Search Results for "international-law"

Human Rights and Development in International Law

Human Rights and Development in International Law

  • Author: Tahmina Karimova
  • Publisher: Routledge
  • ISBN: 1317351649
  • Category: Law
  • Page: 357
  • View: 8070
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This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.

Is International Law International?

Is International Law International?

  • Author: Anthea Roberts
  • Publisher: Oxford University Press
  • ISBN: 0190696435
  • Category: Law
  • Page: 304
  • View: 1954
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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Queering International Law

Queering International Law

Possibilities, Alliances, Complicities, Risks

  • Author: Dianne Otto
  • Publisher: Routledge
  • ISBN: 1351971131
  • Category: Law
  • Page: 290
  • View: 8205
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This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.

Russian Discourses on International Law

Russian Discourses on International Law

Sociological and Philosophical Phenomenon

  • Author: P. Sean Morris
  • Publisher: Routledge
  • ISBN: 0429679459
  • Category: Law
  • Page: 279
  • View: 5600
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A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia’s interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia’s behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.

Regionalism in International Law

Regionalism in International Law

  • Author: Ján Klu?ka
  • Publisher: Routledge
  • ISBN: 1351661493
  • Category: Law
  • Page: 165
  • View: 2290
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International Law: Aspects of Regionalism evaluates regionalism in its various relationships and forms with respect to international law, as well as the importance and duties of international law in respect to the establishment and functioning of various forms of regional groups. A great deal of attention has been paid to regionalism from the global, political, ecocomic, security aspects, but a complex evaluation of the impact it has had on international law, and vice versa, is still lacking. The main purpose of this volume is to eliminate this gap and present the latest state of knowledge on the topic. This text will be of interest both to students at an advanced level, academics, and reflective practitioners. It addresses the topics with regard to international law and regionalism and will be of interest to academics dealing with legal aspects of current regionalism and for the specialized courses in the faculties of law, as well as anyone studying diplomacy and international studies, international relations, regional integration law, EU law, international law, and international relations.

  • Author: N.A
  • Publisher: N.A
  • ISBN: 0190912189
  • Category:
  • Page: N.A
  • View: 2320
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International Law as a Profession

International Law as a Profession

  • Author: Jean d'Aspremont,Tarcisio Gazzini,André Nollkaemper,Wouter Werner
  • Publisher: Cambridge University Press
  • ISBN: 1108138683
  • Category: Law
  • Page: N.A
  • View: 6094
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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.

International Law and Post-Conflict Reconstruction Policy

International Law and Post-Conflict Reconstruction Policy

  • Author: Matthew Saul,James A. Sweeney
  • Publisher: Routledge
  • ISBN: 1317669908
  • Category: Law
  • Page: 322
  • View: 1997
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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.

Reciprocity in International Law

Reciprocity in International Law

Its impact and function

  • Author: Shahrad Nasrolahi Fard
  • Publisher: Routledge
  • ISBN: 131731218X
  • Category: Law
  • Page: 194
  • View: 1196
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In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.

International Law

International Law

Selected Documents 2009-2010

  • Author: Barry E. Carter
  • Publisher: Aspen Law & Business
  • ISBN: 9780735579316
  • Category: Law
  • Page: 1060
  • View: 2742
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An up-to-date collection of important source materials, International Law: Selected Documents works as well with the author's own casebook, International Law, Fifth Edition, (with co-authors Phillip R. Trimble and Allen S. Weiner), as with any other primary text for this course. In one convenient place, the 2009-2010 Edition features: President Obama's 2009 Executive Orders on Interrogation and Guantanamo Significant documents that pertain to the conflicts in Afghanistan and Iraq The latest U.N. documents regarding Sudan, Iran, and North Korea Relevant U.S. laws, including the 2008 amendments to the Foreign Sovereign Immunities Act Major treaties and conventions, including highlights of the European Union's Lisbon Treaty The latest lists of parties to agreements Important U.N. resolutions Informative Web sites

Fundamental Perspectives on International Law

Fundamental Perspectives on International Law

  • Author: William Slomanson
  • Publisher: Cengage Learning
  • ISBN: 0495797197
  • Category: Political Science
  • Page: 792
  • View: 8599
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In a fairly succinct treatment, FUNDAMENTAL PERSPECTIVES ON INTERNATIONAL LAW provides a unique mix of cases, articles, documents, text, charts, tables, and questions. The key concepts of international law are introduced through thoroughly up-to-date content. Important cases are continually updated on the author’s website. The text is complemented by numerous review problems. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

International Law and Civil Wars

International Law and Civil Wars

Intervention and Consent

  • Author: Eliav Lieblich
  • Publisher: Routledge
  • ISBN: 0415507901
  • Category: History
  • Page: 286
  • View: 5670
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This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.

Customary International Law

Customary International Law

A New Theory with Practical Applications

  • Author: Brian D. Lepard
  • Publisher: Cambridge University Press
  • ISBN: 052119136X
  • Category: Law
  • Page: 419
  • View: 3240
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This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.

Climate Change Finance and International Law

Climate Change Finance and International Law

  • Author: Alexander Zahar
  • Publisher: Routledge
  • ISBN: 1134617569
  • Category: Business & Economics
  • Page: 182
  • View: 3457
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Since 2010, a significant quantity of international climate change finance has begun to reach developing countries. However, the transfer of finance under the international climate change regime – the legal and ethical obligations that underpin it, the constraints on its use, its intended outcomes, and its successes, failures, and future potential – constitutes a poorly understood topic. Climate Change Finance and International Law fills this gap in the legal scholarship. The book analyses the legal obligations of developed countries to financially support qualifying developing countries to pursue globally significant mitigation and adaptation outcomes, as well as the obligations of the latter under the international regime of financial support. Through case studies of climate finance mechanisms and a multitude of other sources, this book delivers a rich legal and empirical understanding of the implementation of states’ climate finance obligations to date. The book will be of interest to scholars and students of international law and policy, international relations, and the maturing field of climate change law.

Events: The Force of International Law

Events: The Force of International Law

  • Author: Fleur Johns,Richard Joyce,Sundhya Pahuja
  • Publisher: Routledge
  • ISBN: 1136920293
  • Category: Law
  • Page: 312
  • View: 5844
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Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.

The Globalization of International Law

The Globalization of International Law

  • Author: PaulSchiff Berman
  • Publisher: Routledge
  • ISBN: 1351543962
  • Category: Law
  • Page: 698
  • View: 2324
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'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

War Law

War Law

Understanding International Law and Armed Conflict

  • Author: Michael Byers
  • Publisher: Open Road + Grove/Atlantic
  • ISBN: 9781555848460
  • Category: Law
  • Page: 224
  • View: 3107
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“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law” (Chris Patten, Chancellor of Oxford University). International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

International Law

International Law

  • Author: Antonio Cassese
  • Publisher: Oxford University Press
  • ISBN: 0199259399
  • Category: Law
  • Page: 558
  • View: 1647
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Previous edition, 1st, published in 2001.

Textbook on International Law

Textbook on International Law

  • Author: Martin Dixon
  • Publisher: Oxford University Press
  • ISBN: 0199574456
  • Category: Language Arts & Disciplines
  • Page: 393
  • View: 1848
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Offers a concise and focused introduction to international law, with coverage of all the core topics, from the nature and sources of international law to the use of force and human rights.

Confronting Cyberespionage Under International Law

Confronting Cyberespionage Under International Law

  • Author: O?uz Kaan Pehlivan
  • Publisher: Routledge
  • ISBN: 135110599X
  • Category: Law
  • Page: 130
  • View: 4463
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We have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents.?Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage. Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.