Download or read book Theories of Compliance with International Law written by Mark G. Burgstaller and published by BRILL. This book was released on 2004-11-26 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.
Download or read book The Oxford Handbook of International Environmental Law written by Lavanya Rajamani and published by Oxford University Press. This book was released on 2021-08-06 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.
Download or read book Compliance Public Authority written by Oran R. Young and published by Routledge. This book was released on 2013-10-18 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a theory of compliance and authority that wouild be applicable to behavior concerning economic contracts, law, enforcement, and international relations. It examiones the problem of compliance in centralized (e.g. national and state laws) and decentralized (international treaties) systems. Applies the theory to explain the level of compliance with Partial Nuclear Test Ban Treaty anf the International North Pacific Fisheries Convention. Originally published in 1979
Download or read book International Courts and the Performance of International Agreements written by Clifford J. Carrubba and published by Cambridge University Press. This book was released on 2015 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
Download or read book How International Law Works written by Andrew T. Guzman and published by Oxford University Press. This book was released on 2010 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.
Download or read book Improving Compliance with International Law written by Roger Fisher and published by . This book was released on 1981 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monograph on law enforcement of national level compliance with international law - considers conventional law enforcement theory based on sanctions as a means of international dispute settlement and encouraging compliance but suggests international agreements and treatys, reciprocal reaction to noncompliance, enlightened self- interest and integration of international law into national legislation are more effective, and looks at the role of international organizations and international and domestic courts. References.
Download or read book A Landscape of Contemporary Theories of International Law written by Emmanuel Roucounas and published by BRILL. This book was released on 2019-09-16 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.
Download or read book Reckoning with Culture written by Asher Alkoby and published by . This book was released on 2006 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis highlights some of the directions in which a constructivist study of compliance with international law ought to proceed in order to fulfill its potential for a true reckoning with cultural diversity. It advances a discourse approach to the long term construction of a global community, complemented by an "interactional" theory of international lawmaking, and explores the crucial roles that civil society actors may play in the construction of such a community.The thesis examines the treatment of cultural difference in theories of compliance with international law, and shows how diversity is often overlooked in the study of state behaviour. The study of norm compliance in both international law (IL) and international relations (IR) disciplines proceeds as an empirical project from which policy prescriptions are drawn, while many fundamental questions remain unexplored: What is the nature of the change that local cultures are undergoing in a globalized world and what role does (or should) international law play in this process? What is the feasible (and the desired) degree of social cohesion in a culturally diverse "global community"? What is the nature of the interaction between the social (both state and non-state) actors involved?The answers to these questions, while often not considered or contemplated, always underlie theories of compliance in both IL and IR literatures. The thesis explains why the answers to these questions are crucial for developing a coherent theory of compliance with international law, and begins to outline a conceptual roadmap for exploring them.The discussion begins by showing why views of cultures as either inescapably separate or manifestly converging are deeply problematic and advances a conception that appreciates the inevitable hybridity of cultural formations in the age of globalization. The thesis then provides a critical assessment of the empirical and the conceptual contributions to the compliance debate by excavating the assumptions regarding human action, community and culture underlying each. Special attention is given to the constructivist approach in IL and IR literatures. Constructivism's potential for a full engagement with cultural diversity is evident, but this potential has not yet been fully realized.
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 Interdisciplinary Perspectives on International Law and International Relations written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2013 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: Influential writers on international law and international relations explore the making, interpretation and enforcement of international law.
Download or read book The structure and process of international law essays in legal philosophy doctrine and theory written by Ronald St. J. Macdonald and published by Brill Archive. This book was released on 1989 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Theories and Practices of Compliance with WTO Law written by Yenkong Ngangjoh Hodu and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compliance with international institutional norms is often conceived as a yardstick with which to test the effectiveness of international law. However, the ongoing failure of the WTO regime to elicit compliance with its agreements has led many legal theorists to reject this view in favour of a ‘realism’ that describes an international system, void of any authority to enforce rules, in which egoistic states calculate their own interests in light of the existing distribution of power. An ‘institutionalist’ riposte, which insists on the capability of states to come together nonetheless to make binding rules that will determine their behaviour vis-à-vis each other, of necessity focuses on developing enforceable remedies when rules are not complied with. Confronting this stark and apparently intractable situation, this book applies social science theories to the question as to why nation-states comply or do not comply with international trade law obligations. The author examines various theories of compliance in the context of world trade law, and discusses ways in which a much more robust compliance with global trade rules may be ensured. In the course of the analysis numerous germane issues arise, including the following: the stalemate in the WTO judicial and political process; third party rights and WTO Law compliance; the role of arbitrators in determining reasonable period of time; contract theory; reputation costs; good faith obligations required by pacta sunt servanda; imposing remedies collectively; multilateral enforcement of DSB findings; and early determination of injuries once nullification and impairment have been established. The author’s approach leads not only to a new understanding of the function of the WTO as a legal system, but also to well-grounded recommendations concerning remedies that address the issue of continuous breach of legal duties in the WTO. This is a timely and accessible analysis of an increasingly important aspect of the interface of international trade law and economics. It will undoubtedly lead to a deeper debate and accelerate the inevitability of effective practical action. Policymakers, practitioners, and academics in different fields of social sciences will appreciate its forward-looking perspective in identifying the issues that are now assuming centre stage in international economic law.
Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Download or read book Theory of Obligations in International Law written by Cezary Mik and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects, to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organizations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students and practitioners concerned with international law - its creation, performance, application, compliance and enforcement"--
Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
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 Beyond compliance written by Ann E. Kent and published by NUS Press. This book was released on 2009 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extensively researched study of Chinese participation in international organisations, this book argues that the record of China's international behaviour since the 1970s indicates the long-term effectiveness of the multilateral system.
