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 challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.

Download or read book International Law and the Arctic written by Michael Byers and published by Cambridge University Press. This book was released on 2013-08 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.

Download or read book The Gender Regime of Anti Liberal Hungary written by Eva Fodor and published by Springer Nature. This book was released on 2021-11-30 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Open Access book explains a new type of political order that emerged in Hungary in 2010: a form of authoritarian capitalism with an anti-liberal political and social agenda. Eva Fodor analyzes an important part of this agenda that directly targets gender relations through a set of policies, political practice and discourse—what she calls “carefare.” The book reveals how this is the anti-liberal response to the crisis-of-care problem and establishes how a state carefare regime disciplines women into doing an increasing amount of paid and unpaid work without fair remuneration. Fodor analyzes elements of this regime in depth and contrasts it to other social policy ideal-types, demonstrating how carefare is not only a set of policies targeting women, but an integral element of anti-liberal rule that can be seen emerging globally.

Download or read book The Concept Of Law Oip written by Herbert Lionel Adolphus Hart and published by . This book was released on 2002-10-24 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Book Has Extensive Notes On The Theoretical Work Of Other Jurists Including References To Austin`S Imperative Theory, Kelson`S Theory Of Basic Norm, And Fuller`S Natural Law Theory.

Download or read book The Continent of International Law written by Barbara Koremenos and published by Cambridge University Press. This book was released on 2016-03-29 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, states negotiate, conclude, sign, and give effect to hundreds of new international agreements. Koremenos argues that the detailed design provisions of such agreements matter for phenomena that scholars, policymakers, and the public care about: when and how international cooperation occurs and is maintained. Theoretically, Koremenos develops hypotheses regarding how cooperation problems like incentives to cheat can be confronted and moderated through law's detailed design provisions. Empirically, she exploits her data set composed of a random sample of international agreements in economics, the environment, human rights and security. Her theory and testing lead to a consequential discovery: considering the vagaries of international politics, international cooperation looks more law-like than anarchical, with the detailed provisions of international law chosen in ways that increase the prospects and robustness of cooperation. This nuanced and sophisticated 'continent of international law' can speak to scholars in any discipline where institutions, and thus institutional design, matter.

Download or read book Taiwan and International Human Rights written by Jerome A. Cohen and published by Springer. This book was released on 2019-05-16 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.

Download or read book Comparative Legal Studies and Internationalization of Law written by Mireille Delmas-Marty and published by Collège de France. This book was released on 2015-02-12 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: By combining a method – comparative studies – with an ongoing process – the internationalization of law, that is, its extension beyond national borders – this Chair looks to the future, as uncertain as it may be. Of course current events tragically highlight the absence of a real legal world order. The collective security system of the Charter of the United Nations has shown its weaknesses and law has been unable to disarm force. Conversely, however, force cannot prevent this unprecedented extension of law, to the extent that no State can lastingly override it. In spite of appearances, it is no longer possible today to ignore the superposition of regional, national and global standards, nor the over-abundance of both national and international institutions and judges, with expanded jurisdiction. The new realities are causing law to evolve into complex and highly unstable interactive systems that are perhaps more symptomatic of profound change than of the defeat of law: we are faced with a change in the very conception of the legal order.

Download or read book The Sovereignty of Human Rights written by Patrick Macklem and published by Oxford University Press. This book was released on 2015-08-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.

Download or read book Cyber Operations and International Law written by François Delerue and published by Cambridge University Press. This book was released on 2020-03-19 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.

Download or read book Comparative International Law written by Anthea Roberts and published by Oxford University Press. This book was released on 2018 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.

Download or read book Capitalism As Civilisation written by Ntina Tzouvala and published by Cambridge University Press. This book was released on 2020-10-29 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.

Download or read book International Law in Public Debate written by Madelaine Chiam and published by Cambridge University Press. This book was released on 2021-12-09 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of international law in public debates and its resulting popular language of international law.

Download or read book The International Court of Justice and Self Defence in International Law written by James A. Green and published by Bloomsbury Publishing. This book was released on 2009-07-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal rules governing the use of force between States are one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force against another in self-defence. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice. This book examines the burgeoning relationship between the ICJ and the right of self-defence. Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions, in contrast to only two such cases in the preceding fifty years. This, then, is an opportune moment to reconsider the jurisprudence of the Court on this issue. This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence. It argues that the contribution of the ICJ has been confused and unhelpful, and compounds inadequacies in existing customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively grave use of force is brought into question. The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue. Winner of the American Society of International Law's Lieber Society Book Prize 2009 Dr Green's monograph demonstrates a thorough understanding of the law of self-defence, coupled with an informed and evaluative discussion of the role and function of the International Court. It is an impressive analysis of the International Court of Justice's jurisprudence on self-defence. Professor Iain Scobbie, Judge of the American Society of International Law's Lieber Society Book Prize 2009, Sir Joseph Hotung Research Professor, School of Oriental and African Studies, London James Green's "The International Court of Justice and Self-Defence in International Law" usefully draws together the jurisprudence of the International Court of Justice on the international law governing self-defence. The work could not be more timely in light of both contemporary State practice and the Court's recent controversial judgements on the topic. Of particular note is his analysis of the very complex, and as yet unsettled, notion of "armed attack." Professor Michael Schmitt, Chairman of the American Society of International Law's Lieber Society Book Prize Committee, Chair of Public International Law, Durham University Winner of the University of Reading Faculty of Social Sciences outputs prize for the best research output in 2010.

Download or read book International Law and History written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2021-01-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

Download or read book Making Human Dignity Central to International Human Rights Law written by Matthew McManus and published by University of Wales Press. This book was released on 2019-09-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been an explosion of writing on the topic of human dignity across a plethora of different academic disciplines. Despite this explosion of interest, there is one group – critical legal scholars – that has devoted little if any attention to human dignity. This book argues that these scholars should attend to human dignity, a concept rich enough to support a whole range of progressive ambitions, particularly in the field of international law. It synthesizes certain liberal arguments about the good of self-authorship with the critical legal philosophy of Roberto Unger and the capabilities approach to agency of Amartya Sen, to formulate a unique conception of human dignity. The author argues how human dignity flows from an individual’s capacity for self-authorship as defined by the set of expressive capabilities s/he possesses, and the book demonstrates how this conception can enrich our understanding of international human rights law by making the amplification of human dignity its fundamental orientation.

Download or read book The Oxford Handbook of Legal Studies written by Peter Cane and published by Oxford University Press, USA. This book was released on 2005 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.

Download or read book Culture and International Law written by Hikmahanto Juwana and published by CRC Press. This book was released on 2019-09-03 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this era of globalization, International Law plays a significant role in facing rapid development of various legal issues. Cultural preservation has emerged as an important legal issue that should be considered by States. This book consists of academic papers presented and discussed during the 9th International Conference of the Centre of International Law Studies (9th CILS Conference) held in Malang, Indonesia, 2-3 October 2018. The title of the book represents the major theme of the conference: "Culture and International Law." It is argued that along with globalization, cultural preservation is slowly ignored by States. Various papers presented in the book cover five topics: cultural heritage; cultural rights; culture and economic activity; culture and armed conflict; and a general topic. The authors of the papers are outstanding academics from various countries, Lithuania, United States of America, Australia, Thailand and Indonesia. The conference was organized by Universitas Indonesia in collaboration with Brawijaya University. This book aims to give a useful contribution to the existing literature on International Law, specifically focussing on cultural issues from the perspective of cultural heritage and rights, economic as well as armed conflict.