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Author : Godefridus J. H. Hoof
Publisher : Brill Archive
Page : 342 pages
File Size : 44,9 Mb
Release : 1983-01-01
Category : Law
ISBN : 9065440852
Deals with the concept of sources of international law.
Author : Charles Sampford,Spencer Zifcak
Publisher : Routledge
Page : 360 pages
File Size : 54,8 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781317064121
General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
Author : Martti Koskenniemi
Publisher : Routledge
Page : 904 pages
File Size : 51,5 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351548168
A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
Author : Clive Parry
Publisher : Manchester University Press
Page : 140 pages
File Size : 51,6 Mb
Release : 1965
Category : International law
ISBN : 8210379456XXX
Author : Robert D. McKinlay,Richard Little
Publisher : Unknown
Page : 312 pages
File Size : 47,8 Mb
Release : 1986
Category : Business & Economics
ISBN : 0299113841
Author : Imogen Saunders
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 42,6 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509936083
This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.
Author : Hugh Thirlway
Publisher : Oxford University Press
Page : 262 pages
File Size : 51,9 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685394
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Author : Martti Koskenniemi
Publisher : Routledge
Page : 600 pages
File Size : 54,7 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351548175
A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
Author : James Crawford,Martti Koskenniemi
Publisher : Cambridge University Press
Page : 485 pages
File Size : 48,9 Mb
Release : 2012-01-26
Category : Law
ISBN : 9781107493438
This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice.
Author : Jean L. Cohen
Publisher : Cambridge University Press
Page : 455 pages
File Size : 41,5 Mb
Release : 2012-08-02
Category : Political Science
ISBN : 9781139560269
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.
Author : Samantha Besson,Jean D'Aspremont,Sévrine Knuchel
Publisher : Oxford University Press
Page : 1233 pages
File Size : 50,8 Mb
Release : 2017
Category : Law
ISBN : 9780198745365
This handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.--
Author : Charles J. G. Sampford,Spencer Zifcak,Derya Aydın Okur
Publisher : Unknown
Page : 344 pages
File Size : 44,9 Mb
Release : 2015
Category : International law
ISBN : 1315606070
Author : Hugh Thirlway
Publisher : OUP Oxford
Page : 262 pages
File Size : 49,8 Mb
Release : 2014-03-27
Category : Law
ISBN : 9780191508592
In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Courts Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Courts structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.
Author : Vladimir Đuro Degan
Publisher : Martinus Nijhoff Publishers
Page : 592 pages
File Size : 54,8 Mb
Release : 1997-05-21
Category : Law
ISBN : 9041104216
A. PARTIES TO A TREATY.
Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : 128 pages
File Size : 51,7 Mb
Release : 2017-02-16
Category : Law
ISBN : 9781108107938
Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
