Download or read book The Institutional Problem in Modern International Law written by Richard Collins and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.

Download or read book International Law and Institutions written by Aaron Schwabach and published by EOLSS Publications. This book was released on 2009-08-30 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law and Institutions is a component of Encyclopedia of Institutional and Infrastructural Resources in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The main role of international law is to promote global peace and prosperity. Ideally, international law and its accompanying institutions act as a balm to smoothen and rationalize opposing interests that nations may have. This theme on International Law and Institutions addresses International Legal and Economic Issues: Globalization and the Struggle for Local Control and International Environmental Law, which are then expanded into multiple subtopics, each as a chapter. This volume is aimed at the following five major target audiences: University and College students Educators, Professional practitioners, Research personnel and Policy analysts, managers, and decision makers and NGOs.

Download or read book The Institutional Problem in Modern International Law written by Richard Collins and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.

Download or read book International Law and World Order written by B. S. Chimni and published by Cambridge University Press. This book was released on 2017-05-25 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law (IMAIL), combining the insights of Marxism, socialist feminism, and postcolonial theory. The book uses this approach to systematically and critically examine the most influential contemporary theories of international law, including new, feminist, realist, and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure, and process of international law. The book also considers crucial world order issues and problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis, and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics, and global studies.

Download or read book International Institutional Law written by Henry G. Schermers and published by BRILL. This book was released on 2021-11-15 with total page 1336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.

Download or read book Reconstructing the International Institutional Order written by Samantha Besson and published by Collège de France. This book was released on 2021-09-14 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: States are no longer alone on the international scene. Other institutions intervene alongside States, and even sometimes in their place, such as international organizations, multinational corporations, non-governmental organizations, regions or global cities. Still, one would look in vain for clear indications in international law, including for the basic principles of an “international law of institutions” that could address the three fundamental questions of social and political organization that are representation, regulation and responsibility. What institutions may act in whose name internationally? What are the conditions for their actions to bind us legally and have the legitimacy to do so? And what institutions should be held responsible, by whom and how, in case of violation of international law? The time has come to reconstruct the international institutional order.

Download or read book The Institutional Veil in Public International Law written by Catherine Brölmann and published by Bloomsbury Publishing. This book was released on 2007-09-13 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the nature of international organisations and the tension between their legal nature and the system of classic, state-based international law. This tension is important in theory and practice, particularly when organisations are brought under the rule of international law and have to be conceptualised as legal subjects, for example in the context of accountability. The position of organisations is complicated by what the author terms 'the institutional veil', comparable to the corporate veil found in corporate law. The book focuses on the law of treaties, as this pre-eminently 'horizontal' branch of international law brings out the problem particularly clearly. The first part of the book addresses the legal phenomenon of international organisations, their legal features as independent concepts, the history of international organisations and of legal thought in respect of them, and the development of contemporary law on international organisations. The second part deals with the practice of international organisations and treaty-making. It discusses treaty-making practice within organisations, judicial practice in interpretation of organisations' constitutive treaties, and the practice of treaty-making by organisations. The third and final part analyses the process by which international organisations have been brought under the rule of the written law of treaties, offering a practical application of the conceptual framework as previously set out. Part three is at the same time an analytic overview of the drafting history of the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. This is a profound and penetrating examination of the character of international organisations and their place in international law, and will be an important source for anyone interested in the future role of organisations in the international legal system.

Download or read book International Institutional Law written by Henry G. Schermers and published by Martinus Nijhoff Publishers. This book was released on 2011-08-11 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.

Download or read book International Institutional Law written by Henry G. Schermers and published by Springer. This book was released on 1974-11-25 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.

Download or read book Institutionalised International Law written by Matthias Ruffert and published by Hart Pub Limited. This book was released on 2014-02-06 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook, first published in German, explains and analyses not only the structures of international organisations in general, but also focuses on the interplay between the creation of institutional structures and important substantive areas of public international law. In the first and second parts of the book the general aspects of the law of international organisations are surveyed, and in the third part international security, human rights protection, trade, development and environmental protection are analysed in terms of the interplay between substantive and institutional law. This third part is built on the assumption that the law of international organisations needs to be studied 'in action', ie by looking at highly institutionalised areas of international law as a way of analysing the mutual influences between institutional and substantive international law. This is the first book on international law to bring together institutional and substantive aspects in this comparable manner. It is aimed at students of the law of international organisations, the social sciences and political science and practitioners in the field of international institutions.

Download or read book The Dynamics of International Law written by Georg Schwarzenberger and published by Abingdon [Eng.] : Professional Books. This book was released on 1976 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Institutional Supports for the International Rule of Law written by Charles Sampford and published by Routledge. This book was released on 2014-08-27 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.

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 How International Law Works in Times of Crisis written by George Ulrich and published by Oxford University Press. This book was released on 2019-09-19 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Download or read book Searching for Contemporary Legal Thought written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2017-12-28 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

Download or read book The Many Paths of Change in International Law written by and published by Oxford University Press. This book was released on 2023-11-16 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Download or read book International Law s Invisible Frames written by Andrea Bianchi and published by Oxford University Press. This book was released on 2021-09-23 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is international law, and how does it work? This book argues that our answers to these fundamental questions are shaped by a variety of social cognition and knowledge production processes. These processes act as invisible frames, through which we understand international law. To better conceive the frames within which international law moves and performs, we must understand how psychological and socio-cultural factors affect decision-making in an international legal process. This includes identifying the groups of people and institutions that shape and alter the prevailing discourse in international law, and unearthing the hidden meaning of the various mythologies that populate and influence our normative world. With chapters from leading experts in the discipline, employing insights from sociology, psychology, and behavioural science, this book investigates the mechanisms that allow us to apprehend and intellectually represent the social practice of international law. It unveils the hidden or unnoticed processes by which our understanding of international law is formed, and helps readers to unlearn some of the presuppositions that inform our largely unquestioned beliefs about international law.