Enforcement Mechanisms And Their Effects On International Law

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Enforcement mechanisms and their effects on international law

Author : Yasmeen Muyano
Publisher : GRIN Verlag
ISBN 13 : 3668967008
Total Pages : 8 pages
Book Rating : 4.6/5 (689 download)

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Book Synopsis Enforcement mechanisms and their effects on international law by : Yasmeen Muyano

Download or read book Enforcement mechanisms and their effects on international law written by Yasmeen Muyano and published by GRIN Verlag. This book was released on 2019-06-26 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2019 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 2.50, University of Santo Tomas (Faculty of Arts and Letters), course: Legal Management, language: English, abstract: In this essay I will explore the status of enforcement mechanisms used in international law and their effect on the overall effectivity of the law, using, principles, treaties, major researches and related jurisprudence. Effectiveness of law refers to whether the law has changed a state’s behavior from what it would have been in the absence of the law. In order for a law to be effective, parties must agree to comply to it. For this reason, the international committee provides enforcement mechanisms, which are methods used to induce compliance and increase cooperation from international bodies. These enforcement mechanisms fulfil a state's immediate interests. However, despite using these enforcement mechanisms, the international committee currently faces non-compliance and the possible unenforceability of the International Court of Justice as one of the major problems encountered in international law. Why is non-compliance still a major problem in international law if enforcement mechanisms are already in use?

The Limits of Leviathan

Author : Robert E. Scott
Publisher : Cambridge University Press
ISBN 13 : 1139460285
Total Pages : 215 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Limits of Leviathan by : Robert E. Scott

Download or read book The Limits of Leviathan written by Robert E. Scott and published by Cambridge University Press. This book was released on 2006-08-14 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.

International Criminal Law

Author : M. Cherif Bassiouni
Publisher : BRILL
ISBN 13 : 9004165312
Total Pages : 643 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Criminal Law by : M. Cherif Bassiouni

Download or read book International Criminal Law written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

Socializing States

Author : Ryan Goodman
Publisher : Oxford University Press
ISBN 13 : 0199301018
Total Pages : 224 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Socializing States by : Ryan Goodman

Download or read book Socializing States written by Ryan Goodman and published by Oxford University Press. This book was released on 2013-08-20 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,

International Law in a Transcivilizational World

Author : Onuma Yasuaki
Publisher : Cambridge University Press
ISBN 13 : 1107024730
Total Pages : 733 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Law in a Transcivilizational World by : Onuma Yasuaki

Download or read book International Law in a Transcivilizational World written by Onuma Yasuaki and published by Cambridge University Press. This book was released on 2017-02-15 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

International Law in the Era of Climate Change

Author : Rosemary Gail Rayfuse
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006083
Total Pages : 401 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Law in the Era of Climate Change by : Rosemary Gail Rayfuse

Download or read book International Law in the Era of Climate Change written by Rosemary Gail Rayfuse and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.

Global Governance and the Emergence of Global Institutions for the 21st Century

Author : Augusto Lopez-Claros
Publisher : Cambridge University Press
ISBN 13 : 1108476961
Total Pages : 561 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Global Governance and the Emergence of Global Institutions for the 21st Century by : Augusto Lopez-Claros

Download or read book Global Governance and the Emergence of Global Institutions for the 21st Century written by Augusto Lopez-Claros and published by Cambridge University Press. This book was released on 2020-01-23 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.

Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements

Author : Tullio Treves
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045575
Total Pages : 0 pages
Book Rating : 4.0/5 (455 download)

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Book Synopsis Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements by : Tullio Treves

Download or read book Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements written by Tullio Treves and published by T.M.C. Asser Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional means of international dispute settlement have proved to be largely ineffective in ensuring the effectiveness of international environmental law. Thus, states are increasingly creating regime-specific systems to control, facilitate and assist the implementation of and compliance with each multilateral environmental agreement. By bringing together the perspectives of scholars, negotiators and practitioners, this book provides a comprehensive and in-depth analysis of the most advanced of these systems, the so-called “non-compliance mechanisms”, in which a specialized treaty body is entrusted with the task of examining cases of non-compliance by State parties. Included are descriptions of each mechanism and an analysis of cross-cutting issues. It also explains how these systems relate to relevant concepts and mechanisms of general international law and, for the first time, of European Union law. The book is a valuable source of information and recommended reading for academics, practitioners, civil servants, NGOs and all those interested in public international law, EC law and environmental law. Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and Professor of International Law at the University of Milan; Laura Pineschi is Professor of International Law at the University of Parma; Attila Tanzi is Professor of International Law at the University of Bologna and Chairperson of the Compliance Committee of the Protocol on Water and Health; Cesare Pitea is Aggregate Professor of International and European Law at the University of Parma; Chiara Ragni is a Senior Researcher in International Law at the University of Milan; and Francesca Romanin Jacur is a Post-doc Researcher in International Law at the University of Milan and Legal Adviser to the Italian Ministry of the Environment, Land and Sea in a project of the University of Siena.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The Limits of International Law

Author : Jack L. Goldsmith
Publisher : Oxford University Press
ISBN 13 : 0199883378
Total Pages : 272 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Limits of International Law by : Jack L. Goldsmith

Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

First Platform of International Law (1876)

Author : Edward S. Creasy
Publisher :
ISBN 13 : 9781437018080
Total Pages : 728 pages
Book Rating : 4.0/5 (18 download)

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Book Synopsis First Platform of International Law (1876) by : Edward S. Creasy

Download or read book First Platform of International Law (1876) written by Edward S. Creasy and published by . This book was released on 2008-08-01 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Research Handbook on International Law and Social Rights

Author : Christina Binder
Publisher : Edward Elgar Publishing
ISBN 13 : 1788972139
Total Pages : 592 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on International Law and Social Rights by : Christina Binder

Download or read book Research Handbook on International Law and Social Rights written by Christina Binder and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.

The Power and Purpose of International Law

Author : Mary Ellen O'Connell
Publisher : Oxford University Press
ISBN 13 : 9780199831029
Total Pages : 408 pages
Book Rating : 4.8/5 (31 download)

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Book Synopsis The Power and Purpose of International Law by : Mary Ellen O'Connell

Download or read book The Power and Purpose of International Law written by Mary Ellen O'Connell and published by Oxford University Press. This book was released on 2011-05-10 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

The Law of Nations

Author : Emer de Vattel
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of Nations by : Emer de Vattel

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Right of Actio Popularis before International Courts and Tribunals

Author : Farid Ahmadov
Publisher : BRILL
ISBN 13 : 9004380981
Total Pages : 246 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Right of Actio Popularis before International Courts and Tribunals by : Farid Ahmadov

Download or read book The Right of Actio Popularis before International Courts and Tribunals written by Farid Ahmadov and published by BRILL. This book was released on 2018-08-23 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right of Actio Popularis before International Courts and Tribunals Farid Ahmadov provides a detailed analysis of the elements of actio popularis and its operation before various international courts and tribunals.

Antitrust Enforcement Guidelines for International Operations

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Antitrust Enforcement Guidelines for International Operations by : United States. Department of Justice

Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enforcing Obligations Erga Omnes in International Law

Author : Christian J. Tams
Publisher : Cambridge University Press
ISBN 13 : 1139448803
Total Pages : 397 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Enforcing Obligations Erga Omnes in International Law by : Christian J. Tams

Download or read book Enforcing Obligations Erga Omnes in International Law written by Christian J. Tams and published by Cambridge University Press. This book was released on 2005-12-01 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.