Law Making In The International Community

Author : Gennadiĭ Mikhaĭlovich Danilenko
Publisher : Martinus Nijhoff Publishers
Page : 364 pages
File Size : 51,6 Mb
Release : 1993-01-01
Category : Law
ISBN : 0792320395

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Law-Making in the International Community by Gennadiĭ Mikhaĭlovich Danilenko Pdf

As the world approaches the end of the twentieth century it becomes clear that the global legal system governing relations between the members of the international community is passing through a period of profound change. The traditional lawmaking techniques, established largely at the beginning of this century, were constituted so as to provide for only gradual reforms within a limited and homogeneous community of states. Faced with a growing number of global problems, the international community has discovered that the traditional legal system lacks effective procedures for rapid generation of new international legal norms. "Law-Making in the International Community" examines to what extent the transformations in the social and the legal infrastructures of the international community have affected the traditional rules, determining how international law is to be made or changed. By focusing on actual state practice, official statements of governments and the pronouncements of the World Court, this book seeks to clarify the content and significance of the existing community consensus concerning the authoritative methods of lawmaking.

Author : G.M. Danilenko
Publisher : BRILL
Page : 360 pages
File Size : 47,9 Mb
Release : 2024-01-15
Category : Law
ISBN : 9789004635098

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Law-Making in the International Community by G.M. Danilenko Pdf

As the world approaches the end of the twentieth century it becomes clear that the global legal system governing relations between the members of the international community is passing through a period of profound change. The traditional lawmaking techniques, established largely at the beginning of this century, were constituted so as to provide for only gradual reforms within a limited and homogeneous community of states. Faced with a growing number of global problems, the international community has discovered that the traditional legal system lacks effective procedures for rapid generation of new international legal norms. Law-Making in the International Community examines to what extent the transformations in the social and the legal infrastructures of the international community have affected the traditional rules, determining how international law is to be made or changed. By focusing on actual state practice, official statements of governments and the pronouncements of the World Court, this book seeks to clarify the content and significance of the existing community consensus concerning the authoritative methods of lawmaking.

Author : Antonio Cassese,Joseph H. H. Weiler,Joseph Weiler
Publisher : Walter de Gruyter
Page : 234 pages
File Size : 52,5 Mb
Release : 1988
Category : Law
ISBN : 3110114941

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Change and Stability in International Law-making by Antonio Cassese,Joseph H. H. Weiler,Joseph Weiler Pdf

Based on the proceedings of two international colloquia held at the European University Institute, Florence.

Author : Alan Boyle,Christine Chinkin
Publisher : OUP Oxford
Page : 368 pages
File Size : 46,8 Mb
Release : 2007-02-22
Category : Law
ISBN : 9780191021763

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The Making of International Law by Alan Boyle,Christine Chinkin Pdf

This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

Author : Püschmann, Jonas
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 52,6 Mb
Release : 2021-10-19
Category : Political Science
ISBN : 9781800883963

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Law-Making and Legitimacy in International Humanitarian Law by Püschmann, Jonas Pdf

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Author : Edward McWhinney
Publisher : New York : Holmes & Meier Publishers
Page : 296 pages
File Size : 40,6 Mb
Release : 1984
Category : Law
ISBN : UOM:39015009199871

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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.

Author : Hersch Lauterpacht
Publisher : Unknown
Page : 506 pages
File Size : 53,7 Mb
Release : 1933
Category : Arbitration (International law).
ISBN : UCSC:32106001231650

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The Function of Law in the International Community by Hersch Lauterpacht Pdf

Author : Elisabeth Bürgi Bonanomi
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 51,6 Mb
Release : 2015-09-25
Category : Business & Economics
ISBN : 9781784717278

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Sustainable Development in International Law Making and Trade by Elisabeth Bürgi Bonanomi Pdf

This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.

Author : Mary Ellen O'Connell
Publisher : Cambridge University Press
Page : 331 pages
File Size : 40,6 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781108426664

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The Art of Law in the International Community by Mary Ellen O'Connell Pdf

Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.

Author : Rain Liivoja,Jarna Petman
Publisher : Routledge
Page : 411 pages
File Size : 48,9 Mb
Release : 2014-01-10
Category : Law
ISBN : 9781135116057

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International Law-making by Rain Liivoja,Jarna Petman Pdf

This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.

Author : Anonim
Publisher : Unknown
Page : 472 pages
File Size : 54,9 Mb
Release : 1998
Category : International law
ISBN : UOM:39015042761570

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Making Better International Law by Anonim Pdf

This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.

Author : James Crawford,Martti Koskenniemi,Surabhi Ranganathan
Publisher : Cambridge University Press
Page : 485 pages
File Size : 40,5 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780521190886

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The Cambridge Companion to International Law by James Crawford,Martti Koskenniemi,Surabhi Ranganathan Pdf

A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.

Author : Emer de Vattel
Publisher : Unknown
Page : 668 pages
File Size : 44,6 Mb
Release : 1856
Category : International law
ISBN : HARVARD:32044103162251

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The Law of Nations by Emer de Vattel Pdf

Author : Nicolas Adell,Regina F. Bendix,Chiara Bortolotto,Markus Tauschek
Publisher : Göttingen University Press
Page : 324 pages
File Size : 42,8 Mb
Release : 2015
Category : Communities of practice
ISBN : 9783863952051

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Between Imagined Communities and Communities of Practice by Nicolas Adell,Regina F. Bendix,Chiara Bortolotto,Markus Tauschek Pdf

Community and participation have become central concepts in the nomination processes surrounding heritage, intersecting time and again with questions of territory. In this volume, anthropologists and legal scholars from France, Germany, Italy and the USA take up questions arising from these intertwined concerns from diverse perspectives: How and by whom were these concepts interpreted and re-interpreted, and what effects did they bring forth in their implementation? What impact was wielded by these terms, and what kinds of discursive formations did they bring forth? How do actors from local to national levels interpret these new components of the heritage regime, and how do actors within heritage-granting national and international bodies work it into their cultural and political agency? What is the role of experts and expertise, and when is scholarly knowledge expertise and when is it partisan? How do bureaucratic institutions translate the imperative of participation into concrete practices? Case studies from within and without the UNESCO matrix combine with essays probing larger concerns generated by the valuation and valorization of culture.

Author : Jan Klabbers,Anne Peters,Geir Ulfstein
Publisher : OUP Oxford
Page : 414 pages
File Size : 40,6 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780191615917

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The Constitutionalization of International Law by Jan Klabbers,Anne Peters,Geir Ulfstein Pdf

The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.