International Law from Below

International Law from Below
Author: Balakrishnan Rajagopal
Publisher: Cambridge University Press
Total Pages: 363
Release: 2003-11-06
Genre: Political Science
ISBN: 1139438239

The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.

Law and Globalization from Below

Law and Globalization from Below
Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
Total Pages: 424
Release: 2005-09-08
Genre: Political Science
ISBN: 9781139446143

This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.

The Rights of Refugees under International Law

The Rights of Refugees under International Law
Author: James C. Hathaway
Publisher: Cambridge University Press
Total Pages: 1453
Release: 2021-04-22
Genre: Law
ISBN: 1108495893

The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.

Revolutions in International Law

Revolutions in International Law
Author: Kathryn Greenman
Publisher: Cambridge University Press
Total Pages: 445
Release: 2021-02-18
Genre: Law
ISBN: 110885236X

In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.

The Conduct of Hostilities Under the Law of International Armed Conflict

The Conduct of Hostilities Under the Law of International Armed Conflict
Author: Yoram Dinstein
Publisher:
Total Pages: 0
Release: 2010
Genre: Aggression (International law)
ISBN: 9780511722936

"This is the seminal textbook on the law of international armed conflict, written by the leading commentator on the subject. Focusing on issues arising in the course of hostilities between States, it explores lawful and unlawful combatants, war crimes, prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. The title's exploration of the law as it applies to recent conflicts in Iraq and Afghanistan underlines the topicality of the subject. Recent increased case law and treaties are explored. In addition, Professor Dinstein comments on the ICRC project on Direct Participation in Hostilities and the Harvard HPCR project on Air and Missile Welfare. In this new edition, the most complex fields in the subject are made more accessible to the student, while the academic rigour which was a hallmark of the first edition is retained"--Provided by publisher

Transitional Justice from Below

Transitional Justice from Below
Author: Kieran McEvoy
Publisher: Bloomsbury Publishing
Total Pages: 274
Release: 2008-07-15
Genre: Political Science
ISBN: 1847314422

Although relatively new as a distinct field of study, transitional justice has become rapidly established as a vital field of enquiry. From vaguely exotic origins on the outer edges of political science, the study of 'justice' in times of transition has emerged as a central concern of scholarship and practical policy-making. A process of institutionalisation has confirmed this importance. The ICTY, the ICTR, the ICC, hybrid tribunals in Sierra Leone and East Timor and 'local' processes such as the Iraqi Higher Tribunal (IHT) have energised international law and international criminal justice scholarship. The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world. It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past. At the national level, international donors contribute huge sums of money to 'Rule of Law' programmes designed to transform national justice systems. This collection seeks to offer something quite different to the mainstream of scholarship in this area, emphasising the need for bespoke solutions to different transitions rather than 'off the shelf' models. The collection is designed to offer a space for diversity, prompted by a series of perspectives "from below" of societies beset by past violent conflict which have sought to effect their transition to justice. In doing so the contributors have also sought to enrich discussion about the role of human rights in transition, the continuing usefulness of perspectives from above, and the still contested meanings of "transition".

International Law and History

International Law and History
Author: Ignacio de la Rasilla
Publisher: Cambridge University Press
Total Pages: 465
Release: 2021-01-21
Genre: Law
ISBN: 1108606520

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

The Law of the Sea and Climate Change

The Law of the Sea and Climate Change
Author: Elise Johansen
Publisher: Cambridge University Press
Total Pages: 463
Release: 2020-12-17
Genre: Business & Economics
ISBN: 1108842267

Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.

United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1146
Release: 2013
Genre: Law
ISBN:

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Mobilizing for Human Rights

Mobilizing for Human Rights
Author: Beth A. Simmons
Publisher: Cambridge University Press
Total Pages: 473
Release: 2009-10-29
Genre: Law
ISBN: 0521885108

Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.