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Author: James Crawford Publisher: ISBN: 9781874698142 Category : International law Languages : en Pages : 607
Book Description
This collection contains a selection of essays and articles by a leading scholar and practitioner in international law, covering nearly two decades of reflection and research. The writings cover a wide variety of topics related to international law, ranging from the nature of the international legal system, self-determination, the democratic entitlement in international law, state secession and state succession, to the nature of the codification process within the International Law Commission. Also included are Professor Crawford reflections on his work as a member of the Australian Law Reform Commission. The section on International Responsibility elaborates on many of the key problems that confronted the International Law Commission during the completion of its work on state responsibility and providing a comprehensive overview of the final stages of the process.
Author: James Crawford Publisher: ISBN: 9781874698142 Category : International law Languages : en Pages : 607
Book Description
This collection contains a selection of essays and articles by a leading scholar and practitioner in international law, covering nearly two decades of reflection and research. The writings cover a wide variety of topics related to international law, ranging from the nature of the international legal system, self-determination, the democratic entitlement in international law, state secession and state succession, to the nature of the codification process within the International Law Commission. Also included are Professor Crawford reflections on his work as a member of the Australian Law Reform Commission. The section on International Responsibility elaborates on many of the key problems that confronted the International Law Commission during the completion of its work on state responsibility and providing a comprehensive overview of the final stages of the process.
Author: Jean d'Aspremont Publisher: Cambridge University Press ISBN: 1108421873 Category : Law Languages : en Pages : 179
Book Description
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?
Author: Roland Portmann Publisher: Cambridge University Press ISBN: 1139493221 Category : Law Languages : en Pages :
Book Description
Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.
Author: Alan Boyle Publisher: OUP Oxford ISBN: 0191021768 Category : Law Languages : en Pages : 368
Book Description
This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Author: Emmanuel Roucounas Publisher: BRILL ISBN: 9004385363 Category : Law Languages : en Pages : 731
Book Description
The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.
Author: Vaughan Lowe Publisher: OUP Oxford ISBN: 0191027286 Category : Law Languages : en Pages : 328
Book Description
International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.
Author: Benedetto Conforti Publisher: Martinus Nijhoff Publishers ISBN: 9780792323198 Category : Law Languages : en Pages : 234
Book Description
This book is an updated version of the General Course on public international law given by the author in French at the Hague Academy of International Law in 1988. It provides an outline of the Law of Nations in a perspective that focuses on its application and development through domestic courts and other legal actors'. It is based on the idea that international law is no longer the exclusive province of diplomats but must evolve under the guidance of all State organs charged with applying the law.
Author: Kate Parlett Publisher: Cambridge University Press ISBN: 1139499971 Category : Law Languages : en Pages : 463
Book Description
Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Author: James Crawford
Author: James Crawford
Author: Jean d'Aspremont
Author: William Elliott Butler
Author: Panos Merkouris
Author: Roland Portmann
Author: Alan Boyle
Author: Emmanuel Roucounas
Author: Vaughan Lowe
Author: Benedetto Conforti
Author: Kate Parlett