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Book International Law  Politics and Values

Download or read book International Law Politics and Values written by Louis Henkin and published by BRILL. This book was released on 2023-11-27 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume derives from a series of lectures delivered as the `general course' at the Hague Academy of International law in July 1989. Like those lectures, this volume does not pretend to provide a complete treatise covering all international law. Rather, it offers a particular perspective on the principal subjects of traditional international law, elaborates new developments, and dares reexamine assumptions and premises. The book is built on three themes. The first addresses law as politics, and international law as the law of a political system, now comprised of more than 180 separate, independent states. The essential autonomy of states accounts for the political (as well as economic and cultural) heterogeneity in a pluralist and fragmented system, and international law as its common denominator of normative expression. A second theme explores change in international law as reflecting change in the values and purposes of the international political system. It traces the pursuit through law of the traditional ideal of the state system to secure every state's right to realize its own agenda through its own institutions, and the superimposed contemporary purpose to promote individual human rights and welfare in every society. The third theme perceives a movement in the law from `conceptualism' to `functionalism', from logical deduction out of abstract principles to pragmatic attention to practical needs and solutions to new and old human problems. Each of these themes dominates in several chapters but the other themes are not absent from any of them. Each will add a fresh perspective and contribute to understanding the nature and operation of international law in the international political system at the turn of a new century.

Book Developments in International Law Vol 18

Download or read book Developments in International Law Vol 18 written by Louis Henkin and published by Kluwer Law International. This book was released on 1995 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume derives from a series of lectures delivered as the 'general course' at the Hague Academy of International law in July 1989. Like those lectures, this volume does not pretend to provide a complete treatise covering all international law. Rather, it offers a particular perspective on the principal subjects of traditional international law, elaborates new developments, and dares reexamine assumptions and premises. The book is built on three themes. The first addresses law as politics, and international law as the law of a political system, now comprised of more than 180 separate, independent states. The essential autonomy of states accounts for the political (as well as economic and cultural) heterogeneity in a pluralist and fragmented system, and international law as its common denominator of normative expression. A second theme explores change in international law as reflecting change in the values and purposes of the international political system. It traces the pursuit through law of the traditional ideal of the state system to secure every state's right to realize its own agenda through its own institutions, and the superimposed contemporary purpose to promote individual human rights and welfare in every society. The third theme perceives a movement in the law from 'conceptualism' to 'functionalism', from logical deduction out of abstract principles to pragmatic attention to practical needs and solutions to new and old human problems. Each of these themes dominates in several chapters but the other themes are not absent from any of them. Each will add a fresh perspective and contribute to understanding the nature and operation of international law in the international political system at the turn of a new century.

Book Politics and the Histories of International Law

Download or read book Politics and the Histories of International Law written by and published by BRILL. This book was released on 2021-07-19 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.

Book Politics  Values and Functions

    Book Details:
  • Author : Charney
  • Publisher : Martinus Nijhoff Publishers
  • Release : 2023-09-29
  • ISBN : 9004640924
  • Pages : 488 pages

Download or read book Politics Values and Functions written by Charney and published by Martinus Nijhoff Publishers. This book was released on 2023-09-29 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors and contributors have formed this collection to honor Louis Henkin in his 80th year. He has contributed greatly to the fields of international and constitutional law, to teaching and scholarship, to the international community and to each of the contributors and editors personally. They wanted to acknowledge his outstanding work and they wanted to inspire the next generation of international lawyers by highlighting the impact of Henkin's contribution to international and constitutional scholarship. The editors believe the essays in this collection demonstrate tangibly what can be accomplished by a great and committed mind. The international community profits greatly from his commitment. As will be clear from the list of authors, the topics are dealt with in an outstanding manner; quality needs no praise.

Book The Politics of International Law

Download or read book The Politics of International Law written by Martti Koskenniemi and published by Bloomsbury Publishing. This book was released on 2011-06-10 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

Book How to Do Things with International Law

Download or read book How to Do Things with International Law written by Ian Hurd and published by Princeton University Press. This book was released on 2019-08-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book The Authority of International Law

Download or read book The Authority of International Law written by Ba^Dsak Çal^Di and published by Oxford University Press. This book was released on 2015-10-08 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international legal theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reframing the present accounts of authority in international law, construing its authority as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect, and the duty to rebut. The book provides an original interpretation of this authority - one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuanced account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposes on the state, and that duty's normative force. There is no strict framework in which international law always trumps domestic law or vice versa. Instead, Çalı presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law contributes to existing debates by considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance, and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law.

Book The Thin Justice of International Law

Download or read book The Thin Justice of International Law written by Steven R. Ratner and published by Oxford University Press, USA. This book was released on 2015 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.

Book An Introduction to International Institutional Law

Download or read book An Introduction to International Institutional Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2009-05-14 with total page 853 pages. Available in PDF, EPUB and Kindle. Book excerpt: International institutions are powerful players on the world stage, and every student of international law requires a clear understanding of the forces that shape them. For example, with increasing global influence comes the need for internal control and accountability. This thought-provoking overview considers these and other forces that govern international institutions such as the UN, EU and WTO, and the complex relationship that exists between international organizations and their member states. Covering recent scholarly developments, such as the rise of constitutionalism and global administrative law, and analysing the impact of important cases, such as the ICJ's Genocide case (2007) and the Behrami judgment of the European Court of Human Rights (2007), its clarity of explanation and analytical approach allow students to understand and think critically about a complex subject.

Book The Power and Purpose of International Law

Download or read book The Power and Purpose of International Law written by Mary Ellen O'Connell and published by Oxford University Press. This book was released on 2011-05-10 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

Book The Constitutionalization of International Law

Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by OUP Oxford. This book was released on 2011-04-07 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.

Book The Age of Rights

    Book Details:
  • Author : Louis Henkin
  • Publisher : Columbia University Press
  • Release : 1990
  • ISBN : 9780231064453
  • Pages : 252 pages

Download or read book The Age of Rights written by Louis Henkin and published by Columbia University Press. This book was released on 1990 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores the principal issues and developments, both in international human rights and in rights in the United States, and then compares the concepts and conditions of rights in various parts of the world. It pays particular attention to the role of US foreign policy.

Book The Role of Law in International Politics

Download or read book The Role of Law in International Politics written by Michael Byers and published by Oxford University Press, USA. This book was released on 2001 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary volume examines the highly topical issue of the role international law plays in international politics today.

Book International Law and

    Book Details:
  • Author : August Reinisch
  • Publisher : Bloomsbury Publishing
  • Release : 2016-11-03
  • ISBN : 1509908145
  • Pages : 555 pages

Download or read book International Law and written by August Reinisch and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and...', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways.

Book The New Terrain of International Law

Download or read book The New Terrain of International Law written by Karen J. Alter and published by Princeton University Press. This book was released on 2014-01-24 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Book International Law

Download or read book International Law written by Malcolm Evans and published by Oxford University Press (UK). This book was released on 2010-06-24 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.

Book Fundamentals of Public International Law

Download or read book Fundamentals of Public International Law written by Giovanni Distefano and published by BRILL. This book was released on 2019-05-07 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.