Download or read book The Supremacy of the State in International Law written by and published by . This book was released on 2003 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Function of Law in the International Community written by Hersch Lauterpacht and published by OUP Oxford. This book was released on 2011-07-14 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.
Download or read book The Death of Treaty Supremacy written by David Sloss and published by Oxford University Press. This book was released on 2016 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.
Download or read book The Creation of States in International Law written by James Crawford and published by Oxford University Press. This book was released on 2006 with total page 943 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Download or read book The Supremacy of the State in International Law written by James B. Whisker and published by . This book was released on 2003 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Act of State Doctrine holds that a state is legally supreme within its own boundaries and its sovereign is wholly immune to the judgments of other nations. The acts that the sovereign power's agents perform as part of their official duties and responsibilities cannot be called into question in the courts of another nation. If a state possesses not final and complete power over its own territory and citizens it is a dependency, a colony, or an occupied area. As nations moved into the modern world nations began to have second thoughts about maintaining and supporting sovereign absolutism. This study investigates past, current, and emerging meanings of the act of state doctrine. It also examines exceptions to the act of state doctrine.
Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How to Do Things with International Law written by Ian Hurd and published by Princeton University Press. This book was released on 2019-08-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.
Download or read book Transparency in International Law written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2013-11-07 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Download or read book The State Immunity Controversy in International Law written by Ernest K. Bankas and published by Springer Science & Business Media. This book was released on 2005-12-05 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
Download or read book Identity and Continuity of States in Public International Law written by Krystyna Marek and published by Librairie Droz. This book was released on 1968 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Duelling for Supremacy written by Fulvio Maria Palombino and published by Cambridge University Press. This book was released on 2019-05-16 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses national practices on conflicts between international law and national fundamental principles with a comparative perspective.
Download or read book Separating Powers International Law before National Courts written by David Haljan and published by Springer Science & Business Media. This book was released on 2012-10-30 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
Download or read book Statehood and the State Like in International Law written by Rowan Nicholson and published by Oxford University Press, USA. This book was released on 2019-09 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.
Download or read book State Sovereignty and Non Interference in International Law written by Benjamin Mekinde Tonga and published by GRIN Verlag. This book was released on 2021-02-17 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2018 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 3.6/4, , course: Law, language: English, abstract: The principles of state sovereignty and non-interference rest at the very heart of International law and springs from the 1648 Westphalian treaty.Westphalian sovereignty is the principle of international law that each nation state has sovereignty over its territory and domestic affairs to the exclusion of all external powers. This is founded on the principle of non-interference in another country‟s domestic affairs and that each state irrespective of its size is equal in International law. This study shall rely principally on the doctrinal research methodology by systematic and thematic analysis of existing data on sovereignty and non-interference. The interpretation of sovereignty as narrowly as the non-intervention principle has placed sovereignty against the possibility of intervening for the protection of Human rights. The Rwanda genocide, mass atrocity crimes and crimes against humanity that characterized the state of Rwanda and Srebrenica amongst others raised the need for action by the International community to protect not only states, but also people. This thesis attempts therefore, to find a bridge between these two seemingly opposing interests -protecting the state for a strong international order and protecting the people to save lives. Responsibility to protect is based on the notion of a primary responsibility with each and every state to protect its population, and a secondary responsibility with the international community to assist a state, which is unwilling or unable to protect its people. This thesis concludes that responsibility to protect is part of sovereignty, as a duty of a state, corresponding to the right of non-intervention. If the reign fails to protect its people, or is itself abusing its people, the right of non-intervention becomes void.
Download or read book The Law of Nations and the United States Constitution written by Anthony J. Bellia (Jr) and published by Oxford University Press. This book was released on 2017 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of nations and the Constitution -- The law merchant and the Constitution -- The law of state-state relations and the Constitution -- The law of state-state relations in federal courts -- The law maritime and the Constitution -- Modern customary international law -- The inadequacy of existing theories of customary -- Judicial enforcement of customary international law against foreign nations -- Judicial enforcement of customary international law against the United States -- Judicial enforcement of customary international law against U.S. states
Download or read book The Equality of States in International Law written by Edwin DeWitt Dickinson and published by . This book was released on 1920 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
