Controversial Subjects Of Contemporary International Law

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Contemporary Developments in International Law

Author : Rüdiger Wolfrum
Publisher : BRILL
ISBN 13 : 9004245626
Total Pages : 950 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Contemporary Developments in International Law by : Rüdiger Wolfrum

Download or read book Contemporary Developments in International Law written by Rüdiger Wolfrum and published by BRILL. This book was released on 2015-12-22 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the Liber Amicorum, dedicated to Professor Budislav Vukas, his colleagues and former students have contributed essays on topical issues of contemporary international law, primarily in the fields that were the focus of Professor Vukas’s interest during his long-lasting academic and international career at the University of Zagreb, Faculty of Law, the International Tribunal for the Law of the Sea, the International Labour Organization, the Institut de Droit International and many other law schools and international institutions and organizations. The essays in this collection, thus, deal with current developments concerning the subjects of international law (i.a. jurisdictional immunities of states, responsibility of states, international organizations, other non-state entities), the law of the sea (i.a. jurisdictional zones, delimitation, piracy, underwater cultural heritage protection, fisheries, land-locked states), human rights law, including minorities’ protection (i.a. European Court of Human Rights, humanitarian assistance, protection in the event of disasters, social and labour rights, rights of the child), and dispute settlement (i.a. International Court of Justice, International Tribunal for the Law of the Sea, arbitration, diplomatic means). Of the 49 essays written by scholars and practitioners from different parts of the world six are in French.

Controversial Subjects of Contemporary International Law

Author : Chris N. Okeke
Publisher :
ISBN 13 :
Total Pages : 282 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Controversial Subjects of Contemporary International Law by : Chris N. Okeke

Download or read book Controversial Subjects of Contemporary International Law written by Chris N. Okeke and published by . This book was released on 1973 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contemporary Issues on Public International and Comparative Law

Author : C. C. Nweze
Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Contemporary Issues on Public International and Comparative Law by : C. C. Nweze

Download or read book Contemporary Issues on Public International and Comparative Law written by C. C. Nweze and published by . This book was released on 2009 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the broad range of legal, personal, social, political and historical foundations of international law. The book is a collective effort of qualified authors- law school deans and professors, national and international court judges, young and old international law scholars and government lawyers from varying legal cultures across the oceans of the world, representing diverse legal philosophical and corresponding practices bringing their stories to life, telling tales helpful for those well-acquainted with the issues. Although one book of Liber Amicorum cannot address all the important issues in the vast arena of international law, these essays provide a rich and lucid understanding of issues of modern public international and comparative law. The beauty of the book lies in the fact that the issues discussed in the compendium by the diverse authors though familiar to comparatists, are given perspectives different from the usual Euro-American centrist standpoint that dominated the current writings in international law. The collected essays will be found most useful as an informative tool in the discovery of progressive development of international law as well as in the study of comparative legal systems. *** The legal essays contained in this treatise on various important issues of public international and comparative law are interesting, well researched, and written from multi-disciplinary perspectives by very well-qualified legal scholars from different backgrounds and cultures of the world. All the authors are exceptionally knowledgeable and experts in their chosen fields. It is strongly urged that people should read these essays in order to fully appreciate the contributions of international legal scholars to world peace, international development, understanding and progress. Nothing can be more befitting in honoring Professor Dr. Christian Nwachukwu Okeke for his enormous contributions to the positive development of the legal academy nationally and internationally. Professor Dr. Emmanuel Omoh Esiemokhai Ph.D., Academic Chancellor, Bosas International Law Bureau, Abuja, Nigeria Chima Nweze's Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Christian Nwachukwu Okeke, is a magisterial work of enormous scope and depth that brings together a diverse group of internationally distinguished authors from academia, government and private practice. The Liber Amicorum is impressive both in range of subject matter and quality of analysis and merits the attention of scholars and global policy makers. Ndiva Kofele Kale, Ph.D., J.D., Professor of Law, Southern Methodist University, Dedman School of Law, Dallas, Texas Professor C.N. Okeke is a very fine scholar in international law. He has taught the subject in Universities in Africa, Europe and the United States. In all these continents, he has made tremendous impact on students of the subject. I regard the essays as a useful epilogue to his successful career as a teacher and researcher of international law. I heartily recommend the essays to all that are interested in the study of international law. I have no doubt in my mind that the essays will provide a useful addition to the growing literature in international law. I commend the contributors for a worthy compendium.

Is International Law International?

Author : Anthea Roberts
Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Is International Law International? by : Anthea Roberts

Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.

An Introduction to Contemporary International Law

Author : Lung-chu Chen
Publisher : Oxford University Press
ISBN 13 : 0190297565
Total Pages : 641 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis An Introduction to Contemporary International Law by : Lung-chu Chen

Download or read book An Introduction to Contemporary International Law written by Lung-chu Chen and published by Oxford University Press. This book was released on 2015-01-29 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Making of International Law

Author : Alan E. Boyle
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Making of International Law by : Alan E. Boyle

Download or read book The Making of International Law written by Alan E. Boyle and published by Oxford University Press, USA. This book was released on 2007 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Introduction 2. Participants in International Law-making 3. Multilateral Law-making Processes 4. Codification and Progressive Development of International law 5. Law-making Instruments 6. The Role of Courts.

International Law

Author : Jens Ohlin
Publisher : Foundation Press
ISBN 13 : 9781634605953
Total Pages : 891 pages
Book Rating : 4.6/5 (59 download)

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Book Synopsis International Law by : Jens Ohlin

Download or read book International Law written by Jens Ohlin and published by Foundation Press. This book was released on 2018-03-07 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Participants in the International Legal System

Author : Jean d'Aspremont
Publisher : Routledge
ISBN 13 : 1136724923
Total Pages : 748 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Participants in the International Legal System by : Jean d'Aspremont

Download or read book Participants in the International Legal System written by Jean d'Aspremont and published by Routledge. This book was released on 2011-04-20 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.

Collective Responses to Illegal Acts in International Law

Author : Vera Gowlland-Debbas
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792308119
Total Pages : 774 pages
Book Rating : 4.3/5 (81 download)

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Book Synopsis Collective Responses to Illegal Acts in International Law by : Vera Gowlland-Debbas

Download or read book Collective Responses to Illegal Acts in International Law written by Vera Gowlland-Debbas and published by Martinus Nijhoff Publishers. This book was released on 1990-09-21 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001)

Author : Ben Chiagra
Publisher : Taylor & Francis
ISBN 13 : 1351766775
Total Pages : 386 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) by : Ben Chiagra

Download or read book Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) written by Ben Chiagra and published by Taylor & Francis. This book was released on 2017-07-05 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Treaties and Declarations -- List of Cases and Incidents -- List of Abbreviations -- Introduction -- 1 Juridification of Custom -- Introduction -- Etymology of Custom -- Custom as a Law-creating Mechanism -- Unpacking Custom's Content -- On the Material Elements of Custom -- Publicists on Custom -- The ILA Committee on Formation of General International Law -- Customary International Law and Obligation -- Conclusion -- 2 International Organisation and Custom: From 1920 to Contemporary Perspectives -- Introduction -- Sovereignty's Temporal Fortunes -- Attribution to the United Nations of Sovereign-like Competencies -- International Human Rights and Custom -- Conclusion -- 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence -- Introduction -- Legitimacy -- Conclusion -- 4 Deconstructionism, Normative Theory and Custom -- Introduction -- Deconstruction -- Customary International Law and Deconstructionist Critique -- Conclusion -- 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case -- Introduction -- The ICJ Inaugurates Customary International Law in the Corfu Channel Case -- The ICJ Premises Custom on Violent Hierarchical Oppositions -- The Corfu Channel Case's Contribution to Understanding of Custom -- Conclusion -- 6 Custom and State Objection to Nascent Norms of Customary Law -- Introduction -- The ICJ Identifies Rules of Customary International Law on the Delimitation of Fisheries Zones -- The Persistent Objector in the Process of Custom -- Conclusion -- 7 Twining Custom with Treaty - North Sea Continental Shelf Cases -- Introduction -- Background -- Positive Law Test of Customary International Law -- Legitimacy Deficit in Custom -- Conclusion -- 8 Conclusions -- Introduction -- Difficulties -- Submissions -- Bibliography

Status and (Human Rights) Obligations of Non-Recognized De Facto Regimes in International Law: The Case of 'Somaliland'

Author : Michael Schoiswohl
Publisher : BRILL
ISBN 13 : 9047413563
Total Pages : 368 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Status and (Human Rights) Obligations of Non-Recognized De Facto Regimes in International Law: The Case of 'Somaliland' by : Michael Schoiswohl

Download or read book Status and (Human Rights) Obligations of Non-Recognized De Facto Regimes in International Law: The Case of 'Somaliland' written by Michael Schoiswohl and published by BRILL. This book was released on 2004-04-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the first comprehensive study of legal issues arising with regard to the self-declared 'Republic of Somaliland' which, after more than 10 years of factual existence, is still facing international non-recognition. The case of Somaliland, in particular its unique position within the collapsed State of Somalia, challenges current international law doctrine regarding the interplay between non-recognition and the creation of States. Based upon an in-depth analysis of international law concerning the criteria of statehood and recognition, the author presents a legal framework against which cases of secession in the context of collapsed States should be measured. In applying this framework to the case of Somaliland, he demonstrates that the entity has established a sufficient level of peace, stability and effective governance to qualify as a State under international law. Given the legal uncertainty surrounding non-recognized de facto regimes such as Somaliland, the study finally attempts to identify legal rules which bind de facto regimes in the process of secession irrespective of their recognition as a State. Proposing a 'functional approach' to de facto regimes, the author argues that such entities are subject to obligations under international (human rights) law to the extent they are assuming governmental tasks.

Improving International Investment Agreements

Author : Armand De Mestral
Publisher : Routledge
ISBN 13 : 1136260714
Total Pages : 441 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Improving International Investment Agreements by : Armand De Mestral

Download or read book Improving International Investment Agreements written by Armand De Mestral and published by Routledge. This book was released on 2013-02-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Corporate Obligations under International Law

Author : Markos Karavias
Publisher : OUP Oxford
ISBN 13 : 0191656135
Total Pages : 1438 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Corporate Obligations under International Law by : Markos Karavias

Download or read book Corporate Obligations under International Law written by Markos Karavias and published by OUP Oxford. This book was released on 2013-11-28 with total page 1438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extent to which international law places obligations directly on corporate entities. It is often argued that corporations are bound by, inter alia, the same human rights and environmental obligations that states have. This book examines the source of these supposed obligations in treaty law, international custom, and in internationalized contracts, to determine whether they really can be transposed to corporations so easily. The focus of the book is on the regulation by international law of private corporate conduct. It examines whether corporate obligations, namely obligations binding directly upon a corporation under positive international law, have indeed emerged, and if so, whether corporations may be systemically included in the predominantly state-centric framework of international law. It investigates the challenges facing international law as a result of the potential emergence of corporate obligations, and engages in a structural analysis of what corporate obligations under international human rights law might entail. Ultimately, it warns against conceptualizing corporations as both holders and potential violators of human rights, explaining why they are not automatically bound by the same obligations that are imposed on states.

An Introduction to International Institutional Law

Author : Jan Klabbers
Publisher : Cambridge University Press
ISBN 13 : 1139576461
Total Pages : 853 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis An Introduction to International Institutional Law by : Jan Klabbers

Download or read book An Introduction to International Institutional Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2009-05-14 with total page 853 pages. Available in PDF, EPUB and Kindle. Book excerpt: International institutions are powerful players on the world stage, and every student of international law requires a clear understanding of the forces that shape them. For example, with increasing global influence comes the need for internal control and accountability. This thought-provoking overview considers these and other forces that govern international institutions such as the UN, EU and WTO, and the complex relationship that exists between international organizations and their member states. Covering recent scholarly developments, such as the rise of constitutionalism and global administrative law, and analysing the impact of important cases, such as the ICJ's Genocide case (2007) and the Behrami judgment of the European Court of Human Rights (2007), its clarity of explanation and analytical approach allow students to understand and think critically about a complex subject.

The Creation of States in International Law

Author : James R. Crawford
Publisher : Oxford University Press
ISBN 13 : 0191511951
Total Pages : 943 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Creation of States in International Law by : James R. Crawford

Download or read book The Creation of States in International Law written by James R. Crawford and published by Oxford University Press. This book was released on 2007-03-15 with total page 943 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

Law at the Vanishing Point

Author : Aaron Fichtelberg
Publisher : Routledge
ISBN 13 : 1317107659
Total Pages : 244 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Law at the Vanishing Point by : Aaron Fichtelberg

Download or read book Law at the Vanishing Point written by Aaron Fichtelberg and published by Routledge. This book was released on 2016-04-22 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.

Armed Non-State Actors in International Humanitarian and Human Rights Law

Author : Konstantinos Mastorodimos
Publisher : Routledge
ISBN 13 : 1134800614
Total Pages : 312 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Armed Non-State Actors in International Humanitarian and Human Rights Law by : Konstantinos Mastorodimos

Download or read book Armed Non-State Actors in International Humanitarian and Human Rights Law written by Konstantinos Mastorodimos and published by Routledge. This book was released on 2017-05-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.