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Book The Renovation of International Law

Download or read book The Renovation of International Law written by D. Josephus Jitta and published by Springer. This book was released on 1919 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: I have written my work during THE WAR. The idea of acoJ1ectivity of the States is interwoven allthrough my work, but, of course, the pro­ ject of a League of nations, which has been elaborated during the armi­ stice, could not be taken into consideration. This is, moreover, a subject­ matter which can only be dealt with, in an experimental way, in future times. Besides, I dare say that my work does not fall short with regard to the plans of the day; so far as the juridical community of mankind is concerned, it is even ahead of its time. MARCH, 1919. JITTA. CONTENTS CHAPTER I. OBJECT AND SCHEME OF THE WORK. page My object. Mankind as a community de facto. Mankind as a juridical community. The unity of international law. Scheme of the system. The positive rules of the law of war. The egotism of the States. The burden of the subject-matter. The causticity of some of the materials. The use of a language. CHAPTER II. THE SYSTEM. FIRST PART. Public International Law. First Section. THE GENERAL DIRECTION OF PUBLIC AFFAIRS. § I. The Sovereignty of the State and the Sovereignty of Mankind. 7 The sovereignty of the State. The qualifications to be given to the sovereignty of the State according to reasonable principles. The qualifications of the sovereignty in positive law. The religious and patriotic impediments of the evolution of positive law, as to so­ vereignty.

Book Asian Yearbook of International Law  Volume 23  2017

Download or read book Asian Yearbook of International Law Volume 23 2017 written by Seokwoo Lee and published by BRILL. This book was released on 2019-12-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.

Book Recent Developments in International Law

Download or read book Recent Developments in International Law written by James Wilford Garner and published by . This book was released on 1925 with total page 866 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Nineteenth Century Perspectives on Private International Law

Download or read book Nineteenth Century Perspectives on Private International Law written by Roxana Banu and published by Oxford University Press. This book was released on 2018-07-19 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.

Book International Law  a Treatise

Download or read book International Law a Treatise written by Lassa Francis Lawrecne Oppenheim and published by . This book was released on 1928 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book International Law

    Book Details:
  • Author : Hersch Lauterpacht
  • Publisher : Cambridge University Press
  • Release : 1970
  • ISBN : 9780521076432
  • Pages : 578 pages

Download or read book International Law written by Hersch Lauterpacht and published by Cambridge University Press. This book was released on 1970 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book From Soviet to Russian International Law

Download or read book From Soviet to Russian International Law written by George Ginsburgs and published by BRILL. This book was released on 2023-09-20 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Russia's international law persona is still in its infancy and it will take a while for the cycle to run its full course. However, significant changes have already occurred in some areas, thus offering an opportunity to analyze the trends here and track the process of emergence of successor doctrines and practices destined to replace the Soviet heritage. The quartet of topics selected for treatment in this volume - the relationship between international and domestic law; citizenship and state succession; the Sino-Russian boundary problem; and cooperation with China in policing crime - illustrates major shifts in Russia's international law policy in a bid to shed the corset of Communist ideology and the old regime's modus operandi and join the international community's mainstream culture. The test cases also attest to the difficulties encountered in the process of transition and show that progress on this front has by no means been uniform. The sample includes both instances where the break with the past looks quite pronounced and where greater distancing from precedent might logically have been expected, but, for reasons that are then explored, a sense of substantive continuity instead prevails, albeit made more palatable by an application of linguistic cosmetics. From Soviet to Russian International Law: Studies in Continuity and Change marks the occasion of the author's 65th birthday and the 40th anniversary of his publishing debut.

Book The American Society of International Law s First Century  1906 2006

Download or read book The American Society of International Law s First Century 1906 2006 written by Frederic L. Kirgis and published by BRILL. This book was released on 2006-04-01 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the historic launch of the organization by such luminaries as Elihu Root and Charles Evans Hughes, to the recent era when international law is more and more in the public realm, Kirgis’s book traces the evolution of the organization and its relationship to events in the United States and around the world. As he says in the preface: '...In the end, the reader will have to make his/her own judgment about how well the Society has run the course it set out for itself in 1906. I hope this book will provide a basis for that judgment. And of course no judgment at this stage can be final. The American Society of International Law will carry on into its second century with new and continuing programs that take into account what it has done in its first one hundred years. It will continue to do its best to demonstrate not only what international law is or should be, but also that, in the words of former ASIL President Louis Henkin, international law matters.'

Book Private International Law in BRICS

Download or read book Private International Law in BRICS written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

Book China  Cultural Heritage  and International Law

Download or read book China Cultural Heritage and International Law written by Hui Zhong and published by Routledge. This book was released on 2017-11-27 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.

Book International Law

Download or read book International Law written by Lassa Oppenheim and published by . This book was released on 1928 with total page 892 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book International Law and Islam

    Book Details:
  • Author : Ignacio de la Rasilla del Moral
  • Publisher : BRILL
  • Release : 2018-12-10
  • ISBN : 9004388370
  • Pages : 373 pages

Download or read book International Law and Islam written by Ignacio de la Rasilla del Moral and published by BRILL. This book was released on 2018-12-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of international law in historical perspective. The role of Islam in its various intellectual, political and legal manifestations within the history of international law is part of the exciting intellectual renovation of international and global legal history in the dawn of the twenty-first century. The present volume is an invitation to engage with this thriving development after ‘generations of prejudiced writing’ regarding the notable contribution of Islam to international law and its history.

Book The International Law Commission s Draft Articles on State Responsibility

Download or read book The International Law Commission s Draft Articles on State Responsibility written by United Nations. International Law Commission and published by Martinus Nijhoff Publishers. This book was released on 1991-05-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility and their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, and circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, and its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers and students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.

Book Columbia Law Review

Download or read book Columbia Law Review written by and published by . This book was released on 1919 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Universalising International Law

Download or read book Universalising International Law written by C.G. Weeramantry and published by BRILL. This book was released on 2004-04-01 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Universalising international law is one of the most urgent tasks awaiting those who wish to advance the discipline. Though all the world acknowledges its universal nature, it has long been confined in a largely monocultural mould. Indeed a tendency is sometimes discernible for international law to be compartmentalised and to function within a close cabinet of technical rules little known to those outside the ranks of specialists. This volume looks initially at some general aspects of universalisation. It thereafter adopts a universalist approach to some of the sources of international law and it deals with peace, the bedrock of international law, which likewise requires a universalist approach. It is hoped that these studies will highlight the imperative need that now exists for extending the conceptual framework of international law, thereby buttressing its moral authority and widening its appeal at a time when universal acceptance of international law is one of the most pressing demands of the international system.

Book The Rights of Refugees under International Law

Download or read book The Rights of Refugees under International Law written by James C. Hathaway and published by Cambridge University Press. This book was released on 2005-09-15 with total page 1240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.