International Law In Transition

International Law In Transition Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of International Law In Transition book. This book definitely worth reading, it is an incredibly well-written.

International Law in Transition

Nagendra Singh,R. S. Pathak,Ramaa Prasad Dhokalia
International Law in Transition Book PDF

Author : Nagendra Singh,R. S. Pathak,Ramaa Prasad Dhokalia
Publisher : Martinus Nijhoff Publishers
Page : 426 pages
File Size : 44,8 Mb
Release : 1992-07-30
Category : Law
ISBN : 0792317157

Get Book

International Law in Transition by Nagendra Singh,R. S. Pathak,Ramaa Prasad Dhokalia Pdf

The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.

International Law in Transition

Dhokalia
International Law in Transition Book PDF

Author : Dhokalia
Publisher : Martinus Nijhoff Publishers
Page : 411 pages
File Size : 51,6 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004637870

Get Book

International Law in Transition by Dhokalia Pdf

The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of `International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a `new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.

International Law in the Transition to Peace

Carina Lamont
International Law in the Transition to Peace Book PDF

Author : Carina Lamont
Publisher : Routledge
Page : 245 pages
File Size : 48,5 Mb
Release : 2021-11-14
Category : Law
ISBN : 9781000473254

Get Book

International Law in the Transition to Peace by Carina Lamont Pdf

This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.

International Law and Transition to Peace in Colombia

César Rojas-Orozco
International Law and Transition to Peace in Colombia Book PDF

Author : César Rojas-Orozco
Publisher : BRILL
Page : 205 pages
File Size : 54,6 Mb
Release : 2021-07-05
Category : Law
ISBN : 9789004440531

Get Book

International Law and Transition to Peace in Colombia by César Rojas-Orozco Pdf

In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

Transition from Illegal Regimes under International Law

Yaël Ronen
Transition from Illegal Regimes under International Law Book PDF

Author : Yaël Ronen
Publisher : Cambridge University Press
Page : 401 pages
File Size : 47,6 Mb
Release : 2011-05-19
Category : Law
ISBN : 9781139496179

Get Book

Transition from Illegal Regimes under International Law by Yaël Ronen Pdf

Yaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.

Jus Post Bellum

Carsten Stahn,Jann K. Kleffner
Jus Post Bellum Book PDF

Author : Carsten Stahn,Jann K. Kleffner
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 53,9 Mb
Release : 2008
Category : Law
ISBN : 9067047198

Get Book

Jus Post Bellum by Carsten Stahn,Jann K. Kleffner Pdf

Jus ad bellum and jus in bello are established concepts in contemporary international law. This book is the first work to treat the origins, contents and contemporary challenges of jus post bellum. It offers new analysis and fresh thinking on one of the greatest challenges of warfare and armed force: the management and restoration of peace after conflict. Fundamental issues, such as the extraterritorial application of human rights obligations, the accountability of occupying powers and international organizations and approaches towards justice and reconciliation, are at the heart of contemporary debate. New concepts, such as the notion of responsibility to protect are gradually emerging. This book addresses these issues from a novel perspective. It identifies legal gaps and policy challenges and inquires to what extent they may be addressed under a common normative umbrella: Jus Post Bellum. The individual contributions offer guidance on shortcomings, directions and possible avenues of reform. In this way, the authors – from various disciplines, such as philosophy, legal history, political science and international law – contribute to the emerging scholarship in this field. Carsten Stahn is a Reader in Public International Law and International Criminal Justice, at the Swansea University School of Law, UK. Jann K. Kleffner is Assistant Professor at the Amsterdam University Center of International Law, The Netherlands, and the Managing Editor of the Yearbook of International Humanitarian Law.

Global Justice, Human Rights and the Modernization of International Law

Riccardo Pisillo Mazzeschi,Pasquale De Sena
Global Justice Human Rights and the Modernization of International Law Book PDF

Author : Riccardo Pisillo Mazzeschi,Pasquale De Sena
Publisher : Springer
Page : 272 pages
File Size : 55,5 Mb
Release : 2018-07-27
Category : Law
ISBN : 9783319902272

Get Book

Global Justice, Human Rights and the Modernization of International Law by Riccardo Pisillo Mazzeschi,Pasquale De Sena Pdf

This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.

When the Conflict Ends, While Uncertainty Continues

Alessandra La Vaccara
When the Conflict Ends While Uncertainty Continues Book PDF

Author : Alessandra La Vaccara
Publisher : Editions Pedone/Hart
Page : 0 pages
File Size : 43,9 Mb
Release : 2019-06-13
Category : Law
ISBN : 1509931791

Get Book

When the Conflict Ends, While Uncertainty Continues by Alessandra La Vaccara Pdf

One of the most challenging elements during any armed conflict and its aftermath is the need to determine the fate of the missing and to support families dealing with uncertainty. Another layer of complexity is added in cases where a missing person might have been involved in criminal activity. This book examines how international law meets these two distinct, but intertwined, needs. It shows that the duty to account for missing persons is cross-cutting in nature, requiring measures needing implementation before, during, and after armed conflict. At the same time, those measures cannot substitute any required to establish responsibility for IHL/IHRL violations and international crimes. Exploring specific examples, the book examines the role that international law plays in the international community's attempts to articulate humanitarian and accountability-driven efforts when dealing with the missing. By so doing, it suggests how linkages between such efforts can be established, both through legal and policy avenues.

International Law in Domestic Courts

Edda Kristjánsdóttir (oed.),André Nollkaemper,Cedric Ryngaert
International Law in Domestic Courts Book PDF

Author : Edda Kristjánsdóttir (oed.),André Nollkaemper,Cedric Ryngaert
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2012
Category : Courts
ISBN : 1780680414

Get Book

International Law in Domestic Courts by Edda Kristjánsdóttir (oed.),André Nollkaemper,Cedric Ryngaert Pdf

States that are in transition following a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines the detailed attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The book contains case studies of the role of domestic courts in various post-conflict and transitional situations: the Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda. Each of these case studies examines questions relating to: the exact constitutional moment that empowers domestic courts to apply international law * the range of international legal norms that are applied * the involvement of international actors in bringing about change * the contextualization of international legal norms in States in transition * tension within such States as a result of the application of international law * the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment. (Series: Series on Transitional Justice - Vol. 9)

United Nations Law Making

Edward McWhinney
United Nations Law Making Book PDF

Author : Edward McWhinney
Publisher : New York : Holmes & Meier Publishers
Page : 296 pages
File Size : 50,8 Mb
Release : 1984
Category : Law
ISBN : UOM:39015009199871

Get Book

United Nations Law Making by Edward McWhinney Pdf

UNESCO pub. Study of the role of UN in the development of legal theories and practice in international law - examines international sources of law such as resolutions of the General Assembly and the Security Council, judicial decisions of the ICJ, etc.; considers the impact of political ideologies and international relations on recognition of the right of self determination and the new international economic order. References.

Ordering Anarchy

Rein Müllerson
Ordering Anarchy Book PDF

Author : Rein Müllerson
Publisher : BRILL
Page : 399 pages
File Size : 52,7 Mb
Release : 2021-10-01
Category : Law
ISBN : 9789004482609

Get Book

Ordering Anarchy by Rein Müllerson Pdf

The end of the Cold War has released some hitherto suppressed trends in international society that are reshaping international order, such as globalization and its nemesis - fragmentation. This volume analyzes the current transformation of the character of the state as the principal actor of international society and related changes in the structure of international society. International law, especially its fundamental principles, such as sovereign equality of states, non-use of force, non-interference, respect for human rights, and self-determination of peoples, reflect some basic characteristics of the state and the structure of international society. Because of significant changes going on in the latter, many crucial principles of international law have ceased to reflect the reality. Moreover, fundamental principles often come into conflict with each other since they reflect main characteristics of different international societies -- Westphalian and post-Westphalian.

International Law and Transition to Peace in Colombia

César Rojas-Orozco
International Law and Transition to Peace in Colombia Book PDF

Author : César Rojas-Orozco
Publisher : Theory and Practice of Public
Page : 195 pages
File Size : 42,7 Mb
Release : 2021
Category : Law
ISBN : 9004440526

Get Book

International Law and Transition to Peace in Colombia by César Rojas-Orozco Pdf

"In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world"--

Trilateral Perspectives on International Legal Issues: Relevance of Domestic Law and Policy

Iwasawa
Trilateral Perspectives on International Legal Issues Relevance of Domestic Law and Policy Book PDF

Author : Iwasawa
Publisher : Martinus Nijhoff Publishers
Page : 636 pages
File Size : 52,8 Mb
Release : 2023-11-27
Category : Business & Economics
ISBN : 9789004640658

Get Book

Trilateral Perspectives on International Legal Issues: Relevance of Domestic Law and Policy by Iwasawa Pdf

Published under the auspices of the American Society of International Law. This book provides a valuable discussion of international law-making, dispute resolution, and international enforcement. . . Receil, Vol. 7, Issue 2 Prominent international law experts from the U.S., Japan, and Canada discuss some of the vital matters "afloat" in the intersecting areas of national and international law, including important issues relating to the Law of the Sea, Environmental Law, Extraterritorial Application of Domestic Law in the Fields of Trade and Economic Regulation, Japan-North American Economic Frictions, and other developments in the post-Cold War world. Published under the Transnational Publishers imprint.

Events: The Force of International Law

Fleur Johns,Richard Joyce,Sundhya Pahuja
Events The Force of International Law Book PDF

Author : Fleur Johns,Richard Joyce,Sundhya Pahuja
Publisher : Routledge
Page : 312 pages
File Size : 42,7 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.

International Law and Post-Conflict Reconstruction Policy

Matthew Saul,James A. Sweeney
International Law and Post Conflict Reconstruction Policy Book PDF

Author : Matthew Saul,James A. Sweeney
Publisher : Routledge
Page : 322 pages
File Size : 54,8 Mb
Release : 2015-05-15
Category : Law
ISBN : 9781317669913

Get Book

International Law and Post-Conflict Reconstruction Policy by Matthew Saul,James A. Sweeney Pdf

The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.