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Author : Onuma Yasuaki,Yasuaki Ōnuma
Publisher : Cambridge University Press
Page : 733 pages
File Size : 47,7 Mb
Release : 2017-02-15
Category : Law
ISBN : 9781107024731
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
Author : Onuma Yasuaki
Publisher : Martinus Nijhoff Publishers
Page : 493 pages
File Size : 55,6 Mb
Release : 2010-07-15
Category : Law
ISBN : 9789004186897
The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.
Author : B. S. Chimni
Publisher : Unknown
Page : 326 pages
File Size : 41,9 Mb
Release : 1993
Category : International law
ISBN : STANFORD:36105060052318
Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 778 pages
File Size : 42,6 Mb
Release : 2013-11-29
Category : Law
ISBN : 9789004261655
This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law.
Author : Giovanni Distefano
Publisher : BRILL
Page : 991 pages
File Size : 52,8 Mb
Release : 2019-05-07
Category : Law
ISBN : 9789004396692
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.
Author : Asif H Qureshi
Publisher : Bloomsbury Publishing
Page : 255 pages
File Size : 40,8 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781509915309
Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.
Author : Xue Hanqin
Publisher : Martinus Nijhoff Publishers
Page : 289 pages
File Size : 41,9 Mb
Release : 2012-12-03
Category : Law
ISBN : 9789004236134
Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.
Author : Andrew Clapham,Paola Gaeta,Marco Sassòli
Publisher : Oxford University Press
Page : 1400 pages
File Size : 54,9 Mb
Release : 2015-10-15
Category : Law
ISBN : 9780191003523
The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law. The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.
Author : Campbell McLachlan
Publisher : BRILL
Page : 492 pages
File Size : 49,5 Mb
Release : 2009-07-15
Category : Law
ISBN : 9789047441441
Also available as an e-book What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law.
Author : Ronald MacDonald,Ronald St. J. Macdonald,Douglas M. Johnston
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 40,6 Mb
Release : 2005
Category : Constitutional law
ISBN : 9004146121
The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the need to set new priorities in the development of international law. To that end it seems timely to reconsider the case for strengthening the constitutional framework of norms and institutions that seemed to offer the promise of fulfillment in the second half of the 20th century. The post-Cold War euphoria of the 1990s has virtually evaporated under the stress of new concerns at a time when states comprising the UN system are no longer capable of addressing these challenges. Towards World Constitutionalism argues the case for a more 'constitutionalized' system of international law and diplomacy. It is published at a time that the call for reform of the United Nations has become more insistent than at any time in its 60-year history. Even those most faithful to the purposes and principles enunciated in the Charter have had to admit to concerns about the management of certain sectors of the organization; and most concede the unrepresentative character of the powerful Security Council granted legal supremacy as the enforcer of international peace and security. Many go further and complain of unconscionable political bias in the General Assembly and in certain, over politicized, agencies. This collection of essays, by a selection of distinguished scholars representing various traditions of international law, constitutes a major contribution to this debate. It is an important resource for scholars and practitioners, and for all those concerned with the future of international law, and the world community.
Author : Richard L. Ottinger,Nicholas Robinson,Victor Tafur
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,7 Mb
Release : 2005-04-11
Category : Law
ISBN : 9781107320727
This 2005 volume is a companion to The Law of Energy for Sustainable Development. Here the IUCN Academy of Environmental Law assembles a volume of legal instruments which can be recognized as constituting the core of the law of energy for sustainable development. This volume will be an essential reference for all those involved in environmental and energy research.
Author : Zhipeng He,Lu Sun
Publisher : Springer Nature
Page : 254 pages
File Size : 41,8 Mb
Release : 2020-03-14
Category : Law
ISBN : 9789811528828
This book analyzes China’s attitude to international law based on historical experiences and documents, and provides an explanation of China’s approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law. The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.
Author : Bardo Fassbender,Knut Traisbach
Publisher : Oxford University Press
Page : 417 pages
File Size : 48,7 Mb
Release : 2019-11-21
Category : Law
ISBN : 9780192558190
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
Author : Jennifer M. Miller
Publisher : Harvard University Press
Page : 368 pages
File Size : 52,8 Mb
Release : 2019-03-11
Category : History
ISBN : 9780674240025
During the occupation American policymakers identified elections and education as the wellsprings of a democratic consciousness in Japan. But as the extent of Japan’s economic recovery became clear, they placed prosperity at the core of a revised vision for their new ally’s future, as Jennifer Miller shows in this fresh appraisal of the Cold War.
Author : Khaled Ramadan Bashir
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 44,6 Mb
Release : 2018-10-26
Category : Religion
ISBN : 9781788113861
Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.