Towards An International Law Of Co Progressiveness

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Towards an International Law of Co-progressiveness

Author : Sienho Yee
Publisher : BRILL
Page : 320 pages
File Size : 48,5 Mb
Release : 2004-03-01
Category : Law
ISBN : 9789047405269

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Towards an International Law of Co-progressiveness by Sienho Yee Pdf

Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates. This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.

Towards an International Law of Co-progressiveness, Part II

Author : Sienho Yee
Publisher : Martinus Nijhoff Publishers
Page : 398 pages
File Size : 55,8 Mb
Release : 2015-01-08
Category : Law
ISBN : 9789004289222

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Towards an International Law of Co-progressiveness, Part II by Sienho Yee Pdf

Expanding upon the normative position of co-progressiveness elaborated in Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.

Towards an International Law of Co-Progressiveness

Author : Sienho Yee
Publisher : Martinus Nijhoff Publishers
Page : 321 pages
File Size : 43,8 Mb
Release : 2004
Category : Law
ISBN : 9789004138292

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Towards an International Law of Co-Progressiveness by Sienho Yee Pdf

Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates. This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.

A Landscape of Contemporary Theories of International Law

Author : Emmanuel Roucounas
Publisher : BRILL
Page : 731 pages
File Size : 46,9 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.

Principles of International Development Law

Author : Milan Bulajic
Publisher : BRILL
Page : 504 pages
File Size : 52,5 Mb
Release : 2023-10-09
Category : Law
ISBN : 9789004635920

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Principles of International Development Law by Milan Bulajic Pdf

The growing population of Europe needs adequate and wholesome food at reasonable prices and a sufficient supply of pure drinking water. Accommodating this need and the many other pressures on land while maintaining biodiversity, ecosystems, and cultural landscapes is a matter of continuing concern and debate in Europe. The changing nature of agriculture, concerns about agricultural subsidies and surpluses, food and water quality issues, and discussion of the future of the European Union (EU)'s Common Agricultural Policy have all increased the intensity of this debate in recent years. Through its discussion of how best to achieve sustainable land use, Agriculture and Sustainable Land Use in Europe tackles this wide range of issues, examining problems faced by the EU concerning the future of rural communities, the maintenance of an attractive and diverse countryside, and more. This work comprises papers presented at two conferences organised by groups of European Environmental Advisory Councils. These papers offer the reader access to a broad range of experience and points of view, making Agriculture and Sustainable Land Use in Europe a contribution of particular value to the debate on these issues.

Global Governance, Conflict and China

Author : Matthias Vanhullebusch
Publisher : BRILL
Page : 476 pages
File Size : 40,6 Mb
Release : 2018-01-11
Category : Law
ISBN : 9789004356498

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Global Governance, Conflict and China by Matthias Vanhullebusch Pdf

Human Rights in Eastern Civilisations

Author : Surya P. Subedi
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 49,6 Mb
Release : 2021-03-26
Category : Political Science
ISBN : 9781800883628

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Human Rights in Eastern Civilisations by Surya P. Subedi Pdf

Based on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda. Rejecting the argument based on “Asian Values” that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions.

Future Generations and International Law

Author : Emmanuel Agius,Salvino Busuttil
Publisher : Routledge
Page : 227 pages
File Size : 54,9 Mb
Release : 2013-12-19
Category : Political Science
ISBN : 9781317971788

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Future Generations and International Law by Emmanuel Agius,Salvino Busuttil Pdf

Sustainable development requires consideration of the quality of life that future generations will be able to enjoy, and as the adjustment to sustainable lifestyles gathers momentum, the rights of future generations and our responsibility for their wellbeing is becoming a central issue. In this, the first book to address this emerging area of international law, leading experts examine the legal and theoretical frameworks for representing and safeguarding the interests of future generations in current international treaties. This unique volume will be required reading for academics and students of international environmental law and policy. Emmanuel Agius is Senior Lecturer at the Faculty of Theology and Coordinator of the Future Generations Programme at the Foundation for International Studies, University of Malta. Salvino Busuttil is former Director General of the Foundation for International Studies. Future Generations and International Law is the seventh volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature, Improving Compliance with International Environmental Law, Greening International Institutions and Quotas in International Environmental Agreements. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1997

The Shifting Allocation of Authority in International Law

Author : Tomer Broude,Yuval Shany
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 41,6 Mb
Release : 2008-06-13
Category : Law
ISBN : 9781847314369

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The Shifting Allocation of Authority in International Law by Tomer Broude,Yuval Shany Pdf

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity. This volume will be of great interest to scholars and practitioners of international law alike.

International Legal Argument in the Permanent Court of International Justice

Author : Ole Spiermann
Publisher : Cambridge University Press
Page : 539 pages
File Size : 45,9 Mb
Release : 2005-01-06
Category : Law
ISBN : 9781139442688

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International Legal Argument in the Permanent Court of International Justice by Ole Spiermann Pdf

The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.

Belt And Road Initiative, The: Implications For The International Order

Author : Moritz Rudolf
Publisher : World Scientific
Page : 525 pages
File Size : 49,5 Mb
Release : 2021-09-14
Category : Political Science
ISBN : 9789811238574

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Belt And Road Initiative, The: Implications For The International Order by Moritz Rudolf Pdf

This book showcases how the People's Republic of China (PRC) has been utilizing the Belt and Road Initiative (BRI) to reshape the global order. Dissecting China's increasingly assertive international behaviour, the book demonstrates how the PRC projects its self-perception onto the international order. The book outlines five aspects of China's international role projection, which the PRC applies selectively, depending on its target audience: (1) The bearer of traditional Chinese culture; (2) The humiliated nation; (3) The socialist state with Chinese characteristics; (4) The developing state and promoter of international development; (5) The authoritarian globalization optimist.Drawing on an in-depth analysis of hundreds of primary BRI documents, the book offers a comprehensive overview of China's most crucial foreign policy agenda item. It demonstrates how, through the BRI, the PRC has introduced mechanisms to the international level, which reflect its domestic policy-making mode. In addition, the PRC has institutionalized the initiative by establishing China-centered BRI networks across a wide range of policy areas. Within those emerging China-centered BRI networks, the PRC systematically increases its international discursive power, for example, by inserting Chinese vocabulary into UN resolutions or by promoting Beijing's approaches vis-à-vis 'the rule of law' across a range of developing states. This book also further discusses the implications of the BRI for the international legal order.

How to Do Things with International Law

Author : Ian Hurd
Publisher : Princeton University Press
Page : 200 pages
File Size : 50,6 Mb
Release : 2019-08-27
Category : Law
ISBN : 9780691196503

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How to Do Things with International Law by Ian Hurd Pdf

A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

The Transformation of Occupied Territory in International Law

Author : Andrea Carcano
Publisher : BRILL
Page : 569 pages
File Size : 43,9 Mb
Release : 2015-08-14
Category : Law
ISBN : 9789004227880

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The Transformation of Occupied Territory in International Law by Andrea Carcano Pdf

Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.