Download or read book International Legal Research in a Global Community written by Heidi Frostestad Kuehl and published by . This book was released on 2017 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Community Interests Through written by ZYBERI and published by Intersentia. This book was released on 2021-11-19 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected in various areas, including the global commons, and human rights and security related issues.
Download or read book Towards an international Legal Community written by Colin Warbrick and published by British Inst of International & Comparative. This book was released on 2006 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, a number of the UK's leading international legal theorists consider whether, in light of contemporary legal, economic, and political challenges which the state faces, state sovereignty can continue to be viewed meaningfully as a legal principle. The book examines whether legitimacy is generated merely by the factual condition of a state's existence, or whether in fact the international legal system is now better viewed as a self-generating and increasingly sovereign force, founded upon an incipient 'international legal community' which has in large measure redefined state sovereignty as a lower order principle both contingent upon and attenuated by the normative authority inherent in this nascent 'community'. The book examines whether or not international law is an embryonic 'quasi-constitutional' system, generated by an international legal community. And if so, has this community, although finding its historical origins in the aggregated will of states, assumed a new and immanently-generated legitimacy which is no longer dependent upon state consent for its validity and authority?
Download or read book Community Interests Across International Law written by Eyal Benvenisti and published by Oxford University Press. This book was released on 2018-05-17 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
Download or read book The Function of Law in the International Community written by Hersch Lauterpacht and published by Oxford University Press, USA. This book was released on 2011 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1933, this is one of the seminal works on international law, written by a legendary scholar in the field. This republication, featuring a new introduction by Professor Martti Koskenniemi, once again makes this book available to scholars and students in this area.
Download or read book Community Interests Across International Law written by Eyal Benvenisti and published by Oxford University Press. This book was released on 2018 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
Download or read book Towards World Constitutionalism written by Ronald St. John Macdonald and published by BRILL. This book was released on 2005-11-01 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the need to set new priorities in the development of international law. To that end it seems timely to reconsider the case for strengthening the constitutional framework of norms and institutions that seemed to offer the promise of fulfillment in the second half of the 20th century. The post-Cold War euphoria of the 1990s has virtually evaporated under the stress of new concerns at a time when states comprising the UN system are no longer capable of addressing these challenges. Towards World Constitutionalism argues the case for a more ‘constitutionalized’ system of international law and diplomacy. It is published at a time that the call for reform of the United Nations has become more insistent than at any time in its 60-year history. Even those most faithful to the purposes and principles enunciated in the Charter have had to admit to concerns about the management of certain sectors of the organization; and most concede the unrepresentative character of the powerful Security Council granted legal supremacy as the enforcer of international peace and security. Many go further and complain of unconscionable political bias in the General Assembly and in certain, over politicized, agencies. This collection of essays, by a selection of distinguished scholars representing various traditions of international law, constitutes a major contribution to this debate. It is an important resource for scholars and practitioners, and for all those concerned with the future of international law, and the world community.
Download or read book The Legal Practice in International Law And European Community Law written by Carlos Jiménez Piernas and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers a Spanish perspective on contemporary practice in international law and European Community law by genuine practitioners such as registrars, judges and magistrates serving on national and international courts, as well as advocates practicing in these courts, senior international officials, government advisers and academics. In five parts this book deals with the practice in international courts; practice in international organizations; the European Community practice and; Spanish practice in matters of public and private international law. The last part contains an article on evidence in international practice and a general overview for further research. The book offers a very useful insight in matters otherwise available in Spanish, such as the applications against Spain lodged with the European Court of Human Rights, a comparison between the Spanish Constitutional Court and the Court of Justice of the European Communities, public international law before Spanish domestic courts and the Spanish practice on investment treaties.
Download or read book Is International Law International written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Download or read book International Law Situated written by Outi Korhonene and published by BRILL. This book was released on 2021-10-25 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law Situated is the first study in the series of International Law Monographs by the Erik Castrén Institute of International Law and Human Rights. It is an analysis of both theoretical ambition and practical relevance examining the existential and professional situation of the international lawyer from a range of different perspectives. How do international lawyers think about cultural difference and similarity? What is the role of historical facts in international law and practice? How do lawyers construe notions such as `community' or `humanity'; what role is played therein by normative ideas about similarity and difference; or of the good life? What kinds of ethical considerations are implicit in international law and how should practitioners think about them? This book provides a general framework for responding to these questions and shows their impact and relevance through doctrinal and case contexts. It argues for an emphasis on the individual jurist and her situation as an adviser, an advocate, an analyst, and a decision-maker.
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: The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.
Download or read book Law Making in the International Community written by Gennadiĭ Mikhaĭlovich Danilenko and published by Martinus Nijhoff Publishers. This book was released on 1993-01-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world approaches the end of the twentieth century it becomes clear that the global legal system governing relations between the members of the international community is passing through a period of profound change. The traditional lawmaking techniques, established largely at the beginning of this century, were constituted so as to provide for only gradual reforms within a limited and homogeneous community of states. Faced with a growing number of global problems, the international community has discovered that the traditional legal system lacks effective procedures for rapid generation of new international legal norms. "Law-Making in the International Community" examines to what extent the transformations in the social and the legal infrastructures of the international community have affected the traditional rules, determining how international law is to be made or changed. By focusing on actual state practice, official statements of governments and the pronouncements of the World Court, this book seeks to clarify the content and significance of the existing community consensus concerning the authoritative methods of lawmaking.
Download or read book The International Society as a Legal Community written by Hermann Mosler and published by BRILL. This book was released on 1980-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Individual in the International Legal System written by Kate Parlett and published by Cambridge University Press. This book was released on 2011-04-14 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Download or read book Between Imagined Communities and Communities of Practice written by Nicolas Adell and published by Göttingen University Press. This book was released on 2015 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Community and participation have become central concepts in the nomination processes surrounding heritage, intersecting time and again with questions of territory. In this volume, anthropologists and legal scholars from France, Germany, Italy and the USA take up questions arising from these intertwined concerns from diverse perspectives: How and by whom were these concepts interpreted and re-interpreted, and what effects did they bring forth in their implementation? What impact was wielded by these terms, and what kinds of discursive formations did they bring forth? How do actors from local to national levels interpret these new components of the heritage regime, and how do actors within heritage-granting national and international bodies work it into their cultural and political agency? What is the role of experts and expertise, and when is scholarly knowledge expertise and when is it partisan? How do bureaucratic institutions translate the imperative of participation into concrete practices? Case studies from within and without the UNESCO matrix combine with essays probing larger concerns generated by the valuation and valorization of culture.
Download or read book Legal Rules and International Society written by Anthony Clark Arend and published by Oxford University Press. This book was released on 1999-09-09 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an interdisciplinary examination of international law by addressing four critical questions: How are international legal rules distinctive? How does an investigator determine the existence of a rule of international law? Does international law really matter in international politics? and What effect could the changing nature of international relations have on international law? Using Constructivist theory, Arend argues that international law can alter the identity of states, and, consequently, have a profound impact on state behavior.
Download or read book The Community of Interest Approach in International Water Law written by Julie Gjørtz Howden and published by BRILL. This book was released on 2020-06-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Community of Interest Approach in International Water Law, Julie Gjørtz Howden identifies the normative elements of the community of interest approach, and how the approach provides a legal framework for common management of international watercourses.
