Communauté internationale et disparités de développement

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024726271
Total Pages : 452 pages
Book Rating : 4.7/5 (262 download)

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Book Synopsis Communauté internationale et disparités de développement by :

Download or read book Communauté internationale et disparités de développement written by and published by Martinus Nijhoff Publishers. This book was released on 1982-01-26 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Human Rights and Development in International Law

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Publisher : Routledge
ISBN 13 : 1317351657
Total Pages : 337 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Human Rights and Development in International Law by : Tahmina Karimova

Download or read book Human Rights and Development in International Law written by Tahmina Karimova and published by Routledge. This book was released on 2016-04-28 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Social Theory of International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041121585
Total Pages : 352 pages
Book Rating : 4.1/5 (215 download)

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Book Synopsis A Social Theory of International Law by : Kazuko Hirose

Download or read book A Social Theory of International Law written by Kazuko Hirose and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has long been an advocacy for the sociology of international law, and yet it has never been constructed so systematically and axiomatically as in this book. Based on vital terms such as 'action' and 'system, ' this book has conducted an investigation into the 'auspices' or the fundamental international sociological conditions over which international law is built, and accordingly, into how international law can control global relations. The significance of this work lies in its aim of showing by the application of a consistent logic, how complex observed phenomena can be explained and understood on the basis of certain shared fundamental perceptions drawn from common experience. By asking how a state acts in a complex system that consists of at least two subsystems having different goals and different logics, two specific issues are discussed: (1) The relationship between domestic and international law, namely, that between Article 9 of the Constitution of Japan and the UN Charter (especially the provisions for a collective security system as mentioned in chapter VII), (2) The relationship between international law and international politics, namely, the relationship between the prohibition of the use of nuclear weapons and the logic of nuclear deterrence.

aspects juridiques du terrorisme international

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792302148
Total Pages : 132 pages
Book Rating : 4.3/5 (21 download)

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Book Synopsis aspects juridiques du terrorisme international by :

Download or read book aspects juridiques du terrorisme international written by and published by Martinus Nijhoff Publishers. This book was released on 1989-03-21 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Battle for International Law

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Publisher : Oxford University Press
ISBN 13 : 0192589474
Total Pages : 464 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Battle for International Law by : Jochen von Bernstorff

Download or read book The Battle for International Law written by Jochen von Bernstorff and published by Oxford University Press. This book was released on 2019-10-22 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.

Theory of International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782258817
Total Pages : 512 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Theory of International Law by : Robert Kolb

Download or read book Theory of International Law written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.

African Yearbook of International Law / Annuaire Africain de Droit International, Volume 10 (2002)

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004138722
Total Pages : 786 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis African Yearbook of International Law / Annuaire Africain de Droit International, Volume 10 (2002) by : Abdulqawi A. Yusuf

Download or read book African Yearbook of International Law / Annuaire Africain de Droit International, Volume 10 (2002) written by Abdulqawi A. Yusuf and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciation of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. "The African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African state institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also subject of continuous attention and examination.

The Thin Justice of International Law

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Publisher : OUP Oxford
ISBN 13 : 0191009113
Total Pages : 500 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Thin Justice of International Law by : Steven R. Ratner

Download or read book The Thin Justice of International Law written by Steven R. Ratner and published by OUP Oxford. This book was released on 2015-01-15 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

International Economic Law and National Autonomy

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Publisher : Cambridge University Press
ISBN 13 : 1139491792
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Economic Law and National Autonomy by : Susy Frankel

Download or read book International Economic Law and National Autonomy written by Susy Frankel and published by Cambridge University Press. This book was released on 2010-10-14 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: International commitments may sit uneasily with national pressures in the best of times. This age of economic uncertainty brings these tensions into sharper relief. This volume draws together thirteen analyses of this tension in a wide array of contexts, including each of the three main pillars of the World Trade Organization, international investment law and arbitration, and the international financial institutions. The essays feature internationally recognised experts addressing topical examples of international economic law obligations clashing with domestic political interests. For example, Professor Robert Howse, of New York University Law School, addresses issues of globalization and whether international and national interests can in today's world be considered separate, while Ko-Yung Tung, the former Director-General of the World Bank, looks at trends in investment treaty arbitration and considers what the future may hold in light of the recent financial crisis, the rise of China as an economic powerhouse, and other factors.

A Social Theory of International Law

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Author :
Publisher : BRILL
ISBN 13 : 9004480668
Total Pages : 339 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis A Social Theory of International Law by : Kazuko Hirose Kawaguchi

Download or read book A Social Theory of International Law written by Kazuko Hirose Kawaguchi and published by BRILL. This book was released on 2021-12-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has long been an advocacy for the sociology of international law, and yet it has never been constructed so systematically and axiomatically as in this book. Based on vital terms such as 'action' and 'system,' this book has conducted an investigation into the 'auspices' or the fundamental international sociological conditions over which international law is built, and accordingly, into how international law can control global relations. The significance of this work lies in its aim of showing by the application of a consistent logic, how complex observed phenomena can be explained and understood on the basis of certain shared fundamental perceptions drawn from common experience. By asking how a state acts in a complex system that consists of at least two subsystems having different goals and different logics, two specific issues are discussed: (1) The relationship between domestic and international law, namely, that between Article 9 of the Constitution of Japan and the UN Charter (especially the provisions for a collective security system as mentioned in chapter VII), (2) The relationship between international law and international politics, namely, the relationship between the prohibition of the use of nuclear weapons and the logic of nuclear deterrence.

International Economic Organizations and Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142037
Total Pages : 512 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Economic Organizations and Law by : Asif H. Qureshi

Download or read book International Economic Organizations and Law written by Asif H. Qureshi and published by Kluwer Law International B.V.. This book was released on 2012-04-10 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can be little doubt that a group of prominent and influential organizations lie at the heart of international economic law (IEL). These include the Bretton Woods institutions, regional development banks and economic organizations, and various specialized global institutions primarily active in norm generation. This volume possesses the unique distinction of presenting the perspectives – both institutional and personal – of legal counsels in some key international economic organizations regarding their work and the role of law within the framework of their organizations, with particular attention to the conditions within which they can optimally contribute to the development of IEL. This last consideration is emphasized in three ‘external’ academic perspectives that focus mainly on what the role of counsels in international economic organizations ought to be. Each first-hand perspective focuses on counsel’s involvement in such aspects of IEL as the following: providing internal advice on the law of the organization; assisting members with respect to domestic institutions and law in the economic sphere; to what extent (if any) legal counsels are normally involved in policy making for issues that are not strictly of a legal nature; intellectual contributions both to the development of international law and the dissemination and exchange of legal knowledge among various stakeholders; ethical challenges and response to possible conflicts of interests; generation of soft law economic instruments; legal issues on replenishment of resources for development funding; setting of internationally recognized standards or best practices for commercial and financial legislation; informal networks of lawyers and lawyer functions which cut across institutional and territorial boundaries; and negotiation and management of free trade agreements from a legal perspective.

The Human Dimension of International Law

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Publisher : Oxford University Press
ISBN 13 : 0199232911
Total Pages : 622 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Human Dimension of International Law by : Antonio Cassese

Download or read book The Human Dimension of International Law written by Antonio Cassese and published by Oxford University Press. This book was released on 2008-06-19 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. The papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.

Solidarity in International Law

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Publisher : Taylor & Francis
ISBN 13 : 1000854639
Total Pages : 363 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Solidarity in International Law by : Leonardo Pasquali

Download or read book Solidarity in International Law written by Leonardo Pasquali and published by Taylor & Francis. This book was released on 2022-12-29 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of solidarity is particularly important now because it is in juxtaposition to some current self-centered trends in politics: the crises that have upset the world in recent years, such as migrations, hegemonic aspirations, pandemics, and wars, have made self-evident the inadequacy of such selfish politics. It therefore seems very useful to understand the role that solidarity could play in contemporary scenarios. This book thus collects various contributions on the principle of solidarity in international law. Firstly, it reconstructs the foundations of solidarity in law and investigates the origins of the principle. Subsequently, it tries to ascertain if solidarity exists as a principle in international law and, if so, what its scope is. The book then examines the eventual implementation of the principle of solidarity in regional organizations law: the question is whether solidarity is more effective and if it is actually better fulfilled when relationships between states get stronger, such as in regional and sub-regional organizations. Such implementation is notable in EU Law, but the analysis also involves other regional and sub-regional organizations, namely the African Union, ECOWAS, the League of Arab States, and MERCOSUR. This book takes into account not only some distinctive areas of solidarity, such as migration law, or specific institutional contexts where solidarity is a declared principle, objective or value, for example, the European Union, but it also considers whether, and to what extent, the manifestations of solidarity differ in disparate settings, trying to discover the reasons behind such divergences. The book will be of interest to researchers and academics in the areas of International Law, International Organizations Law, European Law, Human Rights Law, Business Law, and Constitutional Law.

International Law: Politics and Values

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Publisher : BRILL
ISBN 13 : 9004633057
Total Pages : 389 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis International Law: Politics and Values by : Louis Henkin

Download or read book International Law: Politics and Values written by Louis Henkin and published by BRILL. This book was released on 2023-11-27 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume derives from a series of lectures delivered as the `general course' at the Hague Academy of International law in July 1989. Like those lectures, this volume does not pretend to provide a complete treatise covering all international law. Rather, it offers a particular perspective on the principal subjects of traditional international law, elaborates new developments, and dares reexamine assumptions and premises. The book is built on three themes. The first addresses law as politics, and international law as the law of a political system, now comprised of more than 180 separate, independent states. The essential autonomy of states accounts for the political (as well as economic and cultural) heterogeneity in a pluralist and fragmented system, and international law as its common denominator of normative expression. A second theme explores change in international law as reflecting change in the values and purposes of the international political system. It traces the pursuit through law of the traditional ideal of the state system to secure every state's right to realize its own agenda through its own institutions, and the superimposed contemporary purpose to promote individual human rights and welfare in every society. The third theme perceives a movement in the law from `conceptualism' to `functionalism', from logical deduction out of abstract principles to pragmatic attention to practical needs and solutions to new and old human problems. Each of these themes dominates in several chapters but the other themes are not absent from any of them. Each will add a fresh perspective and contribute to understanding the nature and operation of international law in the international political system at the turn of a new century.

Reciprocity in Public International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108987850
Total Pages : 295 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Reciprocity in Public International Law by : Arianna Whelan

Download or read book Reciprocity in Public International Law written by Arianna Whelan and published by Cambridge University Press. This book was released on 2023-03-02 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.

'Fair and Equitable Treatment' in International Investment Law

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Publisher : Cambridge University Press
ISBN 13 : 0521197716
Total Pages : 411 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis 'Fair and Equitable Treatment' in International Investment Law by : Roland Kläger

Download or read book 'Fair and Equitable Treatment' in International Investment Law written by Roland Kläger and published by Cambridge University Press. This book was released on 2011-06-23 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at fair and equitable treatment as a key standard of international investment law.

From Bilateralism to Community Interest

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Publisher :
ISBN 13 : 0199588813
Total Pages : 1374 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis From Bilateralism to Community Interest by : Ulrich Fastenrath

Download or read book From Bilateralism to Community Interest written by Ulrich Fastenrath and published by . This book was released on 2011 with total page 1374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests. The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole. From this vantage point, it looks at the various functions that international law fulfills in the international community, from law-making and institution-building towards adjudication and the securing of human rights. Taken together, the contributions to this book paints a detailed, but nevertheless comprehensive picture of the realization of community interest in contemporary international law. As professor and judge, Bruno Simma has contributed to all of these tasks: providing ground-breaking theoretical work, serving in the International Law Commission and in the Committee for Economic, Social, and Cultural Rights, and finally, as a judge at the International Court of Justice in The Hague. The three introductory chapters express this unity of life and work.