The Advancement Of International Law
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Author | : Charles Leben |
Publisher | : Bloomsbury Publishing |
Total Pages | : 346 |
Release | : 2010-10-15 |
Genre | : Law |
ISBN | : 1847316034 |
Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.
Author | : Sir Geoffrey Gilbert Butler |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 602 |
Release | : 2003 |
Genre | : Law |
ISBN | : 1584772158 |
"Believing that changes in International Law have been ultimately an expression of changes in the state system of the world and in the practice of the nations, we have tried, as it were, to cut into the procession of history at fixed points, to select some central theme at each stage, and to treat it in the light of history and law. In this attempt we arrived at a division of history from our point of view into three major periods which we have termed respectively those of the Prince, of the Judge, and of the Concert. In the first period, the scholar is still in the age of the dissolving Holy Roman Empire; in the second, commercial and dynastic wars - above all, the long-drawn-out struggle between France and England - dominate the scene; in the third and last, it is the voice of some force other than that of pure nationalism which, whatever the reason, reasserts itself. No division of this kind can be wholly satisfactory, but it is our belief that under one or another of these headings almost every issue which has interest for the historian of the Law of Nations can be conveniently treated." -- from the Preface by the author.
Author | : Hersch Lauterpacht |
Publisher | : Cambridge University Press |
Total Pages | : 431 |
Release | : 1982 |
Genre | : Law |
ISBN | : 0521463327 |
The book appraises the international judicial process and will be of value to anyone interested in this subject.
Author | : George Breckenridge Davis |
Publisher | : |
Total Pages | : 714 |
Release | : 1908 |
Genre | : Hague Peace Conference |
ISBN | : |
Chapter 1, Definition & history. Chapter 2. States and their essential attributes: Chapter 3. Perfect and imperfect rights. Chapter 4. National character: Chapter 5. Extradition. Chapter 6. Private international law: Chapter 7. The right of Legation: Chapter 8. Treaties and conventions: Chapter 9. The conflict of international rights: Chapter 10. War: Chapter 11. Maritime capture: Chapter 12.Neutrality: Chapter 13. Contraband of war. Chapter 14. Blockade: Chapter 15. The right of search.
Author | : United Nations. International Law Commission |
Publisher | : |
Total Pages | : 306 |
Release | : 2007 |
Genre | : Conflict of laws |
ISBN | : 9789521023378 |
Author | : Hersch Lauterpacht |
Publisher | : |
Total Pages | : 118 |
Release | : 1934 |
Genre | : |
ISBN | : |
Author | : Subrata Roy Chowdhury |
Publisher | : BRILL |
Total Pages | : 441 |
Release | : 2023-11-27 |
Genre | : Law |
ISBN | : 9004637680 |
The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.
Author | : Otfried Nippold |
Publisher | : |
Total Pages | : 266 |
Release | : 1923 |
Genre | : International law |
ISBN | : |
Author | : Margaret A. Young |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2012-01-12 |
Genre | : Law |
ISBN | : 1139504932 |
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author | : Sir Geoffrey Gilbert Butler |
Publisher | : |
Total Pages | : 612 |
Release | : 1928 |
Genre | : International law |
ISBN | : |