right to health, and in particular with access to medicine. It helps to underpin an understanding of the relationship between human rights law and intellectual property law – specifically between the right to health and patent protection. It usefully analyses the relationship between TRIPS and the right to health and develops an understanding of interpretive techniques for use within WTO dispute settlement.