Download or read book The Dynamics of International Law in Conflict Resolution written by Joaquín Tacsan and published by BRILL. This book was released on 2023-11-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Law in a Transcivilizational World written by Onuma Yasuaki and published by Cambridge University Press. This book was released on 2017-02-15 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

Download or read book Conflict Resolution in the Framework of International Law written by Tigran Suriki Torosyan and published by . This book was released on 2010 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Changing Profile of the Natural Law written by Michael Bertram Crowe and published by BRILL. This book was released on 1977 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of objective & binding normative commands. As 'legal knowledge', international law encompasses rules, practices & the expectations actors derive through legal reasoning from conventional legal rules, customary norms, international adjudication, & international legal theory. The study is in three parts. Part I constructs a framework to analyze the effectiveness of international law to influence decision-making within conflict resolution processes. Drawing on the contending approaches of the New Haven School of International Law & its rivals & applying various devices of linkage theory, the analysis isolates variables & indicators of the impact of legal expectations on actors' decision-making style. These variables & indicators also reveal the ways international legal rules are affected by the actors' perceptions about the normative contents of such rules in a particular bargaining process. Parts II & III apply the framework of Part I to explain the role of international law in the Central American peace negotiations of the 1980s. Using the framework, Parts II & III identify sources of uncertainty & diverging expectations in the Western Hemisphere that aggravated rather than assuaged the Central American crisis. Parts II & III also explain the normative constraints that affected Central American decision-makers & provided the basis for most of the regional consensus within the Esquipulas meeting. With the help of heuristic devices from the behavioral sciences, this study of international law proposes an alternative to the traditional views of international legal effectiveness in the modern world. Joaquín Tacsan , Lic. en Der. & M.A. International Law (University of Costa Rica); L.L.M. J.S.D. (Boalt Hall, University of California, Berkeley). Mr Tacsan currently serves as Executive Advisor to former President of Costa Rica & 1987 Nobel Laureate Oscar Arias & as program Advisor of the Arias Foundation's Centre for Peace & Reconciliation. He is professor of Public International Law at the University of San Jose, Costa Rica.

Download or read book International Conflict and Security Law written by Laurie R. Blank and published by Edward Elgar Publishing. This book was released on 2023-02-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book provides an extensive analysis of the robust array of international law applicable across the spectrum of international conflict and security. With a particular focus on new and emerging technologies and domains such as cyber and outer space, Laurie Blank illustrates how international conflict and security law applies to 21st century challenges. From conflict prevention to the use of force, the law of armed conflict to transitional justice, this book offers an in-depth examination of how these legal frameworks address the most fundamental questions for security at the human, national and international levels: how to prevent and reduce escalation of conflict; how to protect States, their territory and their core national interests; how to protect individuals and their rights; how to maintain and restore international peace; how to resolve conflicts; and how to promote justice and reconciliation after conflict. Overall, the book creates a multifaceted and insightful picture of how the international legal system functions as a comprehensive - if still sometimes fractured - framework. International Conflict and Security Law will be essential reading for both graduate and undergraduate students studying security policy, international law, conflict resolution and armed conflict. It will also provide a well-rounded exploration of the field as a whole for policy makers, practitioners and academics.

Download or read book International Law Conflict and Development written by Walter Kälin and published by BRILL. This book was released on 2010-01-11 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experience and research have long shown an intrinsic link between human rights, conflict and development. This interdependence between different areas, doctrines, and disciplines calls for a genuinely coherent, holistic approach in International Affairs. With the challenges the work for the protection and respect of humanity encounters, this book intends to bring together articles and ideas that indicate the complexity of such an endeavor. The chapters, written by academics and practitioners encompass snapshots of crucial development lines as well as conceptual ideas and frameworks. In doing so the book provides insight to the principal understanding that peace efforts, encapsulating human rights, conflict management and development, can only be sustained and flourish as long as conflicting parties have at least a minimal consensus and will to settle their differences peacefully. As a Liber Amicorum for Joseph Voyame the book honors the determination for humanity and respect for human dignity and peaceful mitigation of conflict which marked his life and work.

Download or read book Methods of Resolving Conflicts between Treaties written by Seyed-Ali Sadat-Akhavi and published by BRILL. This book was released on 2021-10-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues.

Download or read book International Law and Governance of Natural Resources in Conflict and Post Conflict Situations written by Daniëlla Dam-de Jong and published by Cambridge University Press. This book was released on 2015-06-26 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.

Download or read book Sustainable Development As a Principle of International Law written by Christina Voigt and published by BRILL. This book was released on 2009 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attention is then given to the application of sustainable development as a principle of integration in relation to these conflicts. The book takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular: a [ The relations between various international legal regimes, especially between international trade law and climate law, a [ The legal status of sustainable development as a principle of international law, and a [ The analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.

Download or read book The Challenge of Conflict International Law Responds written by Ustina Dolgopol and published by BRILL. This book was released on 2006-03-23 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection is an integrated body of essays that provides a comprehensive range of viewpoints on how international legal and political mechanisms can address the catastrophic consequences of deadly conflict in today’s world. The authors are drawn from a diverse range of disciplines encompassing law, peace studies, international relations and criminal justice and include judges, members of the military, academics, United Nations personnel and representatives of non-government organisations.

Download or read book Global Impact of the Ukraine Conflict written by Shuichi Furuya and published by Springer Nature. This book was released on 2023-11-30 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: The invasion of Ukraine by the Russian Federation and the subsequent military campaigns entail several classical aspects of armed conflict. First, it is a type of international armed conflict between two sovereign states that had been prevalent until the middle of the twentieth century but not in the last several decades. It is also a direct intervention by a superpower into a neighboring state with the former’s aspiration of territorial expansion. This action evokes a scheme of war reminiscent of the nineteenth or early twentieth century. At the same time, however, the invasion is generating in the international community a sense of new phenomena, leading to a new era that may be different from the past three decades following the end of the Cold War. In fact, the hostilities between the Russian Federation and Ukraine, as well as reactions by other states and international organizations, have raised legal and political issues that require scholars to reexamine existing frameworks of the international community and individual rules of international law. The process of applying international law to states is a dynamic one. Rules of international law may and should regulate the behavior of states and provide standards to decide whether a particular act by a state is permissible. At the same time, however, states may change or replace existing rules, and a significant event or series of such events may be a strong motivator to create a new legal framework. In this regard, rules of international law and the conduct of states are in a dialectical relationship. International law can both shape a mode of conduct and be shaped by that conduct—being its creator as well as its creation. The Ukraine conflict is not an exception. We can discuss the conduct of the Russian Federation, Ukraine, other states and international organizations and evaluate their legality and legitimacy from the viewpoint of existing rules. However, we may also reevaluate the current rules of international law through the lens of the Ukraine conflict and discuss possible changes to those rules in the future. Inspired by the latter aspect of the international legal process, the present book aims to examine the impact of the Ukraine conflict, whether salient or potential, on various rules of international law. Most of the authors are from Japan and other Asian countries that are geographically remote from the site of the conflict. It is often true, however — and particularly in this case — that those keeping an appropriate distance can look at relevant issues in a broader view and from a more objective perspective. To what extent and in what manner may the Ukraine conflict have an impact on the legal framework of the international community and the rules of international law? This book is the first to answer those questions in a comprehensive manner.

Download or read book International Law and Governance of Natural Resources in Conflict and Post Conflict Situations written by Daniëlla Dam-de Jong and published by Cambridge University Press. This book was released on 2015-06-26 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural resource wealth is conducive to a country's development. Nevertheless, the last few decades have shown a harsher reality, where natural resources have also triggered, financed or fuelled a number of internal armed conflicts. Examples include the armed conflicts in Cambodia, Sierra Leone, Liberia and the Democratic Republic of the Congo, which have been financed with the exploitation of a variety of valuable natural resources, including diamonds, gold, timber, oil and cocoa. The aim of this book is to assess the contribution of international law in ensuring that natural resources are used to promote development and to achieve sustainable peace instead of financing armed conflict. For this purpose, the author discusses the international legal framework for the governance of natural resources in States in general, in situations of armed conflict and as part of conflict resolution and post-conflict peacebuilding efforts.

Download or read book Research Handbook on International Law and Peace written by Cecilia M. Bailliet and published by Edward Elgar Publishing. This book was released on 2019 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good.

Download or read book Prospects in International Investment Law and Policy written by Roberto Echandi and published by Cambridge University Press. This book was released on 2013-04-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the most central debates in contemporary investment law and policy.

Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press, USA. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

Download or read book The Future of the International Legal Order Volume 3 written by Cyril E. Black and published by Princeton University Press. This book was released on 2019-01-29 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eleven contributors to this volume come to grips with the hard realities of controlling war in our modern, interrelated world. All of them deal directly with the role of law in the management of conflict. From Cyril E. Black's introductory chapter, "Conflict Management and World Order," to Richard J. Barnet's concluding chapter, "Toward the Control of International Violence: The Limits and the Possibilities of Law," each expert moves from analysis of some immediate problem of international legal control to the direct application of law to war. The contributors include Tom J. Farer, Rosalyn Higgins, John Norton Moore, Daniel Wiles, William B. Bader, Arnold Kramish, Mason Willrich, W. Michael Reisman, and Harold Feiveson. Conflict Management is the third volume in a large-scale collaborative research project intended to focus the attention of international lawyers and social scientists on the near future of the international legal order. A brochure describing the entire series is available. Cyril E. Black is Duke Professor of Russian History and Director of the Center of International Studies, Princeton University. Richard A. Falk is Milbank Professor of International Law and Practice, Princeton University. Written under the auspices of the Center of Interntional Studies, Princeton University. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Download or read book International Law and Post Conflict Reconstruction Policy written by Matthew Saul and published by Routledge. This book was released on 2015-05-15 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.