Legitimacy And Legality In International Law

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Legitimacy and Legality in International Law

Jutta Brunnée,Stephen J. Toope
Legitimacy and Legality in International Law Book PDF

Author : Jutta Brunnée,Stephen J. Toope
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,9 Mb
Release : 2010-08-05
Category : Law
ISBN : 9781139491471

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Legitimacy and Legality in International Law by Jutta Brunnée,Stephen J. Toope Pdf

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Legitimacy in International Law

Rüdiger Wolfrum,Volker Röben
Legitimacy in International Law Book PDF

Author : Rüdiger Wolfrum,Volker Röben
Publisher : Springer Science & Business Media
Page : 422 pages
File Size : 54,8 Mb
Release : 2008-02-26
Category : Law
ISBN : 9783540777649

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Legitimacy in International Law by Rüdiger Wolfrum,Volker Röben Pdf

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Globalization and Sovereignty

Jean L. Cohen
Globalization and Sovereignty Book PDF

Author : Jean L. Cohen
Publisher : Cambridge University Press
Page : 455 pages
File Size : 48,5 Mb
Release : 2012-08-02
Category : Political Science
ISBN : 9781139560269

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Globalization and Sovereignty by Jean L. Cohen Pdf

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Legitimacy & Legality in Intl Law

Anonim
Legitimacy Legality in Intl Law Book PDF

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 53,9 Mb
Release : 2010
Category : Electronic
ISBN : OCLC:729022536

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Legitimacy & Legality in Intl Law by Anonim Pdf

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Legality and Legitimacy in Global Affairs

Richard Falk,Mark Juergensmeyer,Vesselin Popovski
Legality and Legitimacy in Global Affairs Book PDF

Author : Richard Falk,Mark Juergensmeyer,Vesselin Popovski
Publisher : Oxford University Press
Page : 468 pages
File Size : 44,9 Mb
Release : 2012-04-19
Category : History
ISBN : 9780199781577

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Legality and Legitimacy in Global Affairs by Richard Falk,Mark Juergensmeyer,Vesselin Popovski Pdf

"Legality and legitimacy in global affairs edited by Richard Falk, Mark Juergensmeyer, and Vesselin Popovski, brings together analyses of controversial events in international politics from top experts in field ; combines approaches to involvement between nations from across the social science disciplines ; approaches contemporary international relations from a philosophical, ethical, and legal standpoint" --

Unlawful Territorial Situations in International Law

Enrico Milano
Unlawful Territorial Situations in International Law Book PDF

Author : Enrico Milano
Publisher : BRILL
Page : 348 pages
File Size : 54,7 Mb
Release : 2005-12-01
Category : Law
ISBN : 9789047417743

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Unlawful Territorial Situations in International Law by Enrico Milano Pdf

This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.

Beyond Human Rights

Anne Peters
Beyond Human Rights Book PDF

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 51,6 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Legitimacy in International Law

Rudiger Wolfrum,Volker Röben
Legitimacy in International Law Book PDF

Author : Rudiger Wolfrum,Volker Röben
Publisher : Springer
Page : 422 pages
File Size : 48,9 Mb
Release : 2009-09-03
Category : Law
ISBN : 354084726X

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Legitimacy in International Law by Rudiger Wolfrum,Volker Röben Pdf

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

The Cambridge Companion to International Law

James Crawford,Martti Koskenniemi,Surabhi Ranganathan
The Cambridge Companion to International Law Book PDF

Author : James Crawford,Martti Koskenniemi,Surabhi Ranganathan
Publisher : Cambridge University Press
Page : 485 pages
File Size : 46,9 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.

The Power of Legality

Nikolas M. Rajkovic,Tanja E. Aalberts,Thomas Gammeltoft-Hansen
The Power of Legality Book PDF

Author : Nikolas M. Rajkovic,Tanja E. Aalberts,Thomas Gammeltoft-Hansen
Publisher : Cambridge University Press
Page : 407 pages
File Size : 48,9 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781107145054

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The Power of Legality by Nikolas M. Rajkovic,Tanja E. Aalberts,Thomas Gammeltoft-Hansen Pdf

Legality today commands substantial currency in world affairs, and this volume examines the struggle over its meaning in diverse practices.

The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia

Nina H.B. Jørgensen
The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia Book PDF

Author : Nina H.B. Jørgensen
Publisher : Edward Elgar Publishing
Page : 432 pages
File Size : 42,9 Mb
Release : 2018-04-27
Category : Law
ISBN : 9781784718077

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The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia by Nina H.B. Jørgensen Pdf

This Companion is a one-stop reference resource on the Phnom Penh based ‘Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Court’s practical and jurisprudential challenges and outcomes. Written by Nina Jørgensen, who has worked as senior adviser in the tribunal’s Pre-Trial and Supreme Court Chambers, the Companion offers both direct insights and academic analysis organized around six themes: legality, structure, proceedings, jurisprudence, legitimacy and legacy. This comprehensive Companion will provide a platform for interested sectors of domestic and international society, to assess the value of the Extraordinary Chambers, both during the tribunal’s lifespan and after it has closed its doors.

International Law in Domestic Courts

Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
International Law in Domestic Courts Book PDF

Author : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
Publisher : Oxford University Press, USA
Page : 769 pages
File Size : 40,8 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780198739746

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International Law in Domestic Courts by Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger Pdf

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

The Philosophy of International Law

Samantha Besson,John Tasioulas
The Philosophy of International Law Book PDF

Author : Samantha Besson,John Tasioulas
Publisher : Oxford University Press
Page : 626 pages
File Size : 43,8 Mb
Release : 2010-04
Category : Law
ISBN : 9780199208586

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The Philosophy of International Law by Samantha Besson,John Tasioulas Pdf

This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

War Law

Michael Byers
War Law Book PDF

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 43,5 Mb
Release : 2007-12-01
Category : Law
ISBN : 9781555848460

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War Law by Michael Byers Pdf

“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Legitimacy and Drones

Steven J. Barela
Legitimacy and Drones Book PDF

Author : Steven J. Barela
Publisher : Routledge
Page : 461 pages
File Size : 47,7 Mb
Release : 2016-03-09
Category : Technology & Engineering
ISBN : 9781317105879

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Legitimacy and Drones by Steven J. Barela Pdf

Unmanned combat air vehicles, or in common parlance 'drones', have become a prominent instrument in US efforts to counter an objective (and subjective) cross-border terrorist threat with lethal force. As a result, critical questions abound on the legitimacy of their use. In a series of multidisciplinary essays by scholars with an extensive knowledge of international norms, this book explores the question of legitimacy through the conceptual lenses of legality, morality and efficacy, it then closes with the consideration of a policy proposal aimed at incorporating all three indispensable elements. The importance of this inquiry cannot be overstated. Non-state actors fully understand that attacking the much more powerful state requires moving the conflict away from the traditional battlefield where they are at an enormous disadvantage. Those engaging in terrorism seek to goad the ruling government into an overreaction, or abuse of power, to trigger a destabilization via an erosion of its legitimacy. Thus defending the target of legitimacy”in this case, insuring the use of deadly force is constrained by valid limiting principles”represents an essential strategic interest. This book seeks to come to grips with the new reality of drone warfare by exploring if it can be used to preserve, rather than eat away at, legitimacy. After an extensive analysis of the three key parameters in twelve chapters, the practical proposition of establishing a 'Drone Court' is put forward and examined as a way of pursuing the goal of integrating these essential components to defend the citizenry and the legitimacy of the government at the same time.