Sovereign Equality And Moral Disagreement

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Sovereign Equality and Moral Disagreement

Author : Professor Brad R. Roth
Publisher : Oxford University Press
Page : 128 pages
File Size : 53,9 Mb
Release : 2009-12-15
Category : Law
ISBN : 9780199711598

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Sovereign Equality and Moral Disagreement by Professor Brad R. Roth Pdf

In Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, Professor Brad R. Roth provides readers with a working knowledge of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as a morally sound response to disagreements in the international realm. The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserving a state's territorial integrity and political independence, sometimes at the expense of efforts to establish a universal justice that transcends territorial boundaries. Efforts to establish a universal justice, however, need to heed the dangers of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. In Sovereign Equality and Moral Disagreement, Brad R. Roth explains that though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases.

Sovereign Equality and Moral Disagreement

Author : Brad Roth
Publisher : Oxford University Press
Page : 314 pages
File Size : 40,9 Mb
Release : 2011-11-03
Category : Language Arts & Disciplines
ISBN : 9780195342666

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Sovereign Equality and Moral Disagreement by Brad Roth Pdf

The boundaries of the international order's pluralism remain variable, and relative convergences in both values and interests over time have led to the broadening of exceptions to sovereign prerogative, such as jus cogens, universal jurisdiction, and humanitarian intervention. With little prospect of these long term trends diminishing in either momentum or scope, this book weighs in to consider the enduring importance of sovereignty.

Accessing and Implementing Human Rights and Justice

Author : Kurt Mills,Melissa Labonte
Publisher : Routledge
Page : 176 pages
File Size : 51,8 Mb
Release : 2018-12-26
Category : Political Science
ISBN : 9781351713269

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Accessing and Implementing Human Rights and Justice by Kurt Mills,Melissa Labonte Pdf

Accessing human rights and justice mechanisms is a pressing issue in global politics. Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to develop adequate means of accessing them in order to make a difference to people’s lives. Further, expansions of the boundaries of both human rights and justice make any clear and settled understanding of the relation difficult to ascertain. This volume tackles these issues by focusing on the dilemmas of accessing and implementing human rights and justice across a range of empirical contexts while also investigating a range of conceptual approaches to, and understandings of, justice, including issues of equality, retribution, and restoration, as well as justice as a transnational professional project. The contributors, representing a range of disciplinary backgrounds and diverse voices, offer empirical examples from Afghanistan, Democratic Republic of the Congo, Syria, Tunisia, and Uganda to explore the issues of accessing and implementing human rights and justice in conflict, post-conflict, and transitional settings. This work will be of interest to students and scholars of international relations, human rights, international criminal justice, and conflict response.

Peremptory Norms of General International Law (Jus Cogens)

Author : Dire Tladi
Publisher : BRILL
Page : 806 pages
File Size : 50,7 Mb
Release : 2021-08-16
Category : Law
ISBN : 9789004464124

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Peremptory Norms of General International Law (Jus Cogens) by Dire Tladi Pdf

Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

The Thin Justice of International Law

Author : Steven R. Ratner
Publisher : OUP Oxford
Page : 500 pages
File Size : 41,5 Mb
Release : 2015-01-15
Category : Law
ISBN : 9780191009112

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The Thin Justice of International Law by Steven R. Ratner Pdf

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

State Sovereignty and International Criminal Law

Author : Morten Bergsmo,LING Yan
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 42,6 Mb
Release : 2012-11-19
Category : Law
ISBN : 9788293081357

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State Sovereignty and International Criminal Law by Morten Bergsmo,LING Yan Pdf

'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

Nationalism and Globalisation

Author : Stephen Tierney
Publisher : Bloomsbury Publishing
Page : 274 pages
File Size : 42,7 Mb
Release : 2015-10-08
Category : Law
ISBN : 9781509902064

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Nationalism and Globalisation by Stephen Tierney Pdf

This book addresses a seemingly paradoxical situation. On the one hand, nationalism from Scotland to the Ukraine remains a resilient political dynamic, fostering secessionist movements below the level of the state. On the other, the competence and capacity of states, and indeed the coherence of nationalism as an ideology, are increasingly challenged by patterns of globalisation in commerce, cultural communication and constitutional authority beyond the state. It is the aim of this book to shed light on the relationship between these two processes, addressing why the political currency of nationalism remains strong even when the salience of its objective – independent and autonomous statehood – becomes ever more attenuated. The book takes an interdisciplinary approach both within law and beyond, with contributions from international law, constitutional law, constitutional theory, history, political science and sociology. The challenge for our time is considerable. Global networks grow ever more sophisticated while territorial borders, such as those in Eastern and Central Europe, become seemingly more unstable. It is hoped that this book, by bringing together areas of scholarship which have not communicated with one another as much as they might, will help develop an ongoing dialogue across disciplines with which better to understand these challenging, and potentially destabilising, developments.

Research Handbook on the Theory and Practice of International Lawmaking

Author : Catherine Brölmann,Yannick Radi
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 41,5 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781781953228

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Research Handbook on the Theory and Practice of International Lawmaking by Catherine Brölmann,Yannick Radi Pdf

The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.

The Promise of Human Rights

Author : Jamie Mayerfeld
Publisher : University of Pennsylvania Press
Page : 321 pages
File Size : 42,6 Mb
Release : 2016-04-15
Category : Political Science
ISBN : 9780812292800

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The Promise of Human Rights by Jamie Mayerfeld Pdf

International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution. The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11. Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.

Water and the Law

Author : Michael Kidd,Loretta Feris,Tumai Murombo,Alejandro Iza
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 50,5 Mb
Release : 2014-12-31
Category : Law
ISBN : 9781783479627

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Water and the Law by Michael Kidd,Loretta Feris,Tumai Murombo,Alejandro Iza Pdf

øWater and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperati

Chinese Perspectives on the International Rule of Law

Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 50,9 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781788112390

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Chinese Perspectives on the International Rule of Law by Matthieu Burnay Pdf

This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

The Global Community Yearbook of International Law and Jurisprudence 2019

Author : Giuliana Ziccardi Capaldo
Publisher : Oxford University Press, USA
Page : 913 pages
File Size : 44,5 Mb
Release : 2020-10
Category : Law
ISBN : 9780197513552

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The Global Community Yearbook of International Law and Jurisprudence 2019 by Giuliana Ziccardi Capaldo Pdf

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2019 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: a judicial knowledge sharing process as a tool for courts working together in a universal constitutional structure; the role of human rights treaty monitoring bodies in the international legal order; and an examination of the consequences of the UN compact for the safe, orderly and regular migration on international law. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.

Cultural Sovereignty beyond the Modern State

Author : Gregor Feindt,Bernhard Gissibl,Johannes Paulmann
Publisher : Walter de Gruyter GmbH & Co KG
Page : 187 pages
File Size : 48,6 Mb
Release : 2021-07-05
Category : History
ISBN : 9783110679151

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Cultural Sovereignty beyond the Modern State by Gregor Feindt,Bernhard Gissibl,Johannes Paulmann Pdf

Die Zeitschrift bietet der Erforschung der europäischen Interaktionen und der geistig-sozialen Prozesse übergreifenden Charakters ein Forum, aber auch Studien zur Ausstrahlung Europas nach Außereuropa. Jeder Band des Jahrbuchs ist einem Kernthema gewidmet, ohne dass dies die Aufnahme "sonstiger" Beiträge ausschließt. Die Zeitschrift enthält Forschungsberichte zu ausgewählten Themen. Durch eine Auswahlbibliographie des im zurückliegenden Jahr erschienenen einschlägigen Schrifttums und eine Rubrik, in der sich Europa-Institute und Europa-Projekte des In- und Auslands vorstellen, wird sein informativer Charakter noch unterstrichen.

The Shifting Allocation of Authority in International Law

Author : Tomer Broude,Yuval Shany
Publisher : Bloomsbury Publishing
Page : 429 pages
File Size : 46,5 Mb
Release : 2008-06-13
Category : Law
ISBN : 9781847314369

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The Shifting Allocation of Authority in International Law by Tomer Broude,Yuval Shany Pdf

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity. This volume will be of great interest to scholars and practitioners of international law alike.

Governmental Illegitimacy in International Law

Author : Brad R. Roth
Publisher : Unknown
Page : 476 pages
File Size : 54,8 Mb
Release : 1999
Category : Law
ISBN : 0199243018

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Governmental Illegitimacy in International Law by Brad R. Roth Pdf

When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.