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The Persistent Objector Rule in International Law by James A. Green Pdf
Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.
Author : James A. Green Publisher : Oxford University Press Page : 270 pages File Size : 51,8 Mb Release : 2016-03-03 Category : Law ISBN : 9780191009563
The Persistent Objector Rule in International Law by James A. Green Pdf
The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
The Persistent Objector and Customary International Law by Charles Quince Pdf
A Major Contribution to the Understanding of International Law Central to the modern legal framework are the notions of customary international law and the persistent objector doctrine. But much debate exists over these ambiguous and elusive concepts-debate that has the potential to affect everything from war-crimes trials to international commerce. Now, legal expert Charles Quince provides an enlightening, in-depth, and balanced look at the history and problems of these specific areas of international law, and suggests important solutions for minimizing misinterpretation. Topics tackled here include: - The development of customary international law, from Ancient Rome to the present day; - A clear, concise discussion of the persistent objector rule, which allows states to opt out of a particular norm; - Key court cases providing important precedent to our current understanding of custom and consent; - The debate over interpretation, including the two opposing theories by Dworkin and Rawls; - Viable implementation strategies for bridging the divide and helping minimize misinterpretation. This unique book not only concentrates on institutional developments, it also gives insights into norms and guiding principles associated with these two concepts. In essence, Quince presents the positive aspects of each competing theory and shows how they could work together as a cohesive force in the global environment, making this a must read for attorneys, jurists, government leaders and law students. Charles Quince is a librarian at the Albright Memorial Library in Scranton, Penn. He holds a bachelor's in history, juris doctor, and master's in library science. He is a member of the American Society of International Law, the Society for Historians of American Foreign Relations, and the Pennsylvania Library Association.
Sources of International Law by Martti Koskenniemi Pdf
A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
Adjudicating International Human Rights by James A. Green,Christopher P.M. Waters Pdf
Adjudicating International Human Rights brings together established and emerging scholars to honour Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays probing the framework and adequacy of international human rights adjudication.
Customary International Law by Brian D. Lepard Pdf
This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Publisher : Cambridge University Press Page : 610 pages File Size : 49,5 Mb Release : 2005-03-03 Category : Law ISBN : 9780521808996
Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
The Sources of International Law by Hugh Thirlway Pdf
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
The Paradox of Consensualism in International Law by C.L. Lim,O.A. Elias Pdf
If international law is derived from the consent of States, who should be in a better position to say what has been consented to than the disputing States themselves? It seems that if the doctrine of consent is taken seriously, there would be no room for an 'objective' legal answer to the question `What is law?'. Furthermore, States do not necessarily employ the same criteria for determining the applicable law when engaged in dispute. And the doctrine of sovereignty is of very limited utility, since not all of substantive international law can be explained in terms of the atomic concept of sovereignty. This leaves consent as the mediating concept between the substantive doctrine of international law on the one hand and the actual practice of States (and others whose practice and participation in the global legal order help shape the body of international laws) on the other. Nevertheless, this is not to say that there is nothing `higher' than the actual legal claims forwarded by international actors. International law is no mere superstition, since none argue that there is no (one) legal solution. In that sense, the unity of the international legal order is preserved. The problem is that the solutions actually forwarded in dispute are too numerous and international law too abstract to serve as arbiters between the competing claims. Thus, at the level of substantive doctrine there is a fragmentation of that earlier-mentioned picture of unity. But even here, only consent can mediate between unity and fragmentation, stability and change, order and justice, legislation and revolution. The strength of international law lies in its adaptability to political, strategic and diplomatic necessities. To suggest otherwise is to depart from a picture of international law that presumes the empirical verifiability of international laws. This book has as its principal concern certain orthodoxies of `source thinking' in international law, and is aimed at working out the implications of these. It aims to show how certain theoretical conceptions have shaped the law in action, for good or ill. It will appeal to political theorists, diplomats, global decision-makers, and international lawyers who are interested in the question `What can we do with the international law that we have?', as distinct from the question `What should we do with international law?'.
The Sources of International Law by Hugh Thirlway Pdf
This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.
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.
Reexamining Customary International Law by Brian D. Lepard Pdf
Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
Cross-border Water Trade: Legal and Interdisciplinary Perspectives by Piotr Szwedo Pdf
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.