Download or read book British And Canadian Perspectives on International Law written by Christopher Peter Michael Waters and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: "British and Canadian Perspectives on International Law" examines the impact of public international law on the United Kingdom's and Canada's domestic legal systems. It also analyses the contributions of British and Canadian practice to the development of international norms. Topics addressed include international criminal law, international humanitarian law, human rights and human security, asylum, trade, jurisdiction, 'reception law' and media portrayals of international law. Whereas international law scholarship usually takes a global, regional or national approach, this book's chapters are written by leading scholars and practitioners from both countries and provide unique comparative views. While there remains much in common between the two states' understandings of international law, recent developments have shown significant points of departure.
Download or read book Rethinking Criminal Law Theory written by Francois Tanguay-Renaud and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University
Download or read book Legitimacy and Legality in International Law written by Jutta Brunnée and published by Cambridge University Press. This book was released on 2010-08-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Download or read book International Law in Public Debate written by Madelaine Chiam and published by Cambridge University Press. This book was released on 2021-12-09 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public debates in the language of international law have occurred across the 20th and 21st centuries and have produced a popular form of international law that matters for international practice. This book analyses the people who used international law and how they used it in debates over Australia's participation in the 2003 Iraq War, the Vietnam War and the First World War. It examines texts such as newspapers, parliamentary debates, public protests and other expressions of public opinion. It argues that these interventions produced a form of international law that shares a vocabulary and grammar with the expert forms of that language and distinct competences in order to be persuasive. This longer history also illustrates a move from the use of international legal language as part of collective justifications to the use of international law as an autonomous justification for state action.
Download or read book International Law and Domestic Human Rights Litigation in Africa written by Magnus Killander and published by PULP. This book was released on 2010 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.
Download or read book Duelling for Supremacy written by Fulvio Maria Palombino and published by Cambridge University Press. This book was released on 2019-05-16 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses national practices on conflicts between international law and national fundamental principles with a comparative perspective.
Download or read book Trilateral Perspectives on International Legal Issues Relevance of Domestic Law and Policy written by Iwasawa and published by Martinus Nijhoff Publishers. This book was released on 2023-11-27 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published under the auspices of the American Society of International Law. This book provides a valuable discussion of international law-making, dispute resolution, and international enforcement. . . Receil, Vol. 7, Issue 2 Prominent international law experts from the U.S., Japan, and Canada discuss some of the vital matters "afloat" in the intersecting areas of national and international law, including important issues relating to the Law of the Sea, Environmental Law, Extraterritorial Application of Domestic Law in the Fields of Trade and Economic Regulation, Japan-North American Economic Frictions, and other developments in the post-Cold War world. Published under the Transnational Publishers imprint.
Download or read book International Law in Comparative Perspective written by William Elliott Butler and published by BRILL. This book was released on 1980-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law and the Arctic written by Michael Byers and published by Cambridge University Press. This book was released on 2013-08 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.
Download or read book The New International Law written by Christoffer C. Eriksen and published by BRILL. This book was released on 2010-10-25 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains revised versions of a select number of research papers presented at a conference in Oslo, Norway, entitled “The New International Law”. The conference was subtitled “Polycentric Decision-making Structures and Fragmented Spheres of Law: What Implications for the New Generation of International Legal Discourse?” This subtitle signals the most important elements of the conference’s main purpose which was to be a project in line with certain strands of contemporary scholarship on international law; scholarship that bases itself on certain assumptions regarding what are important and changing preconditions for the field of international law research. Such assumptions include the transformation of sovereignty, the horizontal and vertical dispersal of governmental authority, the incompleteness of municipal law for legal regulation of individuals and private entities, states’ acceptance of treaty regimes whereby international authorities exercise regulatory power that interferes with domestic authority, and the proliferation of new dispute-settling bodies on the international plane. The volume aims to display the diversity within the new generation of international legal scholarship and to bring the analyses and arguments of this research to a wider audience. Topics addressed include environmental regulation, human rights and humanitarian protection, criminal law, and international security and development.
Download or read book Canada and the British World written by Phillip Buckner and published by UBC Press. This book was released on 2011-11-01 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada and the British World surveys Canada's national history through a British lens. In a series of essays focusing on the social, cultural, and intellectual aspects of Canadian identity over more than a century, the complex and evolving relationship between Canada and the larger British World is revealed. Examining the transition from the strong belief of nineteenth-century Canadians in the British character of their country to the realities of modern multicultural Canada, this book eschews nostalgia in its endeavour to understand the dynamic and complicated society in which Canadians did and do live.
Download or read book International Law Decisions in National Courts written by Franck and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Published under the Transnational Publishers imprint.
Download or read book International Legal Materials written by and published by . This book was released on 2007 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law of the Sea and Marine Affairs written by Nikos Papadakis and published by Brill Archive. This book was released on 1984-04-06 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law of the Sea and Marine Affairs
Download or read book Recognition and enforcement of foreign judgments written by and published by Martinus Nijhoff Publishers. This book was released on 1981-07-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book Institutionalizing State Responsibility written by Vincent-Joël Proulx and published by Oxford University Press. This book was released on 2016-05-05 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defence and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.
Download or read book Chinese Taiwan Yearbook of International Law and Affairs Volume 23 2005 written by and published by BRILL. This book was released on 2020-02-03 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to Asia-Pacific and the Republic of China on Taiwan.
