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Irresolvable Norm Conflicts In International Law
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Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner
Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017-07-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Book Synopsis Extraterritorial Use of Force Against Non-State Actors by : Noam Lubell
Download or read book Extraterritorial Use of Force Against Non-State Actors written by Noam Lubell and published by OUP Oxford. This book was released on 2010-05-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.
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 Diplomatic Protection by : Chittharanjan Felix Amerasinghe
Download or read book Diplomatic Protection written by Chittharanjan Felix Amerasinghe and published by OUP Oxford. This book was released on 2008 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title offers a juristic exposition and analysis of diplomatic protection as an institution of public international law. It goes on to examine conflicts of interests, and the influence of human rights on diplomatic protection.
Author :Alexander Orakhelashvili Publisher :Oxford University Press on Demand ISBN 13 :0199546223 Total Pages :623 pages Book Rating :4.1/5 (995 download)
Book Synopsis The Interpretation of Acts and Rules in Public International Law by : Alexander Orakhelashvili
Download or read book The Interpretation of Acts and Rules in Public International Law written by Alexander Orakhelashvili and published by Oxford University Press on Demand. This book was released on 2008 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.
Book Synopsis The Collective Responsibility of States to Protect Refugees by : Agnès G. Hurwitz
Download or read book The Collective Responsibility of States to Protect Refugees written by Agnès G. Hurwitz and published by OUP Oxford. This book was released on 2009 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title analyses the concept of sharing responsibility between states for protecting refugees under international law, and how this mechanism highlights serious concerns for the protection of refugees' rights.
Book Synopsis Confronting the Shadow State by : Henri Decœur
Download or read book Confronting the Shadow State written by Henri Decœur and published by Oxford University Press. This book was released on 2018 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first comprehensive analysis of state organized crime from the perspective of international law, Decoeur discusses how international law can and should be used to tackle state organized crime and argues for the development of international legal mechanisms specifically designed to address this issue.
Book Synopsis The Concept of an International Organization in International Law by : Lorenzo Gasbarri
Download or read book The Concept of an International Organization in International Law written by Lorenzo Gasbarri and published by Oxford University Press. This book was released on 2021 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks what the legal definition of an international organization is by examining how they create particular legal systems that derive from international law, and analysing the systems of governance in these organizations.
Book Synopsis Defining Terrorism in International Law by : Ben Saul
Download or read book Defining Terrorism in International Law written by Ben Saul and published by Oxford University Press, USA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attempts by the international community and the United Nations to define and criminalise terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.
Book Synopsis Individual Criminal Responsibility in International Law by : E. van Sliedregt
Download or read book Individual Criminal Responsibility in International Law written by E. van Sliedregt and published by Oxford University Press. This book was released on 2012-03 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.
Book Synopsis Theory of Obligations in International Law by : Cezary Mik
Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand
Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Book Synopsis The Effects of Armed Conflict on Investment Treaties by : Tobias Ackermann
Download or read book The Effects of Armed Conflict on Investment Treaties written by Tobias Ackermann and published by Cambridge University Press. This book was released on 2022-08-25 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the effects of armed conflict and international humanitarian law on the interpretation and application of investment treaties.
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 Research Handbook on Law, Governance and Planetary Boundaries by : Duncan French
Download or read book Research Handbook on Law, Governance and Planetary Boundaries written by Duncan French and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries’ safe operating space.
Book Synopsis The Power of Process by : Devika Hovell
Download or read book The Power of Process written by Devika Hovell and published by Oxford University Press. This book was released on 2016-01-21 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Security Council's transition to 'targeted sanctions' in the 1990s marked a revolutionary shift in the locus of the Council's decision-making from states to individuals. The establishment of the targeted sanctions regime, should be regarded as more than a shift in policy and invites attention to an emerging tier of international governance. This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates. Drawing on Anglo-American jurisprudence, this book develops procedural principles for the international institutional context using a value-based approach as an alternative to the formalistic approach taken in the literature to date. In doing so, it is recognized that due process is more than a set of discrete legal standards, but is a touchstone for the way the international legal order conceives of far larger questions about community, law and values.
Book Synopsis Military Necessity by : Nobuo Hayashi
Download or read book Military Necessity written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2020-03-26 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
