Making Better International Law

Making Better International Law
Author:
Publisher:
Total Pages: 472
Release: 1998
Genre: Law
ISBN:

This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.

The Making of International Law

The Making of International Law
Author: Alan Boyle
Publisher: OUP Oxford
Total Pages: 368
Release: 2007-02-22
Genre: Law
ISBN: 0191021768

This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

The Law of International Responsibility

The Law of International Responsibility
Author: James Crawford
Publisher: Oxford University Press
Total Pages: 1364
Release: 2010-05-20
Genre: Law
ISBN: 0199296979

The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Peremptory Norms of General International Law (Jus Cogens)

Peremptory Norms of General International Law (Jus Cogens)
Author: Dire Tladi
Publisher: BRILL
Total Pages: 806
Release: 2021-08-16
Genre: Law
ISBN: 9004464123

Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

Countermeasures, the Non-Injured State and the Idea of International Community

Countermeasures, the Non-Injured State and the Idea of International Community
Author: Elena Katselli Proukaki
Publisher: Routledge
Total Pages: 354
Release: 2009-12-16
Genre: Law
ISBN: 1135232849

This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. The volume addresses both the theory and practice of third-State countermeasures within international law and critically assesses the work the International Law Commission has done in this area. The author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. In taking a thorough view of the issues involved, The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called on to play in a contemporary context.

The Persistent Objector Rule in International Law

The Persistent Objector Rule in International Law
Author: James A. Green
Publisher: Oxford University Press
Total Pages: 353
Release: 2016
Genre: Law
ISBN: 0198704216

Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.

The Rome Statute as Evidence of Customary International Law

The Rome Statute as Evidence of Customary International Law
Author: Yudan Tan
Publisher: BRILL
Total Pages: 487
Release: 2021-08-09
Genre: Law
ISBN: 9004439412

In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.