Download or read book The Roots of International Law Les fondements du droit international written by and published by Martinus Nijhoff Publishers. This book was released on 2013-11-29 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
Download or read book Grotius et l ordre juridique international written by Bruno Schmidlin and published by . This book was released on 1985 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hugo Grotius and International Relations written by Hedley Bull and published by Clarendon Press. This book was released on 1990-07-26 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the works of Hugo Grotius (1583-1645) have long been held in high esteem by international lawyers, this book addresses the broader, and neglected, theme of his contribution to the theoretical and practical aspects of international relations. It critically reappraises Grotius' thought, examining it in relation to his predecessors and in the context of the wars and controversies of his time, and assesses the strengths and weaknesses of the `Grotian' tradition of thought - one which accepts the sovereignty of states but at the same time stresses the existence of shared values and the necessity of rules.
Download or read book The International Legal Order in the XXIst Century L ordre juridique international au XXIeme si cle El rden jur dico internacional en el siglo XXI written by Jorge E. Viñuales and published by BRILL. This book was released on 2023-11-13 with total page 1083 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.
Download or read book Ordre Juridique International written by Georges Abi-Saab and published by Martinus Nijhoff Publishers. This book was released on 2001-03-16 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: Georges Abi-Saab began his writing and teaching at a time when the process of decolonization, and thereafter the quest for emancipation, began to make its far-reaching impact on the international scene, producing significant changes in the international environment, both quantitatively in increasing the number of nation-States and qualitatively in changing patterns of interests and claims. This was bound to result in new pressures on the international legal system itself and in a questioning of the traditional Eurocentric content of international law. In his work and teaching Professor Abi-Saab viewed the dynamics of international law as a function of two driving forces: the emergence of the third world and the sense of injustice. In his view, the first driving force - the emergence of the third world - raised the problem of exclusion: exclusion from participation in the elaboration of international law and the decision-making process, and exclusion as beneficiaries of the resulting rules of international law. At the same time, this new force introduced diversity into the international scene, reflecting the richness of the international community in its different facets. This process remains relevant today, reflecting the contemporary problem of exclusion of new actors as well as their quest for participation. The second driving force - the sense of injustice - posed a teleological problem for him, that of defining community values in order that they capture the different facets of justice, whether formal or distributive. So long as there is no effective organic structure, international law in his view will continue to remain effectiveness-oriented, reflecting rather than impacting on the structures of power. Nevertheless, it is undeniable that there is an on-going process of development of community values and interests; as Georges Abi-Saab wrote with reference to international crimes: 'law, like all social phenomena, is a continuous unfolding, a continuous process of elaboration'. He has also considered that the dynamics of the international legal process itself can be captured from the perspective of international organizations as vehicles for change in the international system. From his early writings, Georges Abi-Saab approached the United Nations Charter as a blueprint - both normative and institutional - for a certain type of international society. International institutions with all their imperfections, continue for him to be the means of realization of the law of cooperation which lies at the heart of his concept of the international system. The themes selected for this volume in honour of Professor Georges Abi-Saab are intended to reflect his unique and pioneering contribution to the field of international law. The contributors are drawn from what he has always considered to be his large 'family' of former students: in his forty years of teaching, Georges Abi-Saab has acted as mentor to generations of students from all over the world who have benefited from his vision, insights, originality and creative and stimulating use of language. The contributors also include colleagues and friends who share a similar vision of the international legal system.
Download or read book Hugo Grotius written by Henk J.M. Nellen and published by BRILL. This book was released on 2014-11-10 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hugo Grotius (1583-1645) is the most famous humanist scholar of the Dutch Golden Age. He wrote influential works on the laws of war and peace, Dutch history and the unification of the churches. His plea for a freedom of the seas in Mare liberum offered the Dutch East India Company a ready justification for the establishment of a trading empire in the East Indies. As far as his daily duties left him any spare time, he penned confidential, learned and beautifully-written letters. This voluminous correspondence offers a trove of information on Grotius’ life and works, and forms the basis of his newest biography which sketches a life caught in a fierce struggle for peace in Church and State.
Download or read book The Cambridge Companion to Hugo Grotius written by Randall Lesaffer and published by Cambridge University Press. This book was released on 2021-09-16 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an overview of Grotius' work and thought, from his historical, theological and political writing to his seminal legal interventions.
Download or read book Akehurst s Modern Introduction to International Law written by Alexander Orakhelashvili and published by Routledge. This book was released on 2022-02-28 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1970, Akehurst’s Modern Introduction to International Law rapidly established itself as a widely used and successful textbook in its field. Being the shortest of all the major textbooks in this area, it continues to offer a concise and accessible overview of the concepts, themes, and issues central to the growing system of international law, while retaining Akehurst’s original positivist approach that accounts for the essence and character of this system of law. This new ninth edition has been further revised and updated by Alexander Orakhelashvili to take account of a plethora of recent developments and updates in the field, accounting for over forty decisions of international and national courts, as well as a number of treaties and major incidents that have occurred since the eighth edition of this textbook was published. Based on transparent methodology and with a distinctive cross-jurisdictional approach which opens up the discipline to students from all backgrounds, this engaging, well-structured, and reputable textbook will provide students with all the tools, methods, and concepts they need to fully understand this complex and diverse subject. It is an essential text for all undergraduate and postgraduate students of international law, government and politics, and international relations. This book is one of the only textbooks in international law to offer a fully updated, bespoke companion website: www.routledge.com/cw/orakhelashvili.
Download or read book Theory of International Law written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.
Download or read book Research Handbook on the Theory and History of International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering Research Handbook with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are. Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.
Download or read book International Law and Ocean Use Management written by Lawrence Juda and published by Routledge. This book was released on 2013-02-01 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book places contemporary problems of ocean use management in historical context beginning with the time of Hugo Grotius, whose seminal 1609 work The Freedom of the Seas was the basis of ocean law for the next three centuries. Individual use problems are dealt with in detail and include overfishing, migrating fish stocks and fish wars, oil drilling, deep sea mining and marine pollution. Throughout the author notes the need to seek solutions in ocean management from a more integrated perspective. Emphasis is placed on the United Nations Conference on the Law of the Sea and the resulting agreements. This book therefore presents a unique breadth of view which will make it salient to policy makers, diplomats, scholars and ocean users.
Download or read book Civilians and War in Europe 1618 1815 written by Erica Charters and published by Liverpool University Press. This book was released on 2012-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civilians and War in Europe 1618–1815 is a comprehensive, interdisciplinary look at the role of civilians in early modern warfare, from the Thirty Years War to the end of the Napoleonic Wars. Drawing on works by scholars in art, literature, history, and political theory, the contributors to this volume explore the continuities and transformations in warfare over the course of two hundred years, examining topics central to civilian and war dynamics, including incarceration, cultures of plunder, billeting, and wartime atrocities, in addition to the larger legal practices and philosophical underpinnings of warfare and its aftermath. Showcasing the complex ways civilians were involved in war—not just as anguished sufferers, but as individuals who fought back, who profited, and who negotiated for their own needs—Civilians and War in Europe probes what it meant to be a civilian in countries deeply involved in conflict.
Download or read book Necessity Proportionality and the Use of Force by States written by Judith Gardam and published by Cambridge University Press. This book was released on 2004-11-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Download or read book Cornelius van Bynkershoek His Role in the History of International Law written by Kinji Akashi and published by BRILL. This book was released on 2024-01-15 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: In offering a critical analysis of the writings of Cornelius van Bynkershoek (1673-1743) - the eminent Dutch jurist known traditionally as a `positivist', in the history of international law - this work goes beyond an analysis of the `classics' per se to clarify some basic questions concerning the history of international law, such as the relationship between legal doctrine and state practice and the reconsideration of methodological differences among historical figures like Grotius, Pufendorf, and Vattel. It also covers some fundamental problems of international law generally, such as the meaning of positivism and positive law and the function of reason. The work comprises three main parts: - the construction of Van Bynkershoek's general theory of the law of nations, - an overview and analysis of the contemporary practice relevant to his theories on the laws of neutral commerce, and - the 'genealogy' of Van Bynkershoek's works, namely his relation to Grotius and to his later generations of publicists. Scholars and others interested in the past and future direction of international law as a whole will not want to miss this highly original offering.
Download or read book Reflections on the Law of War written by Frits Kalshoven and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 1129 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers collected in this volume span a 35-year period of active involvement in the 'reaffirmation and development of international humanitarian law'. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians... Throughout the period, the author's activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.
Download or read book Mani res de penser dans l Antiquit m diterran enne et orientale written by Christophe Batsch and published by BRILL. This book was released on 2009-06-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Francis Schmidt's works in various fields of religious studies (mainly ancient Judaism), can be characterized by three words: historiography, anthropological history, and comparatism. In that respect he placed himself in the continuation of previous French scholars, such as Maurice Halbwachs or Pierre Vidal-Naquet. Francis Schmidt also played an essential role in transmitting to a new generation of scholars the complex issues and debates concerning the Dead Sea scrolls and Qumranic research. The papers offered in this volume share all the same interest in ancient religions and the methodological devices previously mentioned. They offer a rare example of a large comparatism between Assyrian, Greek, Roman, Jewish, and Christian approaches of some essential social or intellectual issues, by some of the most competent specialists in each field.
Download or read book Essays in Honour of Wang Tieya written by Ronald St. John MacDonald and published by Martinus Nijhoff Publishers. This book was released on 1994-01-17 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Janis.
