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Author : Julius Stone
Publisher : Unknown
Page : 72 pages
File Size : 54,8 Mb
Release : 1962
Category : Jurisdiction (International law)
ISBN : OSU:32437000194304
Author : George Ulrich,Ineta Ziemele
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 43,8 Mb
Release : 2019
Category : Law
ISBN : 9780198849667
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.
Author : Makane Moïse Mbengue,Jean D'Aspremont
Publisher : BRILL
Page : 208 pages
File Size : 44,8 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004472365
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.
Author : Trevor C.W. Farrow,Lesley A. Jacobs
Publisher : UBC Press
Page : 369 pages
File Size : 49,7 Mb
Release : 2020-09-01
Category : Law
ISBN : 9780774863605
Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.
Author : Amedeo Postiglione,International Court of the Environment Foundation
Publisher : Unknown
Page : 110 pages
File Size : 48,5 Mb
Release : 1996
Category : Environmental law
ISBN : 880920932X
Author : Barbara Stark
Publisher : Cambridge University Press
Page : 307 pages
File Size : 40,6 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781316298992
In Civilization and its Discontents, Sigmund Freud argued that civilization itself is the major source of human unhappiness, inhibiting instincts and generating guilt. In Globalization and its Discontents, Joseph Stiglitz shows how the 'economic architecture' that produced globalization has also driven the backlash against it. This book brings together some of international law's most outspoken 'discontents'; those who situate their malaise in international law itself. Their shared objective is to expose international law's complicity in the ongoing economic and financial global crises and to assess its capacity - and its will - to constructively address them. Some, like Freud, view that which holds us together as an inevitable source of discontent. Others, like Stiglitz, draw on the energy of the backlash. How have these crises affected particular groups, sovereign states, and international law itself? How have they responded? When does crisis serve as a catalyst, and for what?
Author : Avidan Kent,Nikos Skoutaris,Jamie Trinidad
Publisher : Routledge
Page : 284 pages
File Size : 52,6 Mb
Release : 2019-02-26
Category : Law
ISBN : 9780429872167
The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.
Author : Gleider I Hernández
Publisher : OUP Oxford
Page : 368 pages
File Size : 45,7 Mb
Release : 2014-05-29
Category : Law
ISBN : 9780191502552
This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.
Author : Michla Pomerance
Publisher : Martinus Nijhoff Publishers
Page : 530 pages
File Size : 44,9 Mb
Release : 1996-02-20
Category : Political Science
ISBN : 9041102043
The hope that international adjudication will some day come to replace international aggression has long been a fond aspiration of mankind, and nowhere, perhaps, has it taken firmer root than in the United States. The U.S. Supreme Court has been held up as a model for the successful adjudication of interstate disputes and for the evolution of a body of revered legal norms. Yet America's own record "vis-a-vis" international adjudication and the International Court has been marked by ambivalence and a sharp dichotomy between rhetoric and deeds. Integrating legal and historical materials and insights, Professor Pomerance examines in this volume the troubled saga of the U.S. pursuit of the Supreme Court of the Nations' idea, from its early pre-World War I origins through the present post-"Nicaragua" period of U.S. reserve, disillusionment and reassessment. Spurning a morality-play' interpretive mold, the author pays particular attention to recurrent themes and the roots of their recurrence; the specific cadences and nuances in the grand' and lesser U.S. debates on the Court; the continuities and changes in "both" partners of the U.S.-Court relationship; and the various prisms through which that relationship might be viewed. In this manner, the important contemporary debate on the future contours of the U.S.-Court nexus is sharply illuminated.
Author : Prasenjit Duara
Publisher : Cambridge University Press
Page : 339 pages
File Size : 46,9 Mb
Release : 2015
Category : History
ISBN : 9781107082250
Drawing on historical sociology, transnational histories and Asian traditions, Duara seeks answers to the pressing global issue of environmental sustainability.
Author : Charles Chernor Jalloh,Ilias Bantekas
Publisher : Oxford University Press
Page : 416 pages
File Size : 42,6 Mb
Release : 2017-10-06
Category : Law
ISBN : 9780192538550
Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.
Author : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 397 pages
File Size : 53,7 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781108423854
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Author : Myres S. McDougal,Harold D. Lasswell,Lung-chu Chen
Publisher : Oxford University Press
Page : 800 pages
File Size : 47,7 Mb
Release : 2018-11-16
Category : Law
ISBN : 9780190882655
In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.
Author : University of Cambridge. Research Centre for International Law
Publisher : Cambridge University Press
Page : 782 pages
File Size : 40,9 Mb
Release : 1997-07-28
Category : History
ISBN : 0521463041
This book brings together for the first time a comprehensive documentary record of the crisis in the former Yugoslavia, tracing the responses both of the United Nations and regional organisations. Many of the documents reproduced are otherwise inaccessible. This volume contains all relevant UN Security Council Resolutions and Presidential Statements together with the records of the debates leading to their adoption; reports on the crisis compiled by the UN Secretary-General; and extracts from decisions and debates in the UN General Assembly. The efforts of regional organisations are reflected in general documents from, amongst others, the EC, NATO, the Western European Union, the Conference on Security and Cooperation in Europe, the Organisation of the Islamic Conference, and the Non-Aligned Movement.
Author : Michael P. Scharf,Paul R. Williams
Publisher : Cambridge University Press
Page : 333 pages
File Size : 45,6 Mb
Release : 2010-01-11
Category : History
ISBN : 9780521766807
All ten of the living former U.S. State Department legal advisers from the Carter administration to that of George W. Bush examine the role international law played during the major crises on their watch.
