Tanaka Kōtarō and World Law

Tanaka Kōtarō and World Law
Author: Kevin M. Doak
Publisher: Springer
Total Pages: 136
Release: 2018-10-01
Genre: Political Science
ISBN: 3030020355

This book explores one of the 20th century’s most consequential global political thinkers and yet one of the most overlooked. Tanaka Kōtarō (1890-1974) was modern Japan’s pre-eminent legal scholar and jurist. Yet because most of his writing was in Japanese, he has been largely overlooked outside of Japan. His influence in Japan was extraordinary: the only Japanese to serve in all three branches of government, and the longest serving Chief Justice of the Supreme Court. His influence outside Japan also was extensive, from his informal diplomacy in Latin America in the prewar period to serving on the International Court of Justice in the 1960s. His stinging dissent on that court in the 1966 South-West Africa Case is often cited even today by international jurists working on human rights issues. Above and beyond these particular lines of influence, Tanaka outlined a unique critique of international law as inherently imperialistic and offered as its replacement a theory of World Law (aka “Global Law”) based on the Natural Law. What makes Tanaka’s position especially notable is that he defended the Natural Law not as a European but from his vantage point as a Japanese jurist, and he did so not from public law, but from his own expertise in private law. This work introduces Tanaka to a broader, English-reading public and hopes thereby to correct certain biases about the potential scope of ideas concerning human rights, universality of reason, law and ethics.

Liber Amicorum Judge Shigeru Oda

Liber Amicorum Judge Shigeru Oda
Author: Nisuke Ando
Publisher: BRILL
Total Pages: 825
Release: 2023-03-13
Genre: Law
ISBN: 9004531165

Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions. The print edition is available as a set of two volumes (9789041117908).

Nationalism and Internationalism in Imperial Japan

Nationalism and Internationalism in Imperial Japan
Author: Dick Stegewerns
Publisher: Routledge
Total Pages: 272
Release: 2005-07-27
Genre: History
ISBN: 1135790604

Throughout the history of modern Japan there has been a continuous struggle to create an integrated conception of how a politically and/or culturally autonomous Japan might relate to a pluralistic and interactive world. The aim of this study is to scrutinise nationalist and internationalist rhetoric by means of comparatively constant factors such as personal views of humanity, civilisation, progress, the nation and the outside world, and thus to develop new approaches towards the question of the relationship between Japanese nationalism and internationalism. This project brings together a group of comparatively young scholars who analyse how different generations of opinion leaders in the Japanese pre-war modern era tried to solve what they perceived as the dilemma of nationalism and internationalism.

Status of Law in International Society

Status of Law in International Society
Author: Richard A. Falk
Publisher: Princeton University Press
Total Pages: 698
Release: 2015-03-08
Genre: Law
ISBN: 1400872561

Professor Falk gives special attention to the political setting that shapes international law and to the creation of those intellectual perspectives which would strengthen world order. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Multiculturalism and International Law

Multiculturalism and International Law
Author: Sienho Yee
Publisher: BRILL
Total Pages: 801
Release: 2009-01-01
Genre: Law
ISBN: 9004174710

This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international law an ever more topical issue in honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.

The Sociology of Law and the Global Transformation of Democracy

The Sociology of Law and the Global Transformation of Democracy
Author: Chris Thornhill
Publisher: Cambridge University Press
Total Pages: 599
Release: 2018-06-21
Genre: Law
ISBN: 1107199905

Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.

The Spirit of Uppsala

The Spirit of Uppsala
Author: Atle Grahl-Madsen
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 620
Release: 2019-06-04
Genre: Law
ISBN: 3110908751

No detailed description available for "The Spirit of Uppsala".

Dissenting and Separate Opinions at the World Court

Dissenting and Separate Opinions at the World Court
Author: Ijaz Hussain
Publisher: Martinus Nijhoff Publishers
Total Pages: 360
Release: 1984-10-15
Genre: Political Science
ISBN: 9789024729203

This edition differs from its predecessors in that, at the request of many French-speaking & other jurists, it is now completely bilingual, in the two official languages of the International Court of Justice under Article 39 of the Statute -English & French. As before, this compilation aims to provide the practitioner in the Court, the diplomat, the politician & the student with a handy & complete collection of documents relating to the operation of the International Court of Justice, the principal judicial organ of the United Nations. In order to increase the usefulness of this compilation, the unofficial translations of the Rules of Court of 1978 into Arabic, Chinese, Russian & Spanish -the official languages of the United Nations -have been included.

Contemporary Challenges to Criminal Justice

Contemporary Challenges to Criminal Justice
Author: Paul Behrens
Publisher: Bloomsbury Publishing
Total Pages: 463
Release: 2023-12-28
Genre: Law
ISBN: 1509948643

This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, domestic and comparative criminal justice, transnational and international criminal law. Exploring some of the most interesting challenges arising in these fields, it examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide and the notion of magnitude and incitement to terrorism. Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective. With a comprehensive introduction and conclusion drawing the various strands together, it offers a rigorous, coherent overview of the key issues in play in contemporary international criminal justice. This diversity and expertise ensures its appeal to a large audience of students, scholars and practitioners of criminal justice around the world.