Download or read book Renegotiating Westphalia written by Christopher Harding and published by Martinus Nijhoff Publishers. This book was released on 1999-07-21 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history. Comparisons are drawn with both global and other regional developments to test the hypothesis of a 'European international law'. The work will be of interest to teachers, students and practitioners (legal and otherwise) in the field of international law and relations.
Download or read book Renegotiating Westphalia written by C.L. Lim and published by BRILL. This book was released on 1999-07-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history. Comparisons are drawn with both global and other regional developments to test the hypothesis of a 'European international law'. The work will be of interest to teachers, students and practitioners (legal and otherwise) in the field of international law and relations.
Download or read book Eu Diplomatic Law written by Sanderijn Duquet and published by Oxford University Press. This book was released on 2022-10-28 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Diplomatic Law provides a thorough analysis of the interactions between the European Union (EU) and international diplomatic and consular law. Over the past six decades, the EU has been granted unique powers that enable it to act prominently on the international plane, thereby developing a worldwide bilateral and multilateral diplomatic network. Much like the States, the EU sends ambassadors to all corners of the world and accredits permanent missions at its Brussels' headquarters. These developments shake the foundations of diplomatic and consular law, as these branches of international law are based on the principles of state sovereignty, non-interference, and reciprocity. Traditional conceptions of international law only allow states to perform diplomatic and consular functions, leaving little room for non-state entities such as the EU. Sanderijn Duquet addresses this fundamental problem by re-visiting the foundations of diplomatic and consular law, as well as analysing EU practice in initiating, conducting, and terminating diplomatic and consular relations. In particular, she focuses on: the scope of EU diplomatic and consular powers, especially in relationship to its member states; its application of the Vienna Conventions and customary international law; the EU's use of creative legal techniques; the diplomatic and consular protection of EU citizens; questions of protocol and precedence; and the legal status of the EU's diplomatic staff and premises abroad. By critically analysing these issues, this book assesses the specific contribution the EU makes to the shaping of diplomatic and consular law.
Download or read book The Other s War written by Tarik Kochi and published by CRC Press. This book was released on 2009-05-07 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Other's War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches – just war theory, classical realist, post-Kantian, poststructuralist – contemporary ethical, political and legal philosophy still struggles to produce a convincing account of war. Focusing on the philosophical problem of the rightness of war, The Other's War responds to this lack. Through a discussion of a number of key Western intellectual traditions, Kochi demonstrates how often conflicting and contradictory conceptions of war’s rightness have developed in modernity. He shows how a process of ordering violence around different notions of right has constantly redrawn the boundaries of what constitutes ‘legitimate’ violence. Such a process has consequences for anyone who claims to be fighting a ‘just war’. Building upon this account and drawing upon the philosophical heritage of G.W.F. Hegel and Ernst Bloch, The Other’s War proposes a new understanding of war, not just as a social condition characterised by violent conflict and struggles for power, but as the attempt of individuals and groups to realise their normative claims through violence. Kochi argues that both of these aspects of war are an expression of the metaphysics of human subjectivity. War begins with, and is the radical exaggeration of, a fundamental activity of human subjectivity, in which the subject constitutes its normative and material identity; realising and positing itself through acts that involve negation and violence. By drawing consideration of the problem of war back to the level of a philosophical examination of the metaphysics of human subjectivity, The Other's War develops a novel theory of war that helps us to better understand the nature of contemporary conflict as a process of recognition. From this perspective, judgment, it is concluded, needs to be constantly guided by the effort to recognise the ethics of the other's war.
Download or read book The Regulation of International Financial Markets written by Rainer Grote and published by Cambridge University Press. This book was released on 2006-02-16 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: International financial relations have become increasingly important for the development of global and national economies. At present these relations are primarily governed by market forces, with little regulatory interference at the international level. In the light of numerous financial crises, this abstinence must be seriously questioned. Starting with an analysis of the regulatory problems at the international level, with only minimal powers entrusted to international organisations, this book develops various possibilities for reform. On the basis of an historical analysis, the book first adopts a comparative approach to national attempts to regulate international financial markets, then outlines the potential of relevant institutions and finally develops a policy perspective. It seeks to provide a framework for analysing options for the regulation of international financial markets from a public international law and comparative law perspective.
Download or read book The International Committee of the Red Cross and its Mandate to Protect and Assist written by Christy Shucksmith and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor. It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract human-centric concepts, including sovereignty as responsibility and human security, in order to assess the development of the concept of humanity for the mandate and practice of the ICRC. Critically this book uses semi- structured interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo. Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and extremely complicated conflicts, in which, civilians, soldiers and non-State actors intermingle. In order to remain useful for the people on the ground, therefore, the ICRC is progressively developing its mandate. This book questions whether, on occasion, this could threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking of and recovery from conflict.
Download or read book Sovereignty International Law and the French Revolution written by Edward James Kolla and published by Cambridge University Press. This book was released on 2017-10-12 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The advent of the principle of popular sovereignty during the French Revolution inspired an unintended but momentous change in international law. Edward James Kolla explains that between 1789 and 1799, the idea that peoples ought to determine their fates in international affairs, just as they were taking power domestically in France, inspired a series of new and interconnected claims to territory. Drawing on case studies from Avignon, Belgium, the Rhineland, the Netherlands, Switzerland, and Italy, Kolla traces how French revolutionary diplomats and leaders gradually applied principles derived from new domestic political philosophy and law to the international stage. Instead of obtaining land via dynastic inheritance or conquest in war, the will of the people would now determine the title and status of territory. However, the principle of popular sovereignty also opened up new justifications for aggressive conquest, and this history foreshadowed some of the most controversial questions in international relations today.
Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2008-11-13 with total page 1664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent commentary which distinguished previous editions remain, making this essential reading for all students of international law whether they be at undergraduate level, postgraduate level or professional lawyers.
Download or read book International Humanitarian Law Origins written by John Carey and published by BRILL. This book was released on 2015-01-27 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In three distinct volumes the editors bring together a distinguished group of contributors whose essays chart the history, practice, and future of international humanitarian law. At a time when the war crimes of recent decades are being examined in the International Criminal Tribunals for Former Yugoslavia and Rwanda and a new International Criminal Court is being created as a permanent venue to try such crimes, the role of international humanitarian law is seminal to the functioning of such attempts to establish a just world order. The intent of these volumes is to help to inform where humanitarian law had its origins, how it has been shaped by world events, and why it can be employed to serve the future. The other volumes in this set are International Humanitarian Law: Challenges and International Humanitarian Law: Prospects Published under the Transnational Publishers imprint.
Download or read book International Humanitarian Law written by John Carey and published by BRILL. This book was released on 2003 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: In three distinct volumes the editors bring together a distinguished group of contributors whose essays chart the history, practice, and future of international humanitarian law. At a time when the war crimes of recent decades are being examined in the International Criminal Tribunals for Former Yugoslavia and Rwanda and a new International Criminal Court is being created as a permanent venue to try such crimes, the role of international humanitarian law is seminal to the functioning of such attempts to establish a just world order. The intent of these volumes is to help to inform where humanitarian law had its origins, how it has been shaped by world events, and why it can be employed to serve the future. The other volumes in this set are International Humanitarian Law: Origins and International Humanitarian Law: Challenges Published under the Transnational Publishers imprint.
Download or read book International Humanitarian Law Prospects written by John Carey and published by BRILL. This book was released on 2006-09-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In three distinct volumes the editors bring together a distinguished group of contributors whose essays chart the history, practice, and future of international humanitarian law. At a time when the war crimes of recent decades are being examined in the International Criminal Tribunals for Former Yugoslavia and Rwanda and a new International Criminal Court is being created as a permanent venue to try such crimes, the role of international humanitarian law is seminal to the functioning of such attempts to establish a just world order. The intent of these volumes is to help to inform where humanitarian law had its origins, how it has been shaped by world events, and why it can be employed to serve the future. The other volumes in this set are International Humanitarian Law: Origins and International Humanitarian Law: Challenges Published under the Transnational Publishers imprint.
Download or read book Sovereignty in the Exercise of the Right to Self Determination written by Jane A. Hofbauer and published by BRILL. This book was released on 2016-11-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Sovereignty in the Exercise of the Right to Self-Determination Jane Hofbauer explores to what extent (indigenous) peoples can be designated as sovereign entities through the exercise of different tiers of self-determination.
Download or read book Comparative Law as Transnational Law written by Russell A. Miller and published by Oxford University Press, USA. This book was released on 2012 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In offering different approaches to an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.
Download or read book A Theory of International Terrorism written by L. Ali Khan and published by BRILL. This book was released on 2006-06-30 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Theory of International Terrorism studies Islamic militancy in the geopolitical contexts of Chechnya, Kashmir, Palestine, and the September 11 attacks on the United States. These contexts have shaped a global ontology of Islamic terrorism, which asserts that puritan Islam is inherently violent and Muslim militants are addicted to carnage. This ontology is significantly changing international law. It defends the preemptive war on terror and disregards civil liberties, prescribing extra-judicial killings, torture, renditions, indefinite detentions, and numerous other human rights violations. These normative shifts are considered inevitable to suppress Muslim militants. Questioning these shifts, the book argues that the policy of no negotiations with Muslim militants is contrary to the UN Charter. It also argues that terrorism cannot be eradicated unless the Nation-State evolves into the Free State, a concept developed in The Extinction of Nation-States (1996) and A Theory of Universal Democracy (2003). Universities, governments, and international organizations will find this book a source of valuable information.
Download or read book International Water Law and the Quest for Common Security written by Bjorn-Oliver Magsig and published by Routledge. This book was released on 2015-03-24 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world’s freshwater supplies are increasingly threatened by rapidly increasing demand and the impacts of global climate change, but current approaches to transboundary water management are unsustainable and may threaten future global stability and international security. The absence of law in attempts to address this issue highlights the necessity for further understanding from the legal perspective. This book provides a fresh conceptualisation of water security, developing an operational methodology for identifying the four core elements of water security which must be addressed by international law: availability; access; adaptability; and ambit. The analysis of the legal framework of transboundary freshwater management based on this contemporary understanding of water security reveals the challenges and shortcomings of the current legal regime. In order to address these shortcomings, the present mindset of prevailing rigidity and state-centrism is challenged by examining how international legal instruments could be crafted to advance a more flexible and common approach towards transboundary water interaction. The concept of considering water security as a matter of ‘regional common concern’ is introduced to help international law play a more prominent role in addressing the challenges of global water insecurity. Ways for implementing such an approach are proposed and analysed by looking at international hydropolitics in Himalayan Asia. The book analyses transboundary water interaction as a ‘case study’ for advancing public international law in order to fulfil its responsibility of promoting international peace and security.
Download or read book Alternative Visions of the International Law on Foreign Investment written by C. L. Lim and published by Cambridge University Press. This book was released on 2016-03-03 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays pay tribute to Muthucumaraswamy Sornarajah's illustrious career and explore alternative visions of international investment law and arbitration.
Download or read book Unlawful Territorial Situations in International Law written by Enrico Milano and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
