Promises Of States Under International Law

Author : Christian Eckart
Publisher : Unknown
Page : 335 pages
File Size : 45,5 Mb
Release : 2012
Category : Electronic books
ISBN : 1472565819

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Promises of States Under International Law by Christian Eckart Pdf

Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level. The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law. After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'être for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty. This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.

Author : Przemyslaw Saganek
Publisher : BRILL
Page : 670 pages
File Size : 43,7 Mb
Release : 2015-11-20
Category : Law
ISBN : 9789004274617

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Unilateral Acts of States in Public International Law by Przemyslaw Saganek Pdf

In Unilateral Acts of States in Public International Law Przemysław Saganek discusses an important source of States’ obligations. The aim is to discover the nature of unilateral acts and possibilities of codifying them in a single set of rules.

Author : J. Martin Rochester
Publisher : CQ Press
Page : 385 pages
File Size : 42,8 Mb
Release : 2011-11-08
Category : Political Science
ISBN : 9781483301617

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Between Peril and Promise by J. Martin Rochester Pdf

In this concise introduction to international law, students gain a clear appreciation for how politics shapes the development of international law, and how international law shapes political relations between states. Throughout the book, Rochester takes this complex subject and makes it accessible with his vibrant, easy-to-read prose.

Author : Karel Wellens
Publisher : BRILL
Page : 841 pages
File Size : 48,7 Mb
Release : 2023-12-04
Category : Law
ISBN : 9789004640948

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International Law: Theory and Practice by Karel Wellens Pdf

Author : Christian Eckart
Publisher : Bloomsbury Publishing
Page : 356 pages
File Size : 47,7 Mb
Release : 2012-01-10
Category : Law
ISBN : 9781847318787

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Promises of States under International Law by Christian Eckart Pdf

Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level. The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law. After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'être for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty. This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.

Author : Lucrecia García Iommi,Richard W Maass
Publisher : University of Michigan Press
Page : 365 pages
File Size : 45,9 Mb
Release : 2022-07-26
Category : Political Science
ISBN : 9780472220274

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The United States and International Law by Lucrecia García Iommi,Richard W Maass Pdf

The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 48,6 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : Alexandra Harmon,John Borrows
Publisher : University of Washington Press
Page : 384 pages
File Size : 51,6 Mb
Release : 2012-01-01
Category : Political Science
ISBN : 9780295800462

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The Power of Promises by Alexandra Harmon,John Borrows Pdf

Treaties with Native American groups in the Pacific Northwest have had profound and long-lasting implications for land ownership, resource access, and political rights in both the United States and Canada. In The Power of Promises, a distinguished group of scholars, representing many disciplines, discuss the treaties' legacies. In North America, where treaties have been employed hundreds of times to define relations between indigenous and colonial societies, many such pacts have continuing legal force, and many have been the focus of recent, high-stakes legal contests. The Power of Promises shows that Indian treaties have implications for important aspects of human history and contemporary existence, including struggles for political and cultural power, law's effect on people's self-conceptions, the functions of stories about the past, and the process of defining national and ethnic identities.

Author : Sanford Levinson
Publisher : Oxford University Press
Page : 326 pages
File Size : 49,5 Mb
Release : 2006
Category : Philosophy
ISBN : 9780195306460

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Torture by Sanford Levinson Pdf

This collection of essays will address some of the most controversial issues surrounding torture: how it is used by governments, legal definitions of torture, the theological implications of torturing, torture in declared states of emergency and why it should be prohibited.

Author : V.D. Degan
Publisher : BRILL
Page : 582 pages
File Size : 42,5 Mb
Release : 2024-01-15
Category : Law
ISBN : 9789004635203

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Sources of International Law by V.D. Degan Pdf

Many different, and even opposite, meanings are ascribed to the term `sources' of international law. The author of this work goes back to the meaning of the term `source' in general (spring or well) and analyses in detail the various sources of international law. He first explains the sources of general, and then those of particular international law. He starts with general principles of law, which is followed by common features of customary process of whatsoever kind, and then by general and by particular customary law. Custom will be followed by unilateral acts of States and with opposable situations in international law which are closely linked with this kind of sources of international law. The explanation ends with treaties in regard to which there are the least doctrinal controversies. The explanation cannot be quite homogeneous. There are still deep doctrinal misunderstandings in respect to general principles of law and of unilateral acts of States. The author therefore offers a critical analysis of representative views of other authors and tries to reach solutions to problems presented. He also gives a systematic explanation of recent pronouncements of international courts and tribunals with regard to customary law, and he examines the specific solutions prescribed in the 1969 Vienna Convention on the Law of Treaties.

Author : Anonim
Publisher : Unknown
Page : 32 pages
File Size : 52,9 Mb
Release : 1978
Category : Civil rights
ISBN : OCLC:467193920

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The Universal Declaration of Human Rights by Anonim Pdf

Author : N Jansen Calamita,Ayelet Berman
Publisher : Unknown
Page : 128 pages
File Size : 50,7 Mb
Release : 2023-02
Category : Electronic
ISBN : 1009153005

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Investment Treaties and the Rule of Law Promise Investment Treaties and the Rule of Law Promise by N Jansen Calamita,Ayelet Berman Pdf

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 390 pages
File Size : 50,7 Mb
Release : 1985-04-22
Category : Law
ISBN : 9024731666

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Recueil Des Cours 1984 by Anonim Pdf

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Author : André Nollkaemper,Dov Jacobs,Jessica N. M. Schechinger
Publisher : Cambridge University Press
Page : 473 pages
File Size : 49,9 Mb
Release : 2015-09-18
Category : Law
ISBN : 9781107107083

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Distribution of Responsibilities in International Law by André Nollkaemper,Dov Jacobs,Jessica N. M. Schechinger Pdf

Exploring theoretical foundations for the distribution of shared responsibility, this book provides a basis for the development of international law.

Author : Ralph Gaebler,Alison Shea
Publisher : Martinus Nijhoff Publishers
Page : 590 pages
File Size : 42,5 Mb
Release : 2014-06-05
Category : Law
ISBN : 9789004272224

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Sources of State Practice in International Law by Ralph Gaebler,Alison Shea Pdf

Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law. Sources of State Practice in International Law is an indispensable reference for researchers in both international law and international relations. Contributors: Jennifer Allison, Martin Bouda, Rob Britt, Talia Einhorn, Victor Essien, Gabriela Femenia, Ralph F. Gaebler, Susan Gualtier, Ryan Harrington, Carole L. Hinchcliff, Marci Hoffman, Vera Korzun, Jootaek (Juice) Lee, Joseph Luke, Evelyn Ma, Teresa M. Miguel-Stearns, Dana Neacsu, Kara Phillips, Sunil Rao, Mary Rumsey, Alison A. Shea, Maria I. Smolka-Day, Suzanne Thorpe and Beatrice Tice