The Shifting Allocation of Authority in International Law

The Shifting Allocation of Authority in International Law
Author: Tomer Broude
Publisher: Bloomsbury Publishing
Total Pages: 446
Release: 2008-06-13
Genre: Law
ISBN: 1847314368

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity. This volume will be of great interest to scholars and practitioners of international law alike.

The Shifting Allocation of Authority in International Law

The Shifting Allocation of Authority in International Law
Author: Tomer Broude
Publisher:
Total Pages: 437
Release: 2008
Genre: International and municipal law
ISBN: 9781472564382

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, ""who should decide what"" in a system that formally lacks a central authority? This is not only a juridical questi.

Sovereignty, Supremacy, Subsidiarity

Sovereignty, Supremacy, Subsidiarity
Author: Sovereignty, supremacy, subsidiarity - the shifting allocation of authority in international law Conference
Publisher:
Total Pages:
Release: 2006
Genre:
ISBN:

Collection of articles presented at a conference which took place at the Faculty of Law at the Hebrew University of Jerusalem, June 18-20, 2006.

Allocation of law enforcement authority in the international system

Allocation of law enforcement authority in the international system
Author: Jost Delbrück
Publisher: Duncker & Humblot
Total Pages: 204
Release: 2021
Genre: Law
ISBN: 9783428483358

The 1994 symposium of the Kiel Institute of International Law, the papers and proceedings of which are hereby made available to the public, takes up not only the general theme of the 1989 conference, i.e. »Strengthening the World Order: Universalism v. Regionalism. Risks and Opportunities of Regionalization«, but also continues the discussions pursued during the 1992 symposium entitled "The Future of International Law Enforcement. New Scenarios - New Law?" The 1994 symposium also continues the now established tradition of bringing together international legal scholars from the United States, on the one hand, and Germany and other European countries, on the other hand. The Institute is strongly convinced that the transatlantic dialogue on the burning issue of strengthening the international legal order as part of an emerging »New World Order« is essential. It was all the more regrettable that for purely accidental reasons the participation, on the European side, by colleagues invited from Poland and other Central and East European countries could not materialize. The focal point of the 1994 symposium was the question as to whether and to what extent the United Nations as a law enforcement agency can be supplemented by regional arrangements/organizations and the state as a law enforcement agent in the international public interest.

Governmental Illegitimacy in International Law

Governmental Illegitimacy in International Law
Author: Brad R. Roth
Publisher:
Total Pages: 476
Release: 1999
Genre: Law
ISBN: 9780199243013

When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.

Shifting Global Powers and International Law

Shifting Global Powers and International Law
Author: Rowena Maguire
Publisher: Routledge
Total Pages: 268
Release: 2013-06-26
Genre: Political Science
ISBN: 1135017506

This book explores the impacts of global economic, political and cultural shifts on various international legal frameworks and legal norms. The economic growth of states throughout Asia, South and Central America and Africa is having a profound effect on the dynamics of international relations, with a resulting impact on the operation and development of international law. This book examines the influence of emerging economies on international legal rules, institutions and processes. It describes recent and predicted changes in economic, political and cultural powers, flowing from the growth of emerging economies such as China, India, Brazil, South Africa and Russia, and analyses the influence of these changes on various legal frameworks and norms. Expert contributors drawn from a variety of fields, including international law, politics, environmental law, human rights, economics and finance, provide a broad analysis of the nature of the shifting global dynamic in its historical and contemporary contexts, and a range of perspectives on the impact of these changes as they relate to specific regimes and issues, including climate change regulation, collective security, indigenous rights, the rights of women and girls, environmental protection and foreign aid and development. The book provides a fresh and comprehensive analysis of an issue with extensive implications for international law and politics. Shifting Global Powers and International Law will be of interest to students and scholars of international relations; international law; international political economy, human rights; and development.

Global Perspectives on Subsidiarity

Global Perspectives on Subsidiarity
Author: Michelle Evans
Publisher: Springer
Total Pages: 229
Release: 2014-05-16
Genre: Law
ISBN: 9401788103

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

International Law and New Wars

International Law and New Wars
Author: Christine Chinkin
Publisher: Cambridge University Press
Total Pages: 611
Release: 2017-04-27
Genre: History
ISBN: 1107171210

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.