The Structure and Process of International Law
Author | : Ronald St John MacDonald |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 1240 |
Release | : 1983-10 |
Genre | : Law |
ISBN | : 9004636226 |
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Author | : Ronald St John MacDonald |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 1240 |
Release | : 1983-10 |
Genre | : Law |
ISBN | : 9004636226 |
Author | : Ronald St John MacDonald |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 1246 |
Release | : 1983-10-17 |
Genre | : Law |
ISBN | : 9024728827 |
Author | : Giuliana Ziccardi Capaldo |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 456 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9780754673453 |
This 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 | : Lung-chu Chen |
Publisher | : Oxford University Press |
Total Pages | : 641 |
Release | : 2015-01-29 |
Genre | : Law |
ISBN | : 0190297565 |
An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.
Author | : Wybo P. Heere |
Publisher | : Brill Archive |
Total Pages | : 228 |
Release | : 1989 |
Genre | : Law |
ISBN | : 9789065443922 |
Author | : Valentin Jeutner |
Publisher | : Oxford University Press |
Total Pages | : 224 |
Release | : 2017-08-04 |
Genre | : Law |
ISBN | : 0192536052 |
Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Author | : Mahnoush H. Arsanjani |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 1119 |
Release | : 2010-10-25 |
Genre | : Political Science |
ISBN | : 9004173617 |
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
Author | : Malcolm Evans |
Publisher | : Oxford University Press (UK) |
Total Pages | : 931 |
Release | : 2010-06-24 |
Genre | : Language Arts & Disciplines |
ISBN | : 019956566X |
Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.
Author | : Hitoshi Nasu |
Publisher | : BRILL |
Total Pages | : 373 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004172262 |
It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Councila (TM)s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation
Author | : Mathieu Isenbaert |
Publisher | : IBFD |
Total Pages | : 925 |
Release | : 2010 |
Genre | : Direct taxation |
ISBN | : 9087220677 |
In order to develop a suitable framework for the analysis of the European Court of Justice (ECJ) case law, it is first analysed what significance, if any, the concept of 'sovereignty' has in the contemporary supranational environment of the European Union. All too often, tax scholars equate 'sovereignty' with the concepts of 'competence' or 'jurisdiction'. It will be established in this thesis that a much more specific and higher-level meaning is to be attributed to the 'sovereignty' concept, which goes beyond the strictly legal concepts of 'competence' or 'jurisdiction'. The cornerstone of this thesis, however, is an extensive analysis of the case law of the ECJ in direct tax matters, including a comparison with its non-tax case law. A new kind of methodology is used in discussing the cases: they are categorized according to whether a discrimination - or a restriction - based analysis was applied by the ECJ.