International Law Making By The International Court Of Justice And International Law Commission
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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 | : Martti Koskenniemi |
Publisher | : Routledge |
Total Pages | : 575 |
Release | : 2017-07-05 |
Genre | : Law |
ISBN | : 1351548166 |
A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
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.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 1998 |
Genre | : |
ISBN | : |
Author | : United Nations. International Law Commission |
Publisher | : |
Total Pages | : |
Release | : 1956 |
Genre | : International law |
ISBN | : |
Author | : Vereinte Nationen International Law Commission |
Publisher | : |
Total Pages | : 428 |
Release | : 2007 |
Genre | : |
ISBN | : 9789211337631 |
Author | : Chiara Giorgetti |
Publisher | : BRILL |
Total Pages | : 644 |
Release | : 2012-02-17 |
Genre | : Law |
ISBN | : 9004194835 |
International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Author | : Hugh Thirlway |
Publisher | : Oxford University Press |
Total Pages | : 262 |
Release | : 2014-02 |
Genre | : Law |
ISBN | : 0199685398 |
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Author | : Nagendra Singh |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 426 |
Release | : 1992-07-30 |
Genre | : Law |
ISBN | : 9780792317159 |
The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.
Author | : Anthea Roberts |
Publisher | : Oxford University Press |
Total Pages | : 433 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0190696419 |
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.