The Structure And Process Of International Law Essays In Legal Philosophy Doctrine And Theory

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The Structure and Process of International Law

Author : Ronald Macdonald
Publisher : Springer
Page : 0 pages
File Size : 50,7 Mb
Release : 1983-10-17
Category : Law
ISBN : 9024728827

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The Structure and Process of International Law by Ronald Macdonald Pdf

Essays on international law - discusses major schools of legal theory, the interaction between social sciences and international law (political ideology, sociological perspectives, etc.), fundamental concepts incl. Jurisdiction, sovereignty, etc., and current issues such as harmonization of legal systems, impact of international organizations, human rights, dispute settlement, etc. References.

The Structure and Process of International Law

Author : Ronald St. J. Macdonald,Douglas M. Johnston
Publisher : Unknown
Page : 1234 pages
File Size : 45,6 Mb
Release : 1983
Category : International law
ISBN : OCLC:948674783

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The Structure and Process of International Law by Ronald St. J. Macdonald,Douglas M. Johnston Pdf

Structure and Process of International Law

Author : Ronald S. MacDonald
Publisher : Springer
Page : 1234 pages
File Size : 52,7 Mb
Release : 1986-02-24
Category : Law
ISBN : 9024732735

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Structure and Process of International Law by Ronald S. MacDonald Pdf

The Pillars of Global Law

Author : Giuliana Ziccardi Capaldo
Publisher : Ashgate Publishing, Ltd.
Page : 456 pages
File Size : 44,5 Mb
Release : 2008
Category : Law
ISBN : 0754673456

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The Pillars of Global Law by Giuliana Ziccardi Capaldo Pdf

This book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.

Philosophy of International Law

Author : Anthony Carty
Publisher : Edinburgh University Press
Page : 304 pages
File Size : 55,5 Mb
Release : 2017-02-03
Category : Law
ISBN : 9780748675531

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Philosophy of International Law by Anthony Carty Pdf

Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society

The Nature of International Law

Author : Gerry Simpson
Publisher : Routledge
Page : 662 pages
File Size : 46,8 Mb
Release : 2017-10-05
Category : Law
ISBN : 9781351783750

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The Nature of International Law by Gerry Simpson Pdf

This title was first published in 2002: The purpose if this volume is to provide a map of some of the great theoretical debates within the discipline of international law. The essays included are structured as dialogues between international legal theorists on concrete subjects such as democracy, gender, compliance, sovereignty and justice. They represent the most interesting theoretical work undertaken in international law.

System, Order, and International Law

Author : Stefan Kadelbach,Thomas Kleinlein,David Roth-Isigkeit
Publisher : Oxford University Press
Page : 545 pages
File Size : 42,8 Mb
Release : 2017
Category : Law
ISBN : 9780198768586

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System, Order, and International Law by Stefan Kadelbach,Thomas Kleinlein,David Roth-Isigkeit Pdf

This volume maps models of early international legal thought from Machiavelli to Hegel

The Structure and Process of International Law

Author : Ronald St John MacDonald,Douglas M Johnston
Publisher : Martinus Nijhoff Publishers
Page : 1240 pages
File Size : 50,8 Mb
Release : 1983-10
Category : Law
ISBN : 9789004636224

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The Structure and Process of International Law by Ronald St John MacDonald,Douglas M Johnston Pdf

International Law

Author : Malcolm Evans
Publisher : Oxford University Press (UK)
Page : 931 pages
File Size : 54,8 Mb
Release : 2010-06-24
Category : Language Arts & Disciplines
ISBN : 9780199565665

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International Law by Malcolm 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.

The Philosophy of International Law

Author : Samantha Besson,John Tasioulas
Publisher : Oxford University Press
Page : 626 pages
File Size : 41,6 Mb
Release : 2010-04
Category : Law
ISBN : 9780199208586

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The Philosophy of International Law by Samantha Besson,John Tasioulas Pdf

This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

International Law

Author : Malcolm David Evans
Publisher : Oxford University Press, USA
Page : 949 pages
File Size : 50,9 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.

International Law on Peacekeeping

Author : Hitoshi Nasu
Publisher : BRILL
Page : 373 pages
File Size : 54,7 Mb
Release : 2009
Category : Law
ISBN : 9789004172265

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International Law on Peacekeeping by Hitoshi Nasu Pdf

It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Councila (TM)s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation

Regulatory Freedom and Indirect Expropriation in Investment Arbitration

Author : Aniruddha Rajput
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 50,8 Mb
Release : 2018-12-20
Category : Law
ISBN : 9789403506258

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Regulatory Freedom and Indirect Expropriation in Investment Arbitration by Aniruddha Rajput Pdf

Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.

The Political Interpretation of Multilateral Treaties

Author : Shirley Scott
Publisher : BRILL
Page : 231 pages
File Size : 55,5 Mb
Release : 2004-07-01
Category : Law
ISBN : 9789047413950

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The Political Interpretation of Multilateral Treaties by Shirley Scott Pdf

States have engaged in an intensive process of multilateral treaty making since World War Two despite the fact that few multilateral treaties have fully solved the problems they were designed to address. This inter-disciplinary study of multilateral treaties offers a balanced assessment of the function of multilateral treaties in world politics that draws out the political, as distinct from the legal, meaning of a treaty text. The treaty establishing a regime is regarded as an agreement to set some negotiated limits on pursuit of a common foreign policy goal so that full-blown pursuit of that goal will not bring the States into conflict nor jeopardize any State's pursuit of that goal. States are then able to continue pursuing that goal with, if anything, renewed vigour, albeit within the agreed limits. Theorising the relationship between a treaty text and its political context establishes a basis on which to critically reconceptualize regime effectiveness and on which to develop 'treaty strategy' for use by political actors, including international lawyers.