Download or read book Understanding Jus Cogens in International Law and International Legal Discourse written by Ulf Linderfalk and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.
Download or read book International Law as a Belief System written by Jean d'Aspremont and published by Cambridge University Press. This book was released on 2018 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?
Download or read book Peremptory Norms of General International Law Jus Cogens written by Dire Tladi and published by BRILL. This book was released on 2021-08-16 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.
Download or read book The International Legal System as a System of Knowledge written by Linderfalk, Ulf and published by Edward Elgar Publishing. This book was released on 2022-10-25 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is an underdeveloped branch of legal research: researchers still disagree over the proper understanding of several of its most fundamental issues, and genuinely so. This book helps to explain why. It brings clarity that will no doubt make international legal research more rational, which in turn vouches for a more productive legal discourse.
Download or read book The Discourse on Customary International Law written by Jean d'Aspremont and published by Oxford University Press. This book was released on 2021-05-10 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law. The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.
Download or read book Semiotics of International Law written by Evandro Menezes de Carvalho and published by Springer Science & Business Media. This book was released on 2010-10-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.
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 From Apology to Utopia written by Martti Koskenniemi and published by Cambridge University Press. This book was released on 2006-02-02 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.
Download or read book The Nature of International Law written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2019-04-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Download or read book After Meaning written by d’Aspremont, Jean and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.
Download or read book The Fundamental Rules of the International Legal Order written by Christian Tomuschat and published by BRILL. This book was released on 2006 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.
Download or read book Jus Cogens written by Thomas Weatherall and published by Cambridge University Press. This book was released on 2015-07-16 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive political and legal examination of jus cogens, a complex doctrine essential to contemporary international society.
Download or read book Expansionism in International Human Rights Law written by Işıl Aral and published by BRILL. This book was released on 2024-03-28 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores a specific discursivity at work in international human rights law. It examines the ways in which the discourse on international human rights law constantly expands its domain while preserving its distinctiveness from general international law. It particularly exposes the oscillations between generalist and exceptionalist claims made in international human rights law for the sake of expanding its scope. Reviewing several contemporary controversies on international human rights law, it sheds lights on the possible drivers behind such expansionist discursivity.
Download or read book Customary International Law on the Use of Force written by Enzo Cannizzaro and published by BRILL. This book was released on 2005-11-01 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comes out at a time of grave uncertainty about the content and the very existence of international legal restraints on the use of force, in the international community as well as among legal scholars. The time is therefore ripe for an in-depth analysis on the methodological issues which constitute the basic bricks on which the legal discourse about the state of the law must be built. By offering the result of an open and frank discussion about the methodology of determining the law on the use of force "at a time of perplexity", this timely book constitutes an invaluable contribution to legal analysis.
Download or read book International Law and Empire written by Martti Koskenniemi and published by Oxford University Press. This book was released on 2016-12-22 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In times in which global governance in its various forms, such as human rights, international trade law, and development projects, is increasingly promoted by transnational economic actors and international institutions that seem to be detached from democratic processes of legitimation, the question of the relationship between international law and empire is as topical as ever. By examining this relationship in historical contexts from early modernity to the present, this volume aims to deepen current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance. As it explores fundamental ways in which international legal discourses have operated in colonial as well as European contexts, the book enters a heated debate on the involvement of the modern law of nations in imperial projects. Each of the chapters contributes to this emerging body of scholarship by drawing out the complexity and ambivalence of the relationship between international law and empire. They expand on the critique of western imperialism while acknowledging the nuances and ambiguities of international legal discourse and, in some cases, the possibility of counter-hegemonic claims being articulated through the language of international law. Importantly, as the book suggests that international legal argument may sometimes be used to counter imperial enterprises, it maintains that international law can barely escape the Eurocentric framework within which the progressive aspirations of internationalism were conceived
Download or read book The Right of Actio Popularis before International Courts and Tribunals written by Farid Ahmadov and published by BRILL. This book was released on 2018-08-13 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.
