Download or read book The Intersection of International Law and Domestic Law written by Davíd Thór Björgvinsson and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.
Download or read book Home and International Law written by Henrietta Zeffert and published by Taylor & Francis. This book was released on 2024-03-26 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about home and international law. More specifically, it is about the profound, and frequently devastating, transformations of home that are happening almost everywhere in the world today and what international law has to do with them. Through three stories of home – the desert home, the lake home and the city home – this book traces how the everyday operations of international law shape the material, affective and imaginative experience of home. It argues that international law’s ‘homemaking work’ is characterised by acts of domination, practices of resistance and the production of unhomely spaces. However, the book also considers whether and how the liberatory potential of international law could be unlocked through the metaphor of home. This book draws from fieldwork conducted by the author in Palestine, Cambodia and the United Kingdom. It takes a global socio-legal approach to home and international law, informed by feminist political theory, feminist geography, home studies and contemporary critical approaches to international law. It is the first academic work to examine the relationship between home and international law. This book’s global socio-legal approach to home and international law will be of interest to those teaching and studying in international law, socio-legal studies, legal pluralism and legal geography.
Download or read book International Law As We Know It written by Lianne J. M. Boer and published by Cambridge University Press. This book was released on 2021-10-14 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of international legal scholars in the construction of legal knowledge, looking at examples from the cyberwar debate.
Download or read book Mobilizing for Human Rights written by Beth A. Simmons and published by Cambridge University Press. This book was released on 2009-10-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.
Download or read book Mobilising International Law for Global Justice written by Jeff Handmaker and published by Cambridge University Press. This book was released on 2019 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.
Download or read book International Law and History written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2021-01-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Download or read book Comparative International Law written by Anthea Roberts and published by Oxford University Press. This book was released on 2018 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
Download or read book Philosophy and International Law written by David Lefkowitz and published by Cambridge University Press. This book was released on 2020-10-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
Download or read book Modern Law of International Trade written by Ajendra Srivastava and published by Springer Nature. This book was released on 2020-08-31 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions—India and England—in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Download or read book International Law as a Profession written by Jean d'Aspremont and published by Cambridge University Press. This book was released on 2017-04-06 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.
Download or read book Repetition and International Law written by Wouter Werner and published by Cambridge University Press. This book was released on 2022-02-03 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the dialectical role of repetition in international law, building on insights from philosophy, sociology, theatre and film.
Download or read book International Law and its Others written by Anne Orford and published by Cambridge University Press. This book was released on 2006-11-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.
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: A history of international law in public debates and its resulting popular language of international law.
Download or read book The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Download or read book Women Peace and Security and International Law written by Christine Chinkin and published by Cambridge University Press. This book was released on 2022-03-17 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: An international legal analysis of the UN Security Council's agenda on Women, Peace and Security (WPS).
Download or read book The UN Security Council and Domestic Actors written by Machiko Kanetake and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the regulatory development for the UN Security Council's exercise of authority with an original perspective of 'proximity'-- a concept that refers to the 'distance' between the UN Security Council's authority to maintain 'international' peace and security.
