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| Author | : James Crawford |
| Publisher | : Cambridge University Press |
| Total Pages | : 485 |
| Release | : 2012-01-26 |
| Genre | : Law |
| ISBN | : 0521190886 |
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
| Author | : Denise Wohlwend |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 328 |
| Release | : 2021-05-28 |
| Genre | : Law |
| ISBN | : 178990742X |
This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.
| Author | : André Nollkaemper |
| Publisher | : Oxford University Press |
| Total Pages | : 384 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0191652822 |
This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.
| Author | : Heike Krieger |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 401 |
| Release | : 2019-08 |
| Genre | : Law |
| ISBN | : 0198843607 |
This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.
| Author | : Michael Zurn |
| Publisher | : Cambridge University Press |
| Total Pages | : 401 |
| Release | : 2012-06-18 |
| Genre | : Law |
| ISBN | : 1139510975 |
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
| Author | : Dr Vesselin Popovski |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 233 |
| Release | : 2014-02-28 |
| Genre | : Law |
| ISBN | : 1472428056 |
This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.
| Author | : Ian Hurd |
| Publisher | : Princeton University Press |
| Total Pages | : 200 |
| Release | : 2019-08-27 |
| Genre | : Law |
| ISBN | : 0691196508 |
A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.
| Author | : Augusto Lopez-Claros |
| Publisher | : Cambridge University Press |
| Total Pages | : 561 |
| Release | : 2020-01-23 |
| Genre | : Law |
| ISBN | : 1108476961 |
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
| Author | : Ian Brownlie |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 264 |
| Release | : 1998-08-26 |
| Genre | : Law |
| ISBN | : 9789041110688 |
This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.
| Author | : Vaughan Lowe |
| Publisher | : OUP Oxford |
| Total Pages | : 145 |
| Release | : 2015-11-26 |
| Genre | : Law |
| ISBN | : 0191576204 |
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
