Download or read book Promises of States under International Law written by Christian Eckart and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level. The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law. After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'être for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty. This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.
Download or read book Unilateral Acts of States in Public International Law written by Przemyslaw Saganek and published by BRILL. This book was released on 2015-11-09 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Unilateral Acts of States in Public International Law Przemysław Saganek discusses one of the most important sources of States’ obligations in international law. He analyzes in a critical way the classical catalogue of unilateral acts comprising: promise, waiver, recognition and protest. He convincingly proves that this list is misleading as it oversees several important acts of States. On the other hand, several classical acts do not necessarily give rise to legal effects or are not necessarily unilateral. The author undertakes a thorough analysis of several types of acts, showing their similarities and dissimilarities. He concludes that the group category of ‘unilateral acts’ covers such diverse elements that they could be hardly codified in a single set of rules.
Download or read book Promises of States Under International Law written by Christian Eckart and published by . This book was released on 2012 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level. The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law. After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'être for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty. This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.
Download or read book The United States and International Law written by Lucrecia García Iommi and published by University of Michigan Press. This book was released on 2022-07-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why U.S. support for international law is so inconsistent
Download or read book Between Peril and Promise written by J. Martin Rochester and published by CQ Press. This book was released on 2011-11-08 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this concise introduction to international law, students gain a clear appreciation for how politics shapes the development of international law, and how international law shapes political relations between states. Throughout the book, Rochester takes this complex subject and makes it accessible with his vibrant, easy-to-read prose.
Download or read book International Law A Very Short Introduction written by Vaughan Lowe and published by OUP Oxford. This book was released on 2015-11-26 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
Download or read book Distribution of Responsibilities in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2015-09-18 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring theoretical foundations for the distribution of shared responsibility, this book provides a basis for the development of international law.
Download or read book Investment Treaties and the Rule of Law Promise written by N. Jansen Calamita and published by Cambridge University Press. This book was released on 2022-10-06 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such arguments have never been backed by empirical research. This book presents an analytical framework for thinking about the internalisation of international commitments in governmental decision making that takes account of the complexities of governance. In so doing, it provides a typology of processes whereby international treaty obligations may be internalised by governments and identifies factors which may affect whether and to what extent international commitments are internalised in governmental decision making. This framework serves as the background for the main body of the book in which empirical case studies address whether and how a select group of governments in Asia internalise international investment treaty obligations in their decision-making.
Download or read book Torture written by Sanford Levinson and published by Oxford University Press. This book was released on 2004-10-28 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Torture is perhaps the most unequivocally banned practice in the world today. Yet recent photographs from Abu Ghraib substantiated claims that the United States and some of its allies are using methods of questioning relating to the war on terrorism that could be described as torture or, at the very least, as inhuman and degrading. In terror's wake, the use of such methods, at least under some conditions, has gained some prominent defenders, notably from within the White House. In this revised edition, Torture: A Collection brings together leading lawyers, political theorists, social scientists, and public intellectuals to debate the advisability of maintaining the absolute ban and to reflect on what it says about our societies if we do--or do not--adhere to it in all circumstances. New to this edition are essays by Charles Krauthammer and Andrew Sullivan on the adoption in 2005 of the McCain Amendment, which explicitly bars the use of torture and other cruel methods of interrogation.
Download or read book The Promise of Human Rights written by Jamie Mayerfeld and published by University of Pennsylvania Press. This book was released on 2016-05-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.
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.
Download or read book The Power of Promises written by Alexandra Harmon and published by University of Washington Press. This book was released on 2012-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaties with Native American groups in the Pacific Northwest have had profound and long-lasting implications for land ownership, resource access, and political rights in both the United States and Canada. In The Power of Promises, a distinguished group of scholars, representing many disciplines, discuss the treaties' legacies. In North America, where treaties have been employed hundreds of times to define relations between indigenous and colonial societies, many such pacts have continuing legal force, and many have been the focus of recent, high-stakes legal contests. The Power of Promises shows that Indian treaties have implications for important aspects of human history and contemporary existence, including struggles for political and cultural power, law's effect on people's self-conceptions, the functions of stories about the past, and the process of defining national and ethnic identities.
Download or read book Sources of State Practice in International Law written by Ralph Gaebler and published by Martinus Nijhoff Publishers. This book was released on 2014-06-05 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law. Sources of State Practice in International Law is an indispensable reference for researchers in both international law and international relations. Contributors: Jennifer Allison, Martin Bouda, Rob Britt, Talia Einhorn, Victor Essien, Gabriela Femenia, Ralph F. Gaebler, Susan Gualtier, Ryan Harrington, Carole L. Hinchcliff, Marci Hoffman, Vera Korzun, Jootaek (Juice) Lee, Joseph Luke, Evelyn Ma, Teresa M. Miguel-Stearns, Dana Neacsu, Kara Phillips, Sunil Rao, Mary Rumsey, Alison A. Shea, Maria I. Smolka-Day, Suzanne Thorpe and Beatrice Tice
Download or read book International Law written by Eric Suy and published by Martinus Nijhoff Publishers. This book was released on 1998-05-11 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Suy occupies a prominent place in international law, both as an academic lawyer as well as the former Under-Secretary-General & Legal Counsel of the United Nations. His activities as a teacher, scholar, UN Legal Counsel, keynote speaker on many occasions & as a legal advisor to Belgian & foreign governmental authorities naturally led to the sub-divisions of this volume, such as the law of international organizations, the law of the European Union, the law of armed conflict, & the peaceful settlement of disputes. The contributions, all by friends of Eric Suy, present the vast panorama of his intellectual pursuits.
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.
Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Download or read book Economic Foundations of International Law written by Eric A. Posner and published by Harvard University Press. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.
