Search Results for "reexamining-customary-international-law-asil-studies-in-international-legal-theory"

Reexamining Customary International Law

Reexamining Customary International Law

  • Author: Brian D. Lepard
  • Publisher: Cambridge University Press
  • ISBN: 1108107931
  • Category: Law
  • Page: N.A
  • View: 9220
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Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.

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: 4412
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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.

Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change

Recognizing Grotian Moments

  • Author: Michael P. Scharf
  • Publisher: Cambridge University Press
  • ISBN: 1107276764
  • Category: Law
  • Page: N.A
  • View: 3273
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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.

The United States and Human Rights

The United States and Human Rights

Looking Inward and Outward

  • Author: David P. Forsythe
  • Publisher: U of Nebraska Press
  • ISBN: 9780803220089
  • Category: Law
  • Page: 404
  • View: 2709
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CONTENTS.

Human Rights and Diversity

Human Rights and Diversity

Area Studies Revisited

  • Author: David P. Forsythe,Patrice C. McMahon
  • Publisher: U of Nebraska Press
  • ISBN: 9780803220201
  • Category: Political Science
  • Page: 330
  • View: 1079
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The development and study of human rights have increased significantly over time and have seen an intensified interest at the dawn of the twenty-first century. Much can be learned about the status of universal human rights by approaching the subject from regional perspectives. These diverse vantage points shed new light on the importance and complexity of the issues. ø David P. Forsythe and Patrice C. McMahon have brought together a collection of essays from top scholars in their fields. Each essay examines how a region, as defined by geography or culture, affects the standards and practice of human rights in a particular area. The issues discussed include human rights and child labor in South Asia, women?s rights in Muslim states, the prospects and challenges of human rights in the Middle East, the role of women and tradition in Africa, and accommodating diversity in Europe. The collection also includes essays commenting on the parameters and intersections of international human rights in relation to area studies.

The International Legal Process

The International Legal Process

Materials for an Introductory Course

  • Author: Abram Chayes,Thomas Ehrlich,Andreas F. Lowenfeld
  • Publisher: N.A
  • ISBN: N.A
  • Category: International law
  • Page: N.A
  • View: 4788
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International Law

International Law

  • Author: Jan Klabbers
  • Publisher: Cambridge University Press
  • ISBN: 1107141559
  • Category: Law
  • Page: 398
  • View: 873
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The second edition of this landmark textbook in the teaching of international law, from one of the world's leading international lawyers.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

  • Author: N.A
  • Publisher: Cambridge University Press
  • ISBN: 1316828646
  • Category: Law
  • Page: N.A
  • View: 7123
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Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Non-Governmental Organisations in International Law

Non-Governmental Organisations in International Law

  • Author: Anna-Karin Lindblom
  • Publisher: Cambridge University Press
  • ISBN: 9780521850889
  • Category: Law
  • Page: 559
  • View: 6398
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Even when governments have no democratic basis, they are regarded as the sole representatives of their populations on the international plane and take important decisions on their behalf. It is therefore important that other voices can be heard in international fora alongside governments. NGOs have an increasingly important legal and political role and use several different avenues for their work, such as lodging cases before international courts and other bodies and participating in international meetings and conferences. This book explores these possibilities for the participation of NGOs in international law.

International Criminal Law and Philosophy

International Criminal Law and Philosophy

  • Author: Larry May,Zachary Hoskins
  • Publisher: Cambridge University Press
  • ISBN: 0521191513
  • Category: Law
  • Page: 258
  • View: 2732
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International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

Reflections on the Contemporary Law of the Sea

Reflections on the Contemporary Law of the Sea

  • Author: Helmut Tuerk
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004212574
  • Category: Law
  • Page: 211
  • View: 5327
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Reflections on the Contemporary Law of the Sea describes the development and the present state of the law of the sea, particularly in light of the 1982 United Nations Convention on the Law of the Sea, also drawing attention to some of the problems facing the international community.

Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq

Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq

  • Author: Omer Faruk Direk
  • Publisher: BRILL
  • ISBN: 9004302980
  • Category: Law
  • Page: 270
  • View: 2279
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Security Detention in International Territorial Administrations examines several intricate and overlapping legal questions stemming from security detention practices in a post-conflict environment.

The Theory of Self-Determination

The Theory of Self-Determination

  • Author: Fernando R. Tesón
  • Publisher: Cambridge University Press
  • ISBN: 1107119138
  • Category: Law
  • Page: 258
  • View: 9781
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In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.

Parochialism, Cosmopolitanism, and the Foundations of International Law

Parochialism, Cosmopolitanism, and the Foundations of International Law

  • Author: M. N. S. Sellers
  • Publisher: Cambridge University Press
  • ISBN: 0521518024
  • Category: Law
  • Page: 288
  • View: 8108
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This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

Defining Rape: Emerging Obligations for States Under International Law?

Defining Rape: Emerging Obligations for States Under International Law?

  • Author: Maria Eriksson
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004202633
  • Category: Law
  • Page: 613
  • View: 6060
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The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor.

Rethinking Humanitarian Intervention

Rethinking Humanitarian Intervention

A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions

  • Author: Brian D. Lepard
  • Publisher: Penn State Press
  • ISBN: 9780271046952
  • Category: Social Science
  • Page: N.A
  • View: 7512
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Origins of the Right of Self-Defence in International Law

Origins of the Right of Self-Defence in International Law

From the Caroline Incident to the United Nations Charter

  • Author: Tadashi Mori
  • Publisher: BRILL
  • ISBN: 9004355006
  • Category: Law
  • Page: 288
  • View: 9939
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This book defines the right of self-defence as understood in and before 1945 and offers a possible better alternative for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter.

Socio-Legal Approaches to International Economic Law

Socio-Legal Approaches to International Economic Law

Text, Context, Subtext

  • Author: Amanda Perry-Kessaris
  • Publisher: Routledge
  • ISBN: 1135121907
  • Category: Law
  • Page: 328
  • View: 4470
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This collection explores the analytical, empirical and normative components that distinguish socio-legal approaches to international economic law both from each other, and from other approaches. It pays particular attention to the substantive focus (what) of socio-legal approaches, noting that they go beyond the text to consider context and, often, subtext. In the process of identifying the ‘what’ and the ‘how’ (analytical and empirical tools) of their own socio-legal approaches, contributors to this collection reveal why they or anyone else ought to bother--the many reasons ‘why’ it is important, for theory and for practice, to take a social legal approach to international economic law.

Jus Post Bellum and Transitional Justice

Jus Post Bellum and Transitional Justice

  • Author: Larry May,Elizabeth Edenberg
  • Publisher: Cambridge University Press
  • ISBN: 1107512891
  • Category: Law
  • Page: N.A
  • View: 8481
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This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.

Reconceptualizing International Investment Law from the Global South

Reconceptualizing International Investment Law from the Global South

  • Author: Fabio Morosini,Michelle Ratton Sanchez Badin
  • Publisher: Cambridge University Press
  • ISBN: 1107190037
  • Category: Business & Economics
  • Page: 326
  • View: 2449
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This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.