Parochialism, Cosmopolitanism, and the Foundations of International Law

Parochialism, Cosmopolitanism, and the Foundations of International Law
Author: Mortimer N. S. Sellers
Publisher: Cambridge University Press
Total Pages: 303
Release: 2012
Genre: Law
ISBN: 0521518024

This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

Truyol y Serra's Doctrines of International Law

Truyol y Serra's Doctrines of International Law
Author: Robert Kolb
Publisher: Edward Elgar Publishing
Total Pages: 308
Release:
Genre: International law
ISBN: 1788116372

Inspired by Antonio Truyol y Serra’s classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders.

Regionalism in International Law

Regionalism in International Law
Author: Ján Klučka
Publisher: Routledge
Total Pages: 157
Release: 2017-12-01
Genre: Law
ISBN: 1351661493

International Law: Aspects of Regionalism evaluates regionalism in its various relationships and forms with respect to international law, as well as the importance and duties of international law in respect to the establishment and functioning of various forms of regional groups. A great deal of attention has been paid to regionalism from the global, political, ecocomic, security aspects, but a complex evaluation of the impact it has had on international law, and vice versa, is still lacking. The main purpose of this volume is to eliminate this gap and present the latest state of knowledge on the topic. This text will be of interest both to students at an advanced level, academics, and reflective practitioners. It addresses the topics with regard to international law and regionalism and will be of interest to academics dealing with legal aspects of current regionalism and for the specialized courses in the faculties of law, as well as anyone studying diplomacy and international studies, international relations, regional integration law, EU law, international law, and international relations.

General Principles of Law in the Decisions of International Criminal Courts and Tribunals

General Principles of Law in the Decisions of International Criminal Courts and Tribunals
Author: Fabián Raimondo
Publisher: BRILL
Total Pages: 237
Release: 2008
Genre: Law
ISBN: 9004170472

International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, "inter alia" because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged a ~subsidiarya (TM) nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.

International Legal Theory

International Legal Theory
Author: Nicholas Onuf
Publisher: Routledge
Total Pages: 500
Release: 2009-05-07
Genre: Law
ISBN: 1135972184

Nicholas Onuf’s International Legal Theory: Essays and Engagements 1966-2007 is a collection of the author’s articles and book reviews from the period, including some previously unpublished material. The book records the author’s efforts to address important problems in international legal theory and to engage other scholars who were also addressing these problems. As well as demonstrating Onuf’s own constructivist contribution to the theoretical dimension of international law and international relations, each piece is preceded by a short introduction which highlights the wider themes and developments which have occurred in the field of international law in the last forty years.

The International Law of State Responsibility

The International Law of State Responsibility
Author: Robert Kolb
Publisher: Edward Elgar Publishing
Total Pages: 417
Release: 2017-04-28
Genre: Law
ISBN: 1786434717

This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.

International Law for Humankind

International Law for Humankind
Author: Antônio Augusto Cançado Trindade
Publisher: BRILL
Total Pages: 770
Release: 2020-03-17
Genre: Law
ISBN: 9004425217

Fully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.

International organisations, non-State actors, and the formation of customary international law

International organisations, non-State actors, and the formation of customary international law
Author: Sufyan Droubi
Publisher: Manchester University Press
Total Pages: 589
Release: 2020-12-08
Genre: Law
ISBN: 1526134179

This volume offers new practical and theoretical perspectives on one of the most complex questions regarding the formation of international law, namely that actors other than states contribute to the making of customary international law. Notwithstanding the International Law Commission’s valuable contribution, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals, as well as the most recent scholarly work on customary international law, this volume provides a comprehensive study of the contribution of international organisations and non-state actors to the formation of customary international law. With innovative tools and guidance for law students, legal scholars, and researchers in law, as well as legal practitioners, advisers, judges, arbitrators, and counsels, this collection is essential reading for those wishing to understand and address contemporary questions of international law-making.