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International Law And The Relationality Of States
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Book Synopsis International Law and the Relationality of States by : Erdem Ertürk
Download or read book International Law and the Relationality of States written by Erdem Ertürk and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative. The book traces the source of this shortcoming to Vattel's notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists' idea of recognition as a sovereign gesture of consent and declarative theorists' perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the relational element of coming into being. To achieve this purpose, the book draws upon Hegel's theory of recognition, supplementing it with Bataille's and Derrida's critical readings of Hegel's thought. In this respect, the book departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty, elaborating a more general economy of recognition that accommodates the notion of subjects in flux. This critical engagement with a key notion in international law will appeal to legal and political theorists, as well as scholars and students in international relations.
Book Synopsis International Law and the Relationality of States by : Erdem Ertürk
Download or read book International Law and the Relationality of States written by Erdem Ertürk and published by Taylor & Francis. This book was released on 2023-03-23 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative. The book traces the source of this shortcoming to Vattel’s notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists’ idea of recognition as a sovereign gesture of consent and declarative theorists’ perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the relational element of coming into being. To achieve this purpose, the book draws upon Hegel’s theory of recognition, supplementing it with Bataille’s and Derrida’s critical readings of Hegel’s thought. In this respect, the book departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty, elaborating a more general economy of recognition that accommodates the notion of subjects in flux. This critical engagement with a key notion in international law will appeal to legal and political theorists, as well as scholars and students in international relations.
Book Synopsis Identity and Continuity of States in Public International Law by : Krystyna Marek
Download or read book Identity and Continuity of States in Public International Law written by Krystyna Marek and published by Librairie Droz. This book was released on 1968 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Power and Law in International Society by : Mark Klamberg
Download or read book Power and Law in International Society written by Mark Klamberg and published by Routledge. This book was released on 2015-04-24 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.
Book Synopsis Statehood and the State-Like in International Law by : Rowan Nicholson
Download or read book Statehood and the State-Like in International Law written by Rowan Nicholson and published by Oxford University Press, USA. This book was released on 2019-09 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.
Book Synopsis The Fluid State by : Hilary Charlesworth
Download or read book The Fluid State written by Hilary Charlesworth and published by Federation Press. This book was released on 2005 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fluid State was cited by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are:How do perceptions of international law differ according to particular institutional vantage-points, whether that of the executive, the legislature or the judiciary? What is the impact of the perceived 'democratic deficit' in international treaty-making? What are some of the ways in which the judiciary acts as a gatekeeper between the national and international legal orders? How does national politics influence engagement with the international sphere? The contributors bring a range of different perspectives: politics, law and international relations. They include influential scholars such as Mayo Moran, Ann Capling, John Uhr, Andrew Byrnes and Janet MacLean and they discuss contemporary issues, such as the Australia-US Free Trade Agreement and the 2003 Iraq War.
Book Synopsis International Law and Organization by : Thomas R. Van Dervort
Download or read book International Law and Organization written by Thomas R. Van Dervort and published by SAGE Publications, Incorporated. This book was released on 1997-07-18 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of international law has, in recent times, appeared disconnected from real world politics. In this book, international law is introduced as a dynamic process with an explicit connection to the contemporary realpolitik. Following an historical overview of the development of international law - starting with ancient Rome and continuing up to the present day - the author considers the basic principles of international law in specific fields, focusing on the application of international legal principles in domestic courts. Van Dervort concludes with an examination of law on an international plane, discussing disputes between sovereign nation-states.
Book Synopsis International Law in the Western Hemisphere by : Nigel S. Rodley
Download or read book International Law in the Western Hemisphere written by Nigel S. Rodley and published by Springer. This book was released on 2013-12-01 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays and commentaries in this collection were presented at a Con ference on Problems of International Law in the Western Hemisphere, the Second Conference on Problems of Regional International Law under the joint sponsorship of the American Society of International Law and the Graduate Faculty of the New School for Social Research, April 2 & 3, 1971. Contributors have been given the opportunity to revise their papers since their original presentation. The editors acknowledge with gratitude the important contributions made by the Chairmen of the respective panels, namely, Professor Louis Henkin of Columbia Law School (Water Resources Panel), Professor Richard B. Lillich of the University of Virginia Law School (panel on Intervention) and Dr. Egon Schwelb of the United Nations (Human Rights Panel). The assistance of the Graduate Faculty of the New School for Social Research in the organization of the conference and that of the New York University Center for International Studies in the editing of these papers have been indispensable. We wish to make particular mention of the unstinting secretarial support of Ms. Donna Welensky and Ms. Judith Chazen. Certain problems would have been insuperable without the critical (in all senses) aid provided by Lyn Rodley. . The descriptions of contributors are those that obtained at the time of the conference. Since then, Professors Rovine and Rodley have moved to new pastures, the former to the Department of State's Office of the Legal Adviser, the latter to Amnesty International, while Dr.
Book Synopsis Community Interests Across International Law by : Eyal Benvenisti
Download or read book Community Interests Across International Law written by Eyal Benvenisti and published by Oxford University Press. This book was released on 2018 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
Book Synopsis Feminist Dialogues on International Law by : Gina Heathcote
Download or read book Feminist Dialogues on International Law written by Gina Heathcote and published by Oxford University Press. This book was released on 2019-01-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict. Contributing to the development of feminist and gender scholarship on international law, Gina Heathcote provides a feminist analysis of the central pillars of international law, noting the advances and limitations of feminist approaches. Through incorporating into mainstream international legal studies specific critical and feminist narratives, this book considers the manner in which feminist thinking has changed international law, and the manner in which international law has remained impervious to key feminist dialogues. It argues for a return to structural bias feminism that engages the foundations of international law and uses gender as a method for challenging post-millennium narratives on fragmentation, the role of international institutions, the nature of legal authority, sovereignty, and the role of international legal experts.
Book Synopsis Reciprocity in International Law by : Shahrad Nasrolahi Fard
Download or read book Reciprocity in International Law written by Shahrad Nasrolahi Fard and published by Routledge. This book was released on 2015-12-22 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.
Book Synopsis Unilateral Acts of States in Public International Law by : Przemyslaw Saganek
Download or read book Unilateral Acts of States in Public International Law written by Przemyslaw Saganek and published by BRILL. This book was released on 2015-11-20 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Unilateral Acts of States in Public International Law Przemysław Saganek discusses an important source of States’ obligations. The aim is to discover the nature of unilateral acts and possibilities of codifying them in a single set of rules.
Book Synopsis International organisations, non-State actors, and the formation of customary international law by : Sufyan Droubi
Download or read book International organisations, non-State actors, and the formation of customary international law written by Sufyan Droubi and published by Manchester University Press. This book was released on 2020-12-08 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers new practical and theoretical perspectives on one of the most complex questions regarding the formation of international law, namely that actors other than states contribute to the making of customary international law. Notwithstanding the International Law Commission’s valuable contribution, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals, as well as the most recent scholarly work on customary international law, this volume provides a comprehensive study of the contribution of international organisations and non-state actors to the formation of customary international law. With innovative tools and guidance for law students, legal scholars, and researchers in law, as well as legal practitioners, advisers, judges, arbitrators, and counsels, this collection is essential reading for those wishing to understand and address contemporary questions of international law-making.
Book Synopsis Sources of State Practice in International Law by : Ralph Gaebler
Download or read book Sources of State Practice in International Law written by Ralph Gaebler and published by . This book was released on 2002 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sources of State Practice in International Law is the true heir to Myers' 1922 classic Manual of Collections of Treaties. It is the only work that carries the thoroughness and scholarship of Myers into the United Nations era and on to today's new world order. The work is organized by country, with a lengthy additional chapter covering multi-jurisdictional sources. Each chapter describes relevant web sites as well as traditional bibliographic materials. The first release includes fully up-to-date documentation of state practice in international law in the following fourteen countries; Austria, Belgium, Canada, Denmark, Finland, France, Germany, Norway, Russia, Sweden, Switzerland, U.K., United States... as well as an annotated list of multi-jurisdictional collections arranged by subject. The authors provide references not only to treaty collections but also to sources of diplomatic documentation and other materials that shed light on customary state practice in international law. References to Yearbooks and Digests are also included. Every listing offers essential details of publication and/or online accessibility, as well as a brief note elucidating important considerations in the item's practical application. These descriptions, even for items catalogued in Myers or the UN List, are in most cases the most detailed bibliographic descriptions available in any legal source. Each chapter, compiled by an expert in the particular country's practice in international law, opens with a detailed introduction that locates the regime in question in the past and present context of international relations and international law, discusses issues of treaty succession, and describes the process of treaty ratification and implementation.
Book Synopsis Routledge Handbook of International Law by : James David Armstrong
Download or read book Routledge Handbook of International Law written by James David Armstrong and published by Taylor & Francis US. This book was released on 2009 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field. This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections: The Nature of International Law including the interaction between the disciplines of International Law and International Relations The Evolution of International Law progressing from the ancient world to present day. Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by "new terrorism". A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.
Book Synopsis Recognition in International Law by : Hersch Lauterpacht
Download or read book Recognition in International Law written by Hersch Lauterpacht and published by Cambridge University Press. This book was released on 2012-11 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.
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, USA. This book was released on 2015 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law in a policy-oriented perspective -- Nation-states -- International governmental organizations -- Nongovernmental organizations and associations -- The individual -- Minimum order and optimum order -- Establishment of and access to arenas of authority -- Control over territory -- Control and use of the sea -- Control and use of other resources -- Control of people : nationality and movement -- Protection of people : from alien rights to human rights -- Vertical allocation of authority -- Horizontal allocation of authority -- The diplomatic instrument -- International agreements -- The ideological instrument -- The economic instrument -- The military instrument -- The intelligence function -- The promoting function -- The prescribing (lawmaking) function -- The invoking function -- The applying function -- The terminating function -- The appraising function -- Succession of states -- Responsibility of states -- Individual criminal responsibility -- Toward a world community of human dignity.
