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Diversity In Secondary Rules And The Unity Of International Law
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Book Synopsis Diversity in Secondary Rules and the Unity of International Law by : K. C. Wellens
Download or read book Diversity in Secondary Rules and the Unity of International Law written by K. C. Wellens and published by BRILL. This book was released on 2023-11-27 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.
Book Synopsis Unity and Pluralism in Public International Law by : Oriol Casanovas
Download or read book Unity and Pluralism in Public International Law written by Oriol Casanovas and published by BRILL. This book was released on 2021-10-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.
Book Synopsis The Concept of Unity in Public International Law by : Mario Prost
Download or read book The Concept of Unity in Public International Law written by Mario Prost and published by Bloomsbury Publishing. This book was released on 2012-03-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.
Book Synopsis International Institutional Law:Unity Within Diversity by : Henry Schermers
Download or read book International Institutional Law:Unity Within Diversity written by Henry Schermers and published by Springer. This book was released on 1995-07-27 with total page 1354 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed comparative study of the institutional law of international organizations--i.e., those rules of law which govern legal status, structure, and functioning--that examines which different or similar institutional rules exist, and how different organizations have dealt with similar institutional problems. This edition revises and updates the second edition of 1980. The text contains 12 chapters: introduction; participants; rules for international organs; policy- making and administrative organs; advisory and supervisory organs; decision-making process; financing; legal order; interpretation and settlement of disputes; supervision and sanctions; legal status; and external relations. The authors jointly teach a specialized course on international institutional law at the Law Faculty, U. of Leiden. Annotation copyright by Book News, Inc., Portland, OR
Book Synopsis International Institutional Law by : Henry G. Schermers
Download or read book International Institutional Law written by Henry G. Schermers and published by BRILL. This book was released on 2021-11-15 with total page 1336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.
Book Synopsis State Responsibility, Climate Change and Human Rights under International Law by : Margaretha Wewerinke-Singh
Download or read book State Responsibility, Climate Change and Human Rights under International Law written by Margaretha Wewerinke-Singh and published by Bloomsbury Publishing. This book was released on 2019-03-21 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.
Book Synopsis Non-Proliferation Law as a Special Regime by : Daniel H. Joyner
Download or read book Non-Proliferation Law as a Special Regime written by Daniel H. Joyner and published by Cambridge University Press. This book was released on 2012-09-20 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do WMD non-proliferation treaties comprise a special regime in international law, with rules that differ from general international law?
Book Synopsis The Problem of Enforcement in International Law by : Elena Katselli Proukaki
Download or read book The Problem of Enforcement in International Law written by Elena Katselli Proukaki and published by Routledge. This book was released on 2009-12-16 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.
Book Synopsis International Courts and Environmental Protection by : Tim Stephens
Download or read book International Courts and Environmental Protection written by Tim Stephens and published by Cambridge University Press. This book was released on 2009-02-12 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Book Synopsis An Institutional And Normative Analysis of the World Trade Organization by : Mary E. Footer
Download or read book An Institutional And Normative Analysis of the World Trade Organization written by Mary E. Footer and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book establishes a framework for analysis of the institutional and normative character of the WTO by locating the organization in a broader theory of international institutional law and in determining the basis for the conferral and exercise of powers in relation to its executive, legislative and adjudicative functions. The WTO is also read as an international regime in order to go beyond its formal legal and constitutional bases and to observe the Members' practice in the context of the former semi-institutionalised GATT treaty regime with which it retains strong links. WTO decision-making, which underpins and informs its institutional and normative acts, is analysed in order to better understand the dynamics of the organization. Normative developments in the WTO are reviewed from the perspective of the creation, maintenance and revision of legally binding and non-binding or 'soft' law norms, in the sense of principles, rules and standards contained in primary treaty rules, which set out the rights and obligations of the Members, and subsidiary rule-making activity by WTO bodies.
Book Synopsis International Legal Responsibility of International Organizations in the ILC Draft Articles and Beyond by : Sarah Bayani
Download or read book International Legal Responsibility of International Organizations in the ILC Draft Articles and Beyond written by Sarah Bayani and published by Universitätsverlag Göttingen. This book was released on 2022 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The phenomenon of proliferation of international organizations has urged focus on the responsibility of international organizations under international law as the effect of their activities is witnessed everywhere in our daily life. The main purpose of the present book is to examine and review some specific aspects relevant to the question of international legal responsibility of international organizations, mainly, with a view to assessing the International Law Commission’s work on the codification of the international legal rules applicable on international organizations in this area. At the same time, the intention is to address the major challenge to the codification of general rules for international organizations, namely, their wide-varying nature and their differences from each other. Furthermore, the perspective has been enlarged by elaborating on the broader concept of accountability of international organizations.
Book Synopsis Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010) by : The Xiamen Academy of International Law
Download or read book Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010) written by The Xiamen Academy of International Law and published by BRILL. This book was released on 2011-06-22 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals.
Book Synopsis The Legal Nature of International Human Rights by : Michael K. Addo
Download or read book The Legal Nature of International Human Rights written by Michael K. Addo and published by BRILL. This book was released on 2010-05-17 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinct legal perspective of human rights has evolved alongside the traditional recognition as politics or philosophy. As an evolving social construct under the managerial direction of international human rights courts and treaty bodies, it provides a good framework in which to appreciate the substantive law.
Book Synopsis Concepts for International Law by : Jean d’Aspremont
Download or read book Concepts for International Law written by Jean d’Aspremont and published by Edward Elgar Publishing. This book was released on 2018 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
Book Synopsis The Law of Arms Control and the International Non-proliferation Regime by : Tom Coppen
Download or read book The Law of Arms Control and the International Non-proliferation Regime written by Tom Coppen and published by BRILL. This book was released on 2016-12-08 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the strengths, weaknesses, development and potential of the nuclear non-proliferation and disarmament regime, providing new insights on the role of public international law in a field as politicized as that of nuclear arms control.
Book Synopsis The International Law Commission 1999-2009 by : Arthur Watts
Download or read book The International Law Commission 1999-2009 written by Arthur Watts and published by Oxford University Press. This book was released on 1999 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the work of the United Nations International Law Commission (ILC) during the period 1999-2009, brining up to date the three-volume series on the work of the Commission edited by Sir Arthur Watts. Each text is accompanied by an introduction, a concise description of the negotiation process and a carefully selected bibliography.
Book Synopsis Select Proceedings of the European Society of International Law, Volume 2, 2008 by : Hélène Ruiz Fabri
Download or read book Select Proceedings of the European Society of International Law, Volume 2, 2008 written by Hélène Ruiz Fabri and published by Bloomsbury Publishing. This book was released on 2010-06-30 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Third Biennial Conference organised by ESIL and the Max Planck Institute for Comparative Public Law and International Law in 2008. The conference was entitled 'International Law in a Heterogeneous World', reflecting an idea which is central to the ESIL philosophy. Heterogeneity is considered one of the pillars upon which Europe's contribution to international law is built and the subject was considered in a number of panels, including such diverse topics as migration, the history of international law, the rules on warfare and international environmental law.
