The Individual In The International Legal System

Author : Kate Parlett
Publisher : Cambridge University Press
Page : 463 pages
File Size : 49,7 Mb
Release : 2011-04-14
Category : Law
ISBN : 9781139499972

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The Individual in the International Legal System by Kate Parlett Pdf

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 50,7 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Author : Astrid Kjeldgaard-Pedersen
Publisher : Oxford University Press
Page : 320 pages
File Size : 42,8 Mb
Release : 2018-08-09
Category : Law
ISBN : 9780192552334

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The International Legal Personality of the Individual by Astrid Kjeldgaard-Pedersen Pdf

This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.

Author : Malcolm David Evans
Publisher : Oxford University Press, USA
Page : 949 pages
File Size : 53,9 Mb
Release : 2014
Category : Law
ISBN : 9780199654673

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International Law by Malcolm David Evans Pdf

Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.

Author : Jean d'Aspremont
Publisher : Taylor & Francis
Page : 496 pages
File Size : 52,5 Mb
Release : 2011-04-20
Category : Law
ISBN : 9781136724930

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Participants in the International Legal System by Jean d'Aspremont Pdf

The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.

Author : Roland Portmann
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,8 Mb
Release : 2010-08-26
Category : Law
ISBN : 9781139493222

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Legal Personality in International Law by Roland Portmann Pdf

Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Author : Curtis A. Bradley
Publisher : Oxford University Press
Page : 409 pages
File Size : 46,8 Mb
Release : 2020-12-01
Category : Law
ISBN : 9780197525630

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International Law in the US Legal System by Curtis A. Bradley Pdf

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 50,5 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 : Anne Peters,Senior Research Fellow Tom Sparks,Tom Sparks
Publisher : Oxford University Press
Page : 449 pages
File Size : 55,5 Mb
Release : 2024-06-14
Category : Law
ISBN : 9780198898917

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The Individual in International Law by Anne Peters,Senior Research Fellow Tom Sparks,Tom Sparks Pdf

The Individual in International Law collects the work of esteemed scholars to examine the effects of humanisation on international law, and how individual status, rights, and obligations have changed the international legal system throughout history and into the present day.

Author : Lyal S. Sunga
Publisher : BRILL
Page : 252 pages
File Size : 49,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479845

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Individual Responsibility in International Law for Serious Human Rights Violations by Lyal S. Sunga Pdf

What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.

Author : Kate Parlett
Publisher : Unknown
Page : 128 pages
File Size : 46,5 Mb
Release : 2011
Category : Electronic
ISBN : 1139069918

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The Individual in the International Legal System by Kate Parlett Pdf

Author : Erika De Wet,Jure Vidmar
Publisher : Oxford University Press
Page : 365 pages
File Size : 52,7 Mb
Release : 2012-03
Category : Law
ISBN : 9780199647071

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Hierarchy in International Law by Erika De Wet,Jure Vidmar Pdf

The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.

Author : J. G. Merrills
Publisher : Manchester University Press
Page : 354 pages
File Size : 42,5 Mb
Release : 1993
Category : Civil rights
ISBN : 0719045606

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The Development of International Law by the European Court of Human Rights by J. G. Merrills Pdf

The rule of law.

Author : Emer de Vattel
Publisher : Unknown
Page : 668 pages
File Size : 40,5 Mb
Release : 1856
Category : International law
ISBN : HARVARD:32044103162251

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The Law of Nations by Emer de Vattel Pdf

Author : Onuma Yasuaki,Yasuaki Ōnuma
Publisher : Cambridge University Press
Page : 733 pages
File Size : 50,7 Mb
Release : 2017-02-15
Category : Law
ISBN : 9781107024731

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International Law in a Transcivilizational World by Onuma Yasuaki,Yasuaki Ōnuma Pdf

This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.