The Crisis Of Multilateral Legal Order

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The Crisis of Multilateral Legal Order

Author : Lukasz Gruszczynski,Marcin Menkes,Veronika Bilkova,Paolo Farah
Publisher : Taylor & Francis
Page : 329 pages
File Size : 42,8 Mb
Release : 2022-09-15
Category : Law
ISBN : 9781000635331

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The Crisis of Multilateral Legal Order by Lukasz Gruszczynski,Marcin Menkes,Veronika Bilkova,Paolo Farah Pdf

Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs. The signs of the crisis have been visible for some time – but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)). Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.

How International Law Works in Times of Crisis

Author : George Ulrich,Ineta Ziemele
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 52,8 Mb
Release : 2019
Category : Law
ISBN : 9780198849667

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How International Law Works in Times of Crisis by George Ulrich,Ineta Ziemele Pdf

For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Crisis Narratives in International Law

Author : Makane Moïse Mbengue,Jean D'Aspremont
Publisher : BRILL
Page : 208 pages
File Size : 51,5 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004472365

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Crisis Narratives in International Law by Makane Moïse Mbengue,Jean D'Aspremont Pdf

This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.

International Institutional Law

Author : Henry G. Schermers,Niels M. Blokker
Publisher : BRILL
Page : 1309 pages
File Size : 49,8 Mb
Release : 2011-09-05
Category : Law
ISBN : 9789004187979

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International Institutional Law by Henry G. Schermers,Niels M. Blokker Pdf

This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.

The Power of Cities in International Relations

Author : Simon Curtis
Publisher : Routledge
Page : 201 pages
File Size : 49,8 Mb
Release : 2014-04-16
Category : Political Science
ISBN : 9781317915867

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The Power of Cities in International Relations by Simon Curtis Pdf

Cities have become increasingly important to global politics, but have largely occupied a peripheral place in the academic study of International Relations (IR). This is a notable oversight for the discipline, although one which may be explained by IR’s traditional state centrism, the subjugation of the city to the demands of the territorial state in the modern period, and a lack of conceptual and analytical frameworks that can allow scholars to include the impact of cities within their work. Presenting case-specific scholarship from leading experts in the field, each contribution guides the reader through the changing nature of cities in the international system and their increasing prominence in global governance outcomes. The book features case studies on the financial power of cities, city action in the security domain, collaboration of cities in coping with environmental problems, transnational urban regions, and mayors as international actors to illustrate if the relationship between the city and the state has changed in profound ways, and how cities are empowered by structural changes in world politics. The multidisciplinary and global focus in The Power of Cities in International Relations sheds much needed light on the significance of the reemergence of cities from the long shadow of the nation-state. Only by examining the mechanisms that have empowered cities in the last few decades can we understand their new functions and capabilities in global politics.

Essentials of WTO Law

Author : Peter Van den Bossche,Denise Prévost
Publisher : Cambridge University Press
Page : 349 pages
File Size : 42,7 Mb
Release : 2016-04-02
Category : Law
ISBN : 9781107638938

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Essentials of WTO Law by Peter Van den Bossche,Denise Prévost Pdf

This concise and reader-friendly overview of WTO law is essential reading for anyone needing an introduction to this complex field.

The Law and Policy of the World Trade Organization

Author : Peter Van den Bossche
Publisher : Cambridge University Press
Page : 784 pages
File Size : 47,5 Mb
Release : 2005-06-10
Category : Law
ISBN : 1139445553

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The Law and Policy of the World Trade Organization by Peter Van den Bossche Pdf

This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.

Shari'a and the Constitution in Contemporary Legal Models

Author : Federico Lorenzo Ramaioli
Publisher : Springer Nature
Page : 304 pages
File Size : 55,9 Mb
Release : 2024
Category : Comparative law
ISBN : 9783031378362

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Shari'a and the Constitution in Contemporary Legal Models by Federico Lorenzo Ramaioli Pdf

Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea

Beyond the Established Legal Orders

Author : Malcolm Evans,Panos Koutrakos
Publisher : Bloomsbury Publishing
Page : 372 pages
File Size : 42,6 Mb
Release : 2011-04-19
Category : Law
ISBN : 9781847316462

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Beyond the Established Legal Orders by Malcolm Evans,Panos Koutrakos Pdf

A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.

Secondary Rules of Primary Importance in International Law

Author : Gábor Kajtár,Basak Çali,Marko Milanovic
Publisher : Oxford University Press
Page : 369 pages
File Size : 44,6 Mb
Release : 2022-10-31
Category : Law
ISBN : 9780192695611

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Secondary Rules of Primary Importance in International Law by Gábor Kajtár,Basak Çali,Marko Milanovic Pdf

The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.

Juridical Perspectives between Islam and the West

Author : Federico Lorenzo Ramaioli
Publisher : Springer Nature
Page : 296 pages
File Size : 50,9 Mb
Release : 2024-01-01
Category : Political Science
ISBN : 9783031378447

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Juridical Perspectives between Islam and the West by Federico Lorenzo Ramaioli Pdf

This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".

Reimagining the International Legal Order

Author : Vesselin Popovski,Ankit Malhotra
Publisher : Taylor & Francis
Page : 365 pages
File Size : 43,8 Mb
Release : 2023-07-24
Category : Law
ISBN : 9781000915372

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Reimagining the International Legal Order by Vesselin Popovski,Ankit Malhotra Pdf

International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.

The Oxford Handbook of Legal Studies

Author : Peter Cane,Mark V. Tushnet
Publisher : Oxford University Press, USA
Page : 1071 pages
File Size : 49,7 Mb
Release : 2005
Category : Law
ISBN : 0199248176

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The Oxford Handbook of Legal Studies by Peter Cane,Mark V. Tushnet Pdf

This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.

Transnational Legal Orders

Author : Terence C. Halliday,Gregory Shaffer
Publisher : Cambridge University Press
Page : 559 pages
File Size : 40,8 Mb
Release : 2015-01-19
Category : Law
ISBN : 9781107069923

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Transnational Legal Orders by Terence C. Halliday,Gregory Shaffer Pdf

"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

The Syrian Conflict's Impact on International Law

Author : Michael P. Scharf,Milena Sterio,Paul R. Williams
Publisher : Cambridge University Press
Page : 237 pages
File Size : 51,9 Mb
Release : 2020-03-26
Category : History
ISBN : 9781108491532

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The Syrian Conflict's Impact on International Law by Michael P. Scharf,Milena Sterio,Paul R. Williams Pdf

Written as the decade-long Syria conflict nears an end, this book explores changes in International Law brought about by the conflict.