Collection of Essays by Legal Advisers of States, Legal Advisers of International Organizations and Practitioners in the Field of International Law PDF Download

Author: United Nations. Office of Legal Affairs
Publisher: United Nations Publications
ISBN:
Category : Law
Languages : en
Pages : 544

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Book Description
The world has changed radically since 1989, when the General Assembly declared the period from 1990 to 1999 as the United Nations Decade of International Law. During that time, the international community claimed some major achievements as reflected by the adoption of conventions and treaties. This publication presents a collection of essays from legal advisers of States and international organizations, all of whom are among those committed to promoting respect for international law. Their contribution provides a practical perspective on international law, viewed from the standpoint of those involved in its formation, application and administration.

Author: Jan Wouters
Publisher: Edward Elgar Publishing
ISBN: 1785363174
Category : Law
Languages : en
Pages : 459

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Book Description
This unique book presents an in-depth analysis of the provision of legal advice at international organizations. It elucidates the dual role of legal advisers as representatives of their organization and as international civil servants acting as protectors and promoters of international law.

Author: Andraž Zidar
Publisher: BRILL
ISBN: 9004280308
Category : Law
Languages : en
Pages : 408

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Book Description
In The Role of Legal Advisers in International Law prominent international legal professionals provide a range of original insights on the position of legal advisers and their vital contribution to the development, interpretation and application of international law.

Author: I.F. Dekker
Publisher: Springer Science & Business Media
ISBN: 9067048496
Category : Law
Languages : en
Pages : 253

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Book Description
The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes documentation on Netherlands' International Law practice.

Author: Fernando G. Nuñez-Mietz
Publisher: Routledge
ISBN: 0429855648
Category : Political Science
Languages : en
Pages : 442

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Book Description
The international system is becoming increasingly legalized, with legal arguments and legal advisors playing an increasingly important part in the state policymaking process. Presenting a practice-oriented theory of compliance with international law, this book shows how international law affects the behavior of increasingly lawyerized states in an ever more legalized world. By highlighting the legalization of international legitimation and the lawyerization of policymaking as the new engines of compliance, the book’s analytical framework rethinks the relationship between state behavior and international law, and provides an empirical focus on security through the study of NATO’s military intervention in Yugoslavia in 1999 and the changes in the US detention and interrogation programs in the "War on Terror." Relying on primary sources, the author demonstrates the effect of lawyerized decision making on international law compliance, reconstructing the strategies of (de-)legitimation used to show that international law is the hegemonic frame of reference in interstate debates. This book will be of interest to scholars of international relations, government studies, foreign service studies and lawyers employed in government work.

Author: Andrea Bianchi
Publisher: OUP Oxford
ISBN: 0191038695
Category : Law
Languages : en
Pages : 380

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Book Description
International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Author: Radhika Withana
Publisher: BRILL
ISBN: 9047431790
Category : Law
Languages : en
Pages : 296

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Book Description
This volume addresses the question as to where international law fits into the making and implementation of foreign policy during an international crisis in which a State is considering and / or may actually use force. Empirical literature on the law-State behaviour relationship during international crises has not been able to answer this question adequately. The limitations of existing empirical literature are identified as stemming from the limitations of existing positivist, realist and functionalist theoretical explanations of the law-State behaviour relationship. These theoretical approaches, which underpin existing empirical literature on international crises, assume that international law matches what is referred to in this book as its ‘rule-book’ image. This is the notion of international law as a finite set of objective, politically neutral, rules that can be applied so as to distinguish objectively between legal and illegal action. The rule-book image of international law does not match reality, but the assumption that it is true underpins both theoretical literature and references to international law in political rhetoric. The rule-book image and the reality of international law have been reconciled within the theory of International law as Ideology (ILI) as developed by Shirley Scott. This book hypothesises that an ILI perspective offers a better explanation of the law-State behaviour relationship during international crises than rival explanations grounded in positivism, realism or functionalism. Four case studies of State behaviour—of the US, the Soviet Union and the PRC during the Korean War (1950-1953), of the US and UK during the Suez crisis (1956), of the US and the Soviet Union during the Cuban Missile Crisis (1962) and of the US and an alliance of Latin American States during the Dominican Republic crisis (1965)—are used to test the hypothesis. The findings confirm the greater explanatory efficacy of ILI and demonstrate that the significance of international law to foreign policy decision-making during international crises is more than that of deterring the use of force as is assumed by rival theoretical approaches grounded in a rule-book image of international law. International law is shown to serve as a vehicle for inter-State competition during international crises.

Author: Asif H. Qureshi
Publisher: Kluwer Law International B.V.
ISBN: 9041142037
Category : Law
Languages : en
Pages : 512

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Book Description
There can be little doubt that a group of prominent and influential organizations lie at the heart of international economic law (IEL). These include the Bretton Woods institutions, regional development banks and economic organizations, and various specialized global institutions primarily active in norm generation. This volume possesses the unique distinction of presenting the perspectives – both institutional and personal – of legal counsels in some key international economic organizations regarding their work and the role of law within the framework of their organizations, with particular attention to the conditions within which they can optimally contribute to the development of IEL. This last consideration is emphasized in three ‘external’ academic perspectives that focus mainly on what the role of counsels in international economic organizations ought to be. Each first-hand perspective focuses on counsel’s involvement in such aspects of IEL as the following: providing internal advice on the law of the organization; assisting members with respect to domestic institutions and law in the economic sphere; to what extent (if any) legal counsels are normally involved in policy making for issues that are not strictly of a legal nature; intellectual contributions both to the development of international law and the dissemination and exchange of legal knowledge among various stakeholders; ethical challenges and response to possible conflicts of interests; generation of soft law economic instruments; legal issues on replenishment of resources for development funding; setting of internationally recognized standards or best practices for commercial and financial legislation; informal networks of lawyers and lawyer functions which cut across institutional and territorial boundaries; and negotiation and management of free trade agreements from a legal perspective.

Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1107140390
Category : Law
Languages : en
Pages : 471

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Book Description
This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.

Author: Emilia Korkea-aho
Publisher: Cambridge University Press
ISBN: 1108904939
Category : Law
Languages : en
Pages : 337

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Book Description
This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.