Download or read book A Farewell to Fragmentation written by Mads Tønnesson Andenæs and published by Cambridge University Press. This book was released on 2015-10-09 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fragmentation Diversification and Expansion of International Law written by Canadian Council on International Law. Conference and published by . This book was released on 2006 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Companion to International Law written by James Crawford and published by Cambridge University Press. This book was released on 2012-01-26 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Download or read book The Making of International Law written by Alan E. Boyle and published by Oxford University Press, USA. This book was released on 2007 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Introduction 2. Participants in International Law-making 3. Multilateral Law-making Processes 4. Codification and Progressive Development of International law 5. Law-making Instruments 6. The Role of Courts.
Download or read book The Right to Food and the World Trade Organization s Rules on Agriculture written by Rhonda Ferguson and published by BRILL. This book was released on 2018-01-03 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Download or read book Multi Sourced Equivalent Norms in International Law written by Tomer Broude and published by Bloomsbury Publishing. This book was released on 2011-03-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.
Download or read book What Makes Law written by Liam Murphy and published by Cambridge University Press. This book was released on 2014-06-16 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.
Download or read book Fragmentation in International Human Rights Law written by Marjan Ajevski and published by Routledge. This book was released on 2017-07-14 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.
Download or read book The Work of the International Law Commission written by Vereinte Nationen International Law Commission and published by . This book was released on 2007 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 304 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 Sovereignty Statehood and State Responsibility written by Christine Chinkin and published by Cambridge University Press. This book was released on 2015-02-12 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.
Download or read book Interaction and Delimitation of International Legal Orders written by Maria Fogdestam Agius and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Interaction and Delimitation of International Legal Orders, the author describes how actions of international dispute settlement bodies set up within institutionalized treaty regimes contribute to the establishment of autonomous international legal orders. Based on examples from the WTO, the EU, the law of the sea and international environmental law, the book presents a typology of uses of legal norms and principles that are extrinsic in the sense that they derive not from the regime, but from general public international law, other treaty regimes, or the jurisprudence from courts operating in other fields. The investigation contradicts assertions that international courts will contribute to systemic integration and offers reflections on repercussions for the legitimacy of international norms and institutions.
