Theory Of Obligations In International Law

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Theory of Obligations in International Law

Author : Cezary Mik
Publisher : Unknown
Page : 0 pages
File Size : 51,5 Mb
Release : 2024
Category : Law
ISBN : 1003298346

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Theory of Obligations in International Law by Cezary Mik Pdf

"Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects, to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organizations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students and practitioners concerned with international law - its creation, performance, application, compliance and enforcement"--

A Landscape of Contemporary Theories of International Law

Author : Emmanuel Roucounas
Publisher : BRILL
Page : 731 pages
File Size : 50,7 Mb
Release : 2019-09-16
Category : Law
ISBN : 9789004385368

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A Landscape of Contemporary Theories of International Law by Emmanuel Roucounas Pdf

The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.

Theory of International Law

Author : Grigoriĭ Ivanovich Tunkin
Publisher : Harvard University Press
Page : 534 pages
File Size : 51,9 Mb
Release : 1974
Category : Law
ISBN : 0674880013

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Theory of International Law by Grigoriĭ Ivanovich Tunkin Pdf

Monograph on the theoretics of international law as seen in the context of the concepts and principles of Marxism-leninism - covers the process of forming norms, and the legal nature and essence of contemporary international law, foreign policy and diplomacy, the laws of societal development and international organizations (legal status), the general character and forms of State responsibility under international law, etc., and includes a bibliography of published works of gi tunkin (1938 to 1973), etc.

Due Diligence Obligations in International Law

Author : Alice Ollino
Publisher : Cambridge University Press
Page : 317 pages
File Size : 41,8 Mb
Release : 2022-03-03
Category : Law
ISBN : 9781316511879

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Due Diligence Obligations in International Law by Alice Ollino Pdf

This book discusses the conceptual foundations of due diligence obligations and their normative function in the law of international responsibility.

Introduction to International Law

Author : Marek St. Korowicz
Publisher : Springer Science & Business Media
Page : 432 pages
File Size : 42,7 Mb
Release : 2013-06-29
Category : Law
ISBN : 9789401192262

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Introduction to International Law by Marek St. Korowicz Pdf

This book in its entirety as well as in each of its parts is an outline of the problems under discussion. The subject matter of some eighty sections of the book is extensive; it could, indeed, be presented by ex perts in as many volumes. This study offers an attempt to formulate a synthesis, however difficult, of the vast amount of available material. Unlike the well-known standard Introductions to International Law which deal with all the major fields of international law, this book treats exclusively the present conceptions of that law as expressed in legal literature, international treaties and other agreements, inter national judgements and awards, governmental and diplomatic state ments and the like. Special attention is devoted, in several chapters of the book, to the "teachings of the most highly qualified publicists of the various nations" which are considered by Article 38 paragraph 1 (d) of the Statute of the International Court of Justice as "subsidiary means for the determination ofrules of law. " An endeavor is made to ascertain whether in certain fields of the theory of international law a "Communis opinio doctorum" has either been reached or is in the process of achievement. Some readers may consider that there are too many quotations from writings of publicists; others will certainly feel - as does this writer - that too many outstanding international lawyers have not been included.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 53,5 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.

A Philosophy Of International Law

Author : Fernando Teson
Publisher : Westview Press
Page : 216 pages
File Size : 40,7 Mb
Release : 1998-03-20
Category : Law
ISBN : UOM:39015040342811

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A Philosophy Of International Law by Fernando Teson Pdf

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power.

The Structure and Process of International Law

Author : Ronald St John MacDonald,Douglas M Johnston
Publisher : Martinus Nijhoff Publishers
Page : 1240 pages
File Size : 41,5 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

Theory and International Law

Author : Philip Allott
Publisher : British Institute for International & Comparative Law
Page : 148 pages
File Size : 41,7 Mb
Release : 1991
Category : Law
ISBN : UOM:39015020819739

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Theory and International Law by Philip Allott Pdf

Theories of Compliance with International Law

Author : Mark G. Burgstaller
Publisher : BRILL
Page : 242 pages
File Size : 43,5 Mb
Release : 2004-11-26
Category : Law
ISBN : 9789047406761

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Theories of Compliance with International Law by Mark G. Burgstaller Pdf

This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.

The Philosophy of International Law

Author : Samantha Besson,John Tasioulas
Publisher : Oxford University Press
Page : 626 pages
File Size : 42,8 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.

The Limits of Leviathan

Author : Robert E. Scott,Paul B. Stephan
Publisher : Cambridge University Press
Page : 215 pages
File Size : 44,5 Mb
Release : 2006-08-14
Category : Law
ISBN : 9781139460286

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The Limits of Leviathan by Robert E. Scott,Paul B. Stephan Pdf

Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.

Theory and Reality in Public International Law

Author : Charles de Visscher
Publisher : Princeton, N.J. : Princeton University Press
Page : 406 pages
File Size : 53,5 Mb
Release : 1957
Category : International law
ISBN : UCAL:B3981765

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Theory and Reality in Public International Law by Charles de Visscher Pdf

System, Order, and International Law

Author : Stefan Kadelbach,Thomas Kleinlein,David Roth-Isigkeit
Publisher : Oxford University Press
Page : 545 pages
File Size : 51,8 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