International Law And The Quest For Its Implementation
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Author | : Marcelo Kohen |
Publisher | : BRILL |
Total Pages | : 531 |
Release | : 2010-03-22 |
Genre | : Law |
ISBN | : 9047430581 |
This Liber Amicorum appears on the occasion of Professor Vera Gowlland-Debbas' retirement from the Graduate Institute. It includes contributions by her colleagues and friends from distinguished universities and international institutions. It covers different fields in which she has excelled. This collective work is divided into three main sections. The first section examines matters concerning the law of the United Nations. The second section is devoted to human rights and international humanitarian law. The third section addresses issues related to law-making, compliance with international law and the peaceful settlement of disputes. The result is a collection of stimulating analysis of most of the topical problems of international law. The contributions are in both English and French.
Author | : Laurence Boisson De Chazournes |
Publisher | : BRILL |
Total Pages | : 532 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9004177140 |
This Liber Amicorum in honour of Professor Vera Gowlland-Debbas covers most of the topical problems of contemporary international law, in particular those related to the United Nations, human rights and humanitarian law, law-making, compliance and peaceful settlement of disputes.
Author | : Jan Klabbers |
Publisher | : OUP Oxford |
Total Pages | : 414 |
Release | : 2011-04-07 |
Genre | : Law |
ISBN | : 0191615919 |
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Author | : United Nations. International Law Commission |
Publisher | : |
Total Pages | : 306 |
Release | : 2007 |
Genre | : Conflict of laws |
ISBN | : 9789521023378 |
Author | : Andrea Bianchi |
Publisher | : Cambridge University Press |
Total Pages | : 641 |
Release | : 2013-11-07 |
Genre | : Law |
ISBN | : 1107470242 |
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Author | : Susan A. Bandes |
Publisher | : Edward Elgar Publishing |
Total Pages | : 640 |
Release | : 2021-04-30 |
Genre | : Law |
ISBN | : 1788119088 |
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Author | : Matthew Saul |
Publisher | : Routledge |
Total Pages | : 355 |
Release | : 2015-05-15 |
Genre | : Law |
ISBN | : 1317669916 |
The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.
Author | : John R. Rowan |
Publisher | : |
Total Pages | : 260 |
Release | : 2008 |
Genre | : Law |
ISBN | : |
Selected from the papers presented at the twenty-third International Social Philosophy Conference held in July of 2006 at University of Victoria in Victoria, British Columbia --Preface.
Author | : Irini Papanicolopulu |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2018-03-09 |
Genre | : Law |
ISBN | : 0192506455 |
Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.
Author | : Vladyslav Lanovoy |
Publisher | : Bloomsbury Publishing |
Total Pages | : 435 |
Release | : 2016-09-22 |
Genre | : Law |
ISBN | : 1782259376 |
This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!