Participants in the International Legal System

Participants in the International Legal System
Author: Jean d'Aspremont
Publisher: Taylor & Francis
Total Pages: 496
Release: 2011-04-20
Genre: Law
ISBN: 1136724931

The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.

Global Constitutionalism in International Legal Perspective

Global Constitutionalism in International Legal Perspective
Author: Christine EJ Schwöbel
Publisher: Martinus Nijhoff Publishers
Total Pages: 218
Release: 2011-03-21
Genre: Law
ISBN: 9004191151

Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.

Chinese Contemporary Perspectives on International Law

Chinese Contemporary Perspectives on International Law
Author: Xue Hanqin
Publisher: Martinus Nijhoff Publishers
Total Pages: 289
Release: 2012-12-03
Genre: Law
ISBN: 9004236139

Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.

The United States and International Law

The United States and International Law
Author: Lucrecia García Iommi
Publisher: University of Michigan Press
Total Pages: 365
Release: 2022-07-26
Genre: Law
ISBN: 0472055410

Why U.S. support for international law is so inconsistent

The Impact of International Law on International Cooperation

The Impact of International Law on International Cooperation
Author: Eyal Benvenisti
Publisher: Cambridge University Press
Total Pages: 336
Release: 2004-09-02
Genre: Law
ISBN: 9781139456067

This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is an understanding of the forces that pull states toward closer cooperation or prevent them from doing so, and the impact of different types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states' incentives to cooperate through the design of norms and institutions.

The Individual in the International Legal System

The Individual in the International Legal System
Author: Kate Parlett
Publisher: Cambridge University Press
Total Pages: 463
Release: 2011-04-14
Genre: Law
ISBN: 1139499971

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.

Legal and Ethical Challenges of Artificial Intelligence from an International Law Perspective

Legal and Ethical Challenges of Artificial Intelligence from an International Law Perspective
Author: Themistoklis Tzimas
Publisher: Springer Nature
Total Pages: 246
Release: 2021-07-30
Genre: Law
ISBN: 3030785858

This book focuses on the legal regulation, mainly from an international law perspective, of autonomous artificial intelligence systems, of their creations, as well as of the interaction of human and artificial intelligence. It examines critical questions regarding both the ontology of autonomous AI systems and the legal implications: what constitutes an autonomous AI system and what are its unique characteristics? How do they interact with humans? What would be the implications of combined artificial and human intelligence? It also explores potentially the most important questions: what are the implications of these developments for collective security –from both a state-centered and a human perspective, as well as for legal systems? Why is international law better positioned to make such determinations and to create a universal framework for this new type of legal personality? How can the matrix of obligations and rights of this new legal personality be construed and what would be the repercussions for the international community? In order to address these questions, the book discusses cognitive aspects embedded in the framework of law, offering insights based on both de lege lata and de lege ferenda perspectives.

International Law and the Politics of History

International Law and the Politics of History
Author: Anne Orford
Publisher: Cambridge University Press
Total Pages: 395
Release: 2021-08-05
Genre: History
ISBN: 1108480942

Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

Legitimacy in International Law

Legitimacy in International Law
Author: Rüdiger Wolfrum
Publisher: Springer Science & Business Media
Total Pages: 423
Release: 2008-02-26
Genre: Law
ISBN: 3540777644

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.