The Changing Practices Of International Law
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Author | : Tanja Aalberts |
Publisher | : Cambridge University Press |
Total Pages | : 273 |
Release | : 2018-04-05 |
Genre | : Law |
ISBN | : 1108425976 |
Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.
Author | : Jens Ohlin |
Publisher | : Foundation Press |
Total Pages | : 891 |
Release | : 2018-03-07 |
Genre | : |
ISBN | : 9781634605953 |
International Law: Evolving Doctrine and Practice offers a flexible arrangement of materials for the teaching of an introductory course in international law. The inspiration for the book's editorial approach is the recognition that each professor comes to the study of international law from a variety of normative, critical, or interdisciplinary perspectives, and that the materials should be flexible enough to accommodate all comers. With this goal of pedagogical ecumenism in mind, the chapters present a variety of critical approaches to international law without letting one particular view dominate, though taken together the materials highlight the evolving nature of international legal doctrine and those areas where its legal norms remain contested or controversial. Sprinkled through each chapter are short Problem Cases--less than a page in length--that give students the opportunity to apply the doctrine to a unique fact pattern. The Problem Cases are presented in modular text boxes that can form the basis for rich classroom discussions or simply reserved for background reading at home, whichever the professor wishes. In addition to the typical array of chapters on sources and subjects of international law, human rights, International Humanitarian Law, International Criminal Law, the use of force, and humanitarian intervention, the book also includes chapters on international economic law and environmental law, including a consideration of the challenge posed by climate change.
Author | : Michael P. Scharf |
Publisher | : Cambridge University Press |
Total Pages | : 241 |
Release | : 2013-05-31 |
Genre | : Law |
ISBN | : 1107276764 |
This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
Author | : Curtis A. Bradley |
Publisher | : Cambridge University Press |
Total Pages | : 703 |
Release | : 2016-02-15 |
Genre | : Law |
ISBN | : 1316654125 |
Although customary international law has long been an important source of rights and obligations in international relations, there has been extensive debate in recent years about whether this body of law is equipped to address complex modern problems such as climate change, international terrorism, and global financial instability. In addition, there is growing uncertainty about how, precisely, international and domestic courts should identify rules of customary international law. Custom's Future seeks to address this uncertainty by providing a better understanding of how customary international law has developed over time, the way in which it is applied in practice, and the challenges that it faces going forward. Reflecting an interdisciplinary mix of historical, empirical, economic, philosophical, and doctrinal analysis, and containing chapters by leading international law experts, it will be of use to lawyers, judges, and researchers alike.
Author | : James Crawford |
Publisher | : BRILL |
Total Pages | : 537 |
Release | : 2014-04-29 |
Genre | : Law |
ISBN | : 900426809X |
Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called? In what respects is it systematic? Does it — can it — respect the rule of law? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.
Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 555 |
Release | : 2010-05-06 |
Genre | : Law |
ISBN | : 0521763274 |
This book is a thought-provoking and authoritative text on this fast moving field of international law.
Author | : Anna Spain Bradley |
Publisher | : Cambridge University Press |
Total Pages | : 171 |
Release | : 2021-07-22 |
Genre | : Law |
ISBN | : 110842256X |
An exploration of human choice in international legal and political decision making that investigates the neurobiology of choice and the history of how it has affected international peace and security.
Author | : Tanja Aalberts |
Publisher | : Cambridge University Press |
Total Pages | : 273 |
Release | : 2018-04-05 |
Genre | : Law |
ISBN | : 1108588158 |
With more than 158,000 treaties and some 125 judicial organisations, international law has become an inescapable factor in world politics since the Second World War. In recent years, however, international law has also been increasingly challenged as states are voicing concerns that it is producing unintended effects and accuse international courts of judicial activism. This book provides an important corrective to existing theories of international law by focusing on how states respond to increased legalisation and rely on legal expertise to manoeuvre within and against international law. Through a number of case studies, covering a wide range of topical issues such as surveillance, environmental regulation, migration and foreign investments, the book argues that the expansion and increased institutionalisation of international law itself have created the structural premise for this type of politics of international law. More international law paradoxically increases states' political room of manoeuvre in world society.
Author | : James Crawford |
Publisher | : Cambridge University Press |
Total Pages | : 485 |
Release | : 2012-01-26 |
Genre | : Law |
ISBN | : 0521190886 |
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
Author | : Jean d'Aspremont |
Publisher | : Cambridge University Press |
Total Pages | : 471 |
Release | : 2017-04-06 |
Genre | : Law |
ISBN | : 1108138683 |
International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.