Allocation Of Law Enforcement Authority In The International System
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| 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. InhaltsverzeichnisInhalt: P. C. Szasz, Centralized and Decentralized Law Enforcement: The Security Council and the General Assembly Acting under Chapters VII and VIII - F. L. Morrison, The Role of Regional Organizations in the Enforcement of International Law - K. Dicke, Comment - T. Stein, Decentralized International Law Enforcement: The Changing Role of the State as Law Enforcement Agent - M. E. O'Connell, Comment - J. Delbrück, The Impact of the Allocation of International Law Enforcement Authority on the International Legal Order
| Author | : Jost Delbrück |
| Publisher | : |
| Total Pages | : |
| Release | : 1995 |
| Genre | : |
| ISBN | : 9783428083350 |
| Author | : Ademola Abass |
| Publisher | : Hart Publishing |
| Total Pages | : 269 |
| Release | : 2004-12 |
| Genre | : Law |
| ISBN | : 1841134805 |
This book examines the development of collective security by regional organisations particularly after the Cold War. It analyses the various constitutional developments that have occurred within regional arrangements such as ECOWAS, African Union, SADC, OAS, and NATO and critically analyses how these developments have propelled regional organisations to depart from the normative framework of regional arrangement contained in Chapter VIII of the UN Charter. Through a comprehensive examination of practice, the book evaluates the impact of regional organisations' newly asserted powers to authorise enforcement action and determine when situations within member states warrant their intervention. It inquires into the legal justifications for these developments both from within the UN Charter and regional treaties and practice and asks whether consensual intervention, that is the use of force by regional organisations on the basis of their members' consent, contravenes or constitutes an exception to the prohibition of the use or threat of force under Article 2(4) of the Charter. The book also analyses the regime of complementarity between the UN and regional organisations.
| Author | : Giuliana Ziccardi Capaldo |
| Publisher | : Routledge |
| Total Pages | : 452 |
| Release | : 2016-02-24 |
| Genre | : Law |
| ISBN | : 1317021347 |
This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.
| Author | : Elena Katselli Proukaki |
| Publisher | : Routledge |
| Total Pages | : 366 |
| Release | : 2009-12-16 |
| Genre | : Law |
| ISBN | : 1135232830 |
This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved 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. 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 to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.
| Author | : Jens Drolshammer |
| Publisher | : BRILL |
| Total Pages | : 550 |
| Release | : 2021-08-04 |
| Genre | : Law |
| ISBN | : 9004481966 |
| Author | : Paul Szasz |
| Publisher | : BRILL |
| Total Pages | : 447 |
| Release | : 2021-11-08 |
| Genre | : Law |
| ISBN | : 900447840X |
In the realm of the law of international organizations and treaty law, few commentators have made a more significant contribution than Paul C. Szasz. In his years of distinguished service at the U.N., and in his subsequent career as a prominent consultant to international institutions, he has mastered a highly specialized body of knowledge that allows him to study the inner and outer workings of the international legislative, administrative, and judicial processes with unique and compelling authority. His incisive essays, always deeply informed with first-hand experience, have gone directly to the heart of the most vital international legal issues of our time. This volume gathers twenty-one essays that will be of inestimable value to the entire community of public international lawyers. With penetrating insight Szasz exposes the institutional underpinnings affecting such international law matters as: law-making in international organizations, the obligation to arbitrate, monitoring treaty compliance, UN system "complexification," sanctions, the advisory competence of the World Court, the legal liability of diplomats, peacekeeping intervention, and the role of NGOs. Specific facts and events-such as the U.S. action in the 1988 PLO mission controversy, developments in the safeguards regime of the International Atomic Energy Agency, the Kosovo Conflict, the Dayton Accords, and the Namibian peace process-provide a firm topical basis for the author's analysis of policy, practice, and theory in this little-understood but crucially important area of international governance. Published under the Transnational Publishers imprint.
| Author | : Alfred P. Rubin |
| Publisher | : Cambridge University Press |
| Total Pages | : 260 |
| Release | : 1997-07-13 |
| Genre | : Law |
| ISBN | : 9780521582025 |
The specialized vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'.
| Author | : Jochen Abraham Frowein |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 670 |
| Release | : 1997-09-01 |
| Genre | : Law |
| ISBN | : 9789041107008 |
| Author | : Gary Wilson |
| Publisher | : Routledge |
| Total Pages | : 264 |
| Release | : 2014-02-03 |
| Genre | : Law |
| ISBN | : 1136028161 |
The role of the United Nations in collective security has been evolving since its inception in 1945. This book explores collective security as practiced within the legal framework provided by the United Nations Charter, with a particular focus upon activity undertaken under the auspices of the UN Security Council, the body conferred by the Charter with the primary responsibility for the maintenance of international peace and security. Although the book is primarily grounded in international law, where appropriate it also draws upon relevant political insights in order to present a clear picture of the UN collective security system in operation and the factors which impact upon the way in which it functions. Offering a comprehensive analysis it considers the full range of measures which can be utilised by the UN in the performance of its collective security remit including military enforcement action, peacekeeping, non-military sanctions and diplomacy. The book considers each of these measures in detail, assessing the legal framework applicable to the form of action, the main legal controversies which arise in respect of their appropriate utilisation, and the UN’s use of this collective security ‘tool’ in practice. The book draws conclusions about the main strengths and shortcomings of the various means through which the UN can attempt to prevent, minimise or end conflict.
