Sovereignty And Interpretation Of International Norms
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Author : Carlos Fernández de Casadevante y Rom Publisher : Springer Science & Business Media Page : 325 pages File Size : 47,6 Mb Release : 2007-06-06 Category : Law ISBN : 9783540682073
Sovereignty and Interpretation of International Norms by Carlos Fernández de Casadevante y Rom Pdf
This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.
Sovereignty and Interpretation of International Norms by Carlos Fernández Pdf
This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.
Changing Norms Through Actions by Jennifer M. Ramos Pdf
How do international norms evolve? This book focuses on the most important norm in the international system-the norm of sovereignty-and argues that the extent to which norms change depends on the outcome of military intervention.
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.
Sovereignty as Symbolic Form by Jens Bartelson Pdf
This book is a critical inquiry into sovereignty and argues that the meaning and functions performed by this concept have changed significantly during the past decades, with profound implications for the ontological status of the state and the modus operandi of the international system as a whole. Although we have grown accustomed to regarding sovereignty as a defining characteristic of the modern state and as a constitutive principle of the international system, Sovereignty as Symbolic Form argues that recent changes indicate that sovereignty has been turned into something granted, contingent upon its responsible exercise in accordance with the norms and values of an imagined international community. Hence we need a new understanding of sovereignty in order to clarify the logic of its current usage in theory and practice alike, and its connection to broader concerns of social ontology: what kind of world do we inhabit, and of what kind of entities is this world composed? This book will be of interest to students of International Relations, Critical Security and International Politics.
The Interpretation of Acts and Rules in Public International Law by Alexander Orakhelashvili Pdf
This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.
Conflict of Norms in a Fragmented International Legal System. A Critical Analysis by P. R. Kalidhass Pdf
Master's Thesis from the year 2010 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A plus, Jawaharlal Nehru University, course: Master of Philosophy (M.Phil.), language: English, abstract: From the beginning of the twenty-first century the international community started addressing the issue of fragmentation of international law. In 2000, the International Law Commission (ILC) decided to include the topic "[r]isks ensuing from the fragmentation of international law" into its long-term programme of work. This initiative raises some basic questions: is international law a fragmented system? If it is so, what is the problem with the fragmentation? and how can the problem be resolved? This dissertation mainly revolves around these three major issues. It assumes that today's fragmented international law is part of historical evolution or process. In contemporary times, the term 'fragmentation' is commonly used to refer to the slicing up of international law 'into regional or functional regimes that cater for special audiences with special interests and ethos'. The most notable functional regimes are international trade law, environmental law, human rights law, humanitarian law, law of the sea and so on - when there is a collision between these regimes - than the conflict of norms becomes an unavoidable consequence - because each regime seeks favorable treatment towards its own. The absence of normative and institutional hierarchy in international law means that the evolution of such regimes is perceived by some as posing a threat to the coherence, effectiveness and predictability of international law. Others see these regimes as contributing to the development of international law. To respond to the problem of fragmentation, the ILC examined the regimes in detail and tentatively concluded that these specialized legal regimes are merely informal labels with no normative value per se - hence, it viewed that they
China's Challenge to Liberal Norms by Catherine Jones Pdf
Is China challenging liberal norms or being socialised to them? This book argues that China is incrementally pushing for re-interpretation of liberal norms, but, the result is that rather than being illiberal, this reinterpretation produces norms that are differently liberal and more akin to the liberal pluralism of the 1990s. In developing this argument, the author presents a novel way to understand and assess these incremental changes, and the causes of them. The book’s empirical chapters explore China’s views on norms of sovereignty and intervention, and aid and development, contrasting them against the current western liberal practices, but making the case that they are congruent with the attitudes understood as being broadly liberal-pluralist. This book will appeal to students seeking to understand how rising states may affect the current institutions of international order, and make assessments of how fast that order may change. It will also appeal to scholars working on China and institutions by aiding the development of new lines of enquiry.
The International Legal Order by Ingrid Detter Delupis Pdf
This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
Modification of Treaties by Subsequent Practice by Irina Buga Pdf
This book explores the process of treaty modification by subsequent practice, explaining how such practice can significantly revise treaty obligations or even create new ones, allowing evolution of the law.
Anuario de la Comisión de Derecho Internacional 2015, Vol. II Parte 1 by International Law Commission Pdf
La Comisión de Derecho Internacional (CDI) es un organismo creado por la Asamblea General de las Naciones Unidas en 1947 con el objetivo de codificar y promocionar el Derecho internacional. Su trabajo ha sido fundamental en la adopción de diversos tratados u otros instrumentos internacionales, como la Convención de Viena sobre el Derecho de los Tratados o la Corte Penal Internacional, sobre la que emitió una primera propuesta ya en 1949. Los informes anuales de la Comisión de Derecho Internacional están disponibles desde 1978. La Comisión de Derecho Internacional y su obra Disponible en Volúmenes I y II.
International Law and the Protection of People at Sea by Irini Papanicolopulu Pdf
Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.
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.
