The Function Of Public International Law

Author : Jan Anne Vos
Publisher : Springer Science & Business Media
Page : 300 pages
File Size : 54,7 Mb
Release : 2013-02-26
Category : Law
ISBN : 9789067048613

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The Function of Public International Law by Jan Anne Vos Pdf

This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.

Author : Mary Ellen O'Connell
Publisher : Oxford University Press
Page : 408 pages
File Size : 53,8 Mb
Release : 2011-05-10
Category : Political Science
ISBN : 0199831025

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The Power and Purpose of International Law by Mary Ellen O'Connell Pdf

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

Author : Hersch Lauterpacht
Publisher : Oxford University Press, USA
Page : 526 pages
File Size : 52,6 Mb
Release : 2011
Category : Law
ISBN : 9780199608812

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The Function of Law in the International Community by Hersch Lauterpacht Pdf

First published in 1933, this is one of the seminal works on international law, written by a legendary scholar in the field. This republication, featuring a new introduction by Professor Martti Koskenniemi, once again makes this book available to scholars and students in this area.

Author : Catharine Titi
Publisher : Oxford University Press
Page : 224 pages
File Size : 53,5 Mb
Release : 2021-06-11
Category : Law
ISBN : 9780192638274

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The Function of Equity in International Law by Catharine Titi Pdf

This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

Author : Gideon Boas
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 49,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857939562

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Public International Law by Gideon Boas Pdf

'Gideon Boas's experience as an international litigator and his renown as an academic practitioner means he was well-placed to write a book on international law that both covers this growing field and enters it at key moments to illustrate important themes. This book accomplishes the difficult task of offering a wide-ranging perspective on the whole field, as well as conveying the ferment that surrounds it. Students of international law will derive great benefit from it.' – Gerry Simpson, University of Melbourne, Australia Public International Law offers a comprehensive understanding of international law as well as a fresh and highly accessible approach. While explaining the theory and development of international law, this work also examines how it functions in practice. Case studies and recent examples are infused in the discussion on each topic, and critical perspectives on the principles are given prominence, building an understanding of how and why the international legal system operates in the way it does and where it is heading. For each principle, the book starts by explaining the theoretical foundations in detail before illustrating how these principles function in practice. Features include: • a focus on fundamental principles of international law rather than specialist sub-topics; • integrated and contextual explanation of political and extra-legal dimension of international legal system; • principles of international law placed within a contemporary real-life context; • traditional and contemporary case studies explained in the context of legal principles; and • uniform structure to facilitate understanding. With insight founded on the author's many years of experience as a practitioner and academic in the field of international law, this work will offer legal practitioners, policy makers and students, both undergraduate and postgraduate, an invaluable insight into the field of international law.

Author : Benedetto Conforti
Publisher : BRILL
Page : 229 pages
File Size : 40,8 Mb
Release : 2023-12-04
Category : Law
ISBN : 9789004637948

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International Law and the Role of Domestic Legal Systems by Benedetto Conforti Pdf

This book is an updated version of the General Course on public international law given by the author in French at the Hague Academy of International Law in 1988. It provides an outline of the Law of Nations in a perspective that focuses on its application and development through domestic courts and other `legal actors'. It is based on the idea that international law is no longer the exclusive province of diplomats but must evolve under the guidance of all State organs charged with applying the law.

Author : Gideon Boas
Publisher : Edward Elgar Publishing
Page : 439 pages
File Size : 49,8 Mb
Release : 2023-01-20
Category : Law
ISBN : 9781803925974

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Public International Law by Gideon Boas Pdf

The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice.

Author : Académie de Droit International de la Ha Staff,Shabtai Rosenne
Publisher : Martinus Nijhoff Publishers
Page : 488 pages
File Size : 41,5 Mb
Release : 2002
Category : Law
ISBN : 9041117466

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The Perplexities of Modern International Law by Académie de Droit International de la Ha Staff,Shabtai Rosenne Pdf

The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. 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," The contents of this volume consist of: - The Perplexities of Modern International Law. General Course on Public International Law by Sh. ROSENNE, former Ambassador of Israel, Jerusalem. To access the abstract texts for this volume please click here

Author : Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
Publisher : BRILL
Page : 474 pages
File Size : 47,9 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004390935

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General Principles and the Coherence of International Law by Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters Pdf

General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.

Author : J. G. Merrills
Publisher : Unknown
Page : 172 pages
File Size : 47,8 Mb
Release : 1981
Category : Law
ISBN : STANFORD:36105043745061

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Anatomy of International Law by J. G. Merrills Pdf

1. The creation of the law

Author : Pedro J. Martinez-Fraga,C. Ryan Reetz
Publisher : Cambridge University Press
Page : 471 pages
File Size : 47,6 Mb
Release : 2015-02-19
Category : Law
ISBN : 9781107081741

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Public Purpose in International Law by Pedro J. Martinez-Fraga,C. Ryan Reetz Pdf

This text explores how the public purpose doctrine reconciles the conflicting obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. It examines the multiple permutations and iterations of the doctrine and the inherent fundamental flaws that lead to disparities in the relationship between investors and states.

Author : Pierre Larouche,Péter Cserne
Publisher : Springer Science & Business Media
Page : 386 pages
File Size : 48,9 Mb
Release : 2012-11-27
Category : Law
ISBN : 9789067048859

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National Legal Systems and Globalization by Pierre Larouche,Péter Cserne Pdf

This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 55,6 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 : Emer de Vattel
Publisher : Unknown
Page : 668 pages
File Size : 50,8 Mb
Release : 1856
Category : International law
ISBN : HARVARD:32044103162251

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The Law of Nations by Emer de Vattel Pdf

Author : C. G. Weeramantry
Publisher : Martinus Nijhoff Publishers
Page : 553 pages
File Size : 44,9 Mb
Release : 2004
Category : Law
ISBN : 9789004138384

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Universalising International Law by C. G. Weeramantry Pdf

Universalising international law is one of the most urgent tasks awaiting those who wish to advance the discipline. Though all the world acknowledges its universal nature, it has long been confined in a largely monocultural mould. Indeed a tendency is sometimes discernible for international law to be compartmentalised and to function within a close cabinet of technical rules little known to those outside the ranks of specialists. This volume looks initially at some general aspects of universalisation. It thereafter adopts a universalist approach to some of the sources of international law and it deals with peace, the bedrock of international law, which likewise requires a universalist approach. It is hoped that these studies will highlight the imperative need that now exists for extending the conceptual framework of international law, thereby buttressing its moral authority and widening its appeal at a time when universal acceptance of international law is one of the most pressing demands of the international system.