Renegotiating Westphalia

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Renegotiating Westphalia

Author : Christopher Harding
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041112507
Total Pages : 410 pages
Book Rating : 4.1/5 (125 download)

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Book Synopsis Renegotiating Westphalia by : Christopher Harding

Download or read book Renegotiating Westphalia written by Christopher Harding and published by Martinus Nijhoff Publishers. This book was released on 1999-07-21 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history. Comparisons are drawn with both global and other regional developments to test the hypothesis of a 'European international law'. The work will be of interest to teachers, students and practitioners (legal and otherwise) in the field of international law and relations.

A History of Water, Series III, Volume 2: Sovereignty and International Water Law

Author : Terje Tvedt
Publisher : Bloomsbury Publishing
ISBN 13 : 1786739615
Total Pages : 744 pages
Book Rating : 4.7/5 (867 download)

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Book Synopsis A History of Water, Series III, Volume 2: Sovereignty and International Water Law by : Terje Tvedt

Download or read book A History of Water, Series III, Volume 2: Sovereignty and International Water Law written by Terje Tvedt and published by Bloomsbury Publishing. This book was released on 2015-05-30 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: As global climate change threatens to change radically both the political and physical climate with regard to water issues, so a reassessment of some of the fundamental principles of international water law is emerging. One of the most important principles being reassessed is the sovereign equality of states. This volume brings together more than thirty leading international water and legal specialists to explore the development and changing relationship between water, state sovereignty and international law. Offering fresh insights into one of the most pressing issues in global water policy, Sovereignty and International Water Law will form an essential reference for water professionals, legal specialists and policy makers alike.

Democracies and the Shock of War

Author : Marc Cogen
Publisher : Routledge
ISBN 13 : 1317153197
Total Pages : 320 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Democracies and the Shock of War by : Marc Cogen

Download or read book Democracies and the Shock of War written by Marc Cogen and published by Routledge. This book was released on 2016-05-13 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of the twentieth century, democracies demonstrated an uncanny ability to win wars when their survival was at stake. As this book makes clear, this success cannot be explained merely by superior military equipment or a particular geographical advantage. Instead, it is argued that the legal frameworks imbedded in democratic societies offered them a fundamental advantage over their more politically restricted rivals. For democracies fight wars aided by codes of behaviour shaped by their laws, customs and treaties that reflect the wider values of their society. This means that voters and the public can influence the decision to wage and sustain war. Thus, a precarious balance between government, parliament and military leadership is the backbone of any democracy at war, and the key to success or failure. Beginning with the sixteenth- and seventeenth-century writings of Alberico Gentili and Hugo Grotius, this book traces the rise of legal concepts of war between states. It argues that the ideas and theories set out by the likes of Gentili and Grotius were to provide the bedrock of western democratic thinking in wartime. The book then moves on to look in detail at the two World Wars of the twentieth century and how legal thinking adapted itself to the realities of industrial and total war. In particular it focuses upon the impact of differing political ideologies on the conduct of war, and how combatant nations were frequently forced to challenge core beliefs and values in order to win. Through a combination of history and legal philosophy, this book contributes to a better understanding of democratic government when it is most severely tested at war. The ideas and concepts addressed will resonate, both with those studying the past, and current events.

International Law

Author : Jan Wouters
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909044
Total Pages : 560 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Law by : Jan Wouters

Download or read book International Law written by Jan Wouters and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.

The Making of International Law

Author : Alan Boyle
Publisher : OUP Oxford
ISBN 13 : 0191021768
Total Pages : 368 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Making of International Law by : Alan Boyle

Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

European Constitutional Language

Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1107130786
Total Pages : 531 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis European Constitutional Language by : András Jakab

Download or read book European Constitutional Language written by András Jakab and published by Cambridge University Press. This book was released on 2016-04-15 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

International Law

Author : Malcolm N. Shaw
Publisher : Cambridge University Press
ISBN 13 : 9781139438643
Total Pages : 1452 pages
Book Rating : 4.4/5 (386 download)

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Book Synopsis International Law by : Malcolm N. Shaw

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2003-09-25 with total page 1452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.

Ordering Anarchy

Author : Rein Müllerson
Publisher : BRILL
ISBN 13 : 9004482601
Total Pages : 399 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Ordering Anarchy by : Rein Müllerson

Download or read book Ordering Anarchy written by Rein Müllerson and published by BRILL. This book was released on 2021-10-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War has released some hitherto suppressed trends in international society that are reshaping international order, such as globalization and its nemesis - fragmentation. This volume analyzes the current transformation of the character of the state as the principal actor of international society and related changes in the structure of international society. International law, especially its fundamental principles, such as sovereign equality of states, non-use of force, non-interference, respect for human rights, and self-determination of peoples, reflect some basic characteristics of the state and the structure of international society. Because of significant changes going on in the latter, many crucial principles of international law have ceased to reflect the reality. Moreover, fundamental principles often come into conflict with each other since they reflect main characteristics of different international societies -- Westphalian and post-Westphalian.

International Investment Law and History

Author : Stephan W. Schill
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439964
Total Pages : 400 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis International Investment Law and History by : Stephan W. Schill

Download or read book International Investment Law and History written by Stephan W. Schill and published by Edward Elgar Publishing. This book was released on 2018 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.

British Contributions to International Law, 1915-2015 (Set)

Author : Jill Barrett
Publisher : BRILL
ISBN 13 : 9004386246
Total Pages : 3728 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis British Contributions to International Law, 1915-2015 (Set) by : Jill Barrett

Download or read book British Contributions to International Law, 1915-2015 (Set) written by Jill Barrett and published by BRILL. This book was released on 2020-12-15 with total page 3728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthology of original documentary sources of the key British contributions to international law spanning the past 100 years.

The Creation of States in International Law

Author : James R. Crawford
Publisher : Oxford University Press
ISBN 13 : 0191511951
Total Pages : 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 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.

The Other's War

Author : Tarik Kochi
Publisher : Routledge
ISBN 13 : 1134015720
Total Pages : 287 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis The Other's War by : Tarik Kochi

Download or read book The Other's War written by Tarik Kochi and published by Routledge. This book was released on 2009-05-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Other's War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches – just war theory, classical realist, post-Kantian, poststructuralist – contemporary ethical, political and legal philosophy still struggles to produce a convincing account of war. Focusing on the philosophical problem of the rightness of war, The Other's War responds to this lack. Through a discussion of a number of key Western intellectual traditions, Kochi demonstrates how often conflicting and contradictory conceptions of war’s rightness have developed in modernity. He shows how a process of ordering violence around different notions of right has constantly redrawn the boundaries of what constitutes ‘legitimate’ violence. Such a process has consequences for anyone who claims to be fighting a ‘just war’. Building upon this account and drawing upon the philosophical heritage of G.W.F. Hegel and Ernst Bloch, The Other’s War proposes a new understanding of war, not just as a social condition characterised by violent conflict and struggles for power, but as the attempt of individuals and groups to realise their normative claims through violence. Kochi argues that both of these aspects of war are an expression of the metaphysics of human subjectivity. War begins with, and is the radical exaggeration of, a fundamental activity of human subjectivity, in which the subject constitutes its normative and material identity; realising and positing itself through acts that involve negation and violence. By drawing consideration of the problem of war back to the level of a philosophical examination of the metaphysics of human subjectivity, The Other's War develops a novel theory of war that helps us to better understand the nature of contemporary conflict as a process of recognition. From this perspective, judgment, it is concluded, needs to be constantly guided by the effort to recognise the ethics of the other's war.

International Water Law and the Quest for Common Security

Author : Bjørn-Oliver Magsig
Publisher : Routledge
ISBN 13 : 131759679X
Total Pages : 212 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis International Water Law and the Quest for Common Security by : Bjørn-Oliver Magsig

Download or read book International Water Law and the Quest for Common Security written by Bjørn-Oliver Magsig and published by Routledge. This book was released on 2015-03-24 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world’s freshwater supplies are increasingly threatened by rapidly increasing demand and the impacts of global climate change, but current approaches to transboundary water management are unsustainable and may threaten future global stability and international security. The absence of law in attempts to address this issue highlights the necessity for further understanding from the legal perspective. This book provides a fresh conceptualisation of water security, developing an operational methodology for identifying the four core elements of water security which must be addressed by international law: availability; access; adaptability; and ambit. The analysis of the legal framework of transboundary freshwater management based on this contemporary understanding of water security reveals the challenges and shortcomings of the current legal regime. In order to address these shortcomings, the present mindset of prevailing rigidity and state-centrism is challenged by examining how international legal instruments could be crafted to advance a more flexible and common approach towards transboundary water interaction. The concept of considering water security as a matter of ‘regional common concern’ is introduced to help international law play a more prominent role in addressing the challenges of global water insecurity. Ways for implementing such an approach are proposed and analysed by looking at international hydropolitics in Himalayan Asia. The book analyses transboundary water interaction as a ‘case study’ for advancing public international law in order to fulfil its responsibility of promoting international peace and security.

Legitimate Target

Author : Amos Guiora
Publisher : Oxford University Press
ISBN 13 : 0199969744
Total Pages : 480 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Legitimate Target by : Amos Guiora

Download or read book Legitimate Target written by Amos Guiora and published by Oxford University Press. This book was released on 2013-03-06 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Targeted killings represent both the contemporary weapon of choice and, clearly, the weapon of the future. From the perspective of the nation-state, the benefits of targeted killing are clear: aggressive measures against identified targets can be carried out with minimal, if any, risk to soldiers. But while the threat to soldiers is minimal, there are other risks that must be considered. Particularly, there is a high possibility of collateral damage as well as legitimate concerns regarding how a target is defined. Clearly broad legal, moral, and operational issues are at stake when considering targeted killing. In Legitimate Target, A Criteria Based Approach to Targeted Killing, Amos Guiora proposes that targeted killing decisions must reflect consideration of four distinct elements: law, policy, morality, and operational details, thus ensuring that it complies with principles of domestic and international laws. The author, writing from both personal experience and an academic perspective, offers important criticism and insight into the policy as presently implemented, highlighting the need for a criteria based decision making process in defining and identifying a legitimate target. Legitimate Target, A Criteria-Based Approach to Targeted Killing blends concrete examples with a nuanced study of the current targeted killing paradigm with an emphasis on the dilemmas of morality and the law.

EU Diplomatic Law

Author : Sanderijn Duquet
Publisher : Oxford University Press
ISBN 13 : 0192658875
Total Pages : 401 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis EU Diplomatic Law by : Sanderijn Duquet

Download or read book EU Diplomatic Law written by Sanderijn Duquet and published by Oxford University Press. This book was released on 2022-10-13 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Diplomatic Law provides a thorough analysis of the interactions between the European Union (EU) and international diplomatic and consular law. Over the past six decades, the EU has been granted unique powers that enable it to act prominently on the international plane, thereby developing a worldwide bilateral and multilateral diplomatic network. Much like states, the EU sends ambassadors to all corners of the world and accredits permanent missions at its Brussels' headquarters. These developments shake the foundations of diplomatic and consular law, as these branches of international law are based on the principles of state sovereignty, non-interference, and reciprocity. Traditional conceptions of international law only allow states to perform diplomatic and consular functions, leaving little room for non-state entities such as the EU. Sanderijn Duquet addresses this fundamental problem by re-visiting the foundations of diplomatic and consular law, as well as analysing EU practice in initiating, conducting, and terminating diplomatic and consular relations. In particular, she focuses on the scope of EU diplomatic and consular powers, especially in relationship to its member states; its application of the Vienna Conventions and customary international law; the EU's use of creative legal techniques; the diplomatic and consular protection of EU citizens; questions of protocol and precedence; and the legal status of the EU's diplomatic staff and premises abroad. By critically analysing these issues, this book assesses the specific contribution the EU makes to the shaping of diplomatic and consular law.

The International Committee of the Red Cross and its Mandate to Protect and Assist

Author : Christy Shucksmith
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908188
Total Pages : 342 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The International Committee of the Red Cross and its Mandate to Protect and Assist by : Christy Shucksmith

Download or read book The International Committee of the Red Cross and its Mandate to Protect and Assist written by Christy Shucksmith and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor. It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract human-centric concepts, including sovereignty as responsibility and human security, in order to assess the development of the concept of humanity for the mandate and practice of the ICRC. Critically this book uses semi- structured interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo. Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and extremely complicated conflicts, in which, civilians, soldiers and non-State actors intermingle. In order to remain useful for the people on the ground, therefore, the ICRC is progressively developing its mandate. This book questions whether, on occasion, this could threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking of and recovery from conflict.

The Regulation of International Financial Markets

Author : Rainer Grote
Publisher : Cambridge University Press
ISBN 13 : 1139450344
Total Pages : 358 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Regulation of International Financial Markets by : Rainer Grote

Download or read book The Regulation of International Financial Markets written by Rainer Grote and published by Cambridge University Press. This book was released on 2006-02-16 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: International financial relations have become increasingly important for the development of global and national economies. At present these relations are primarily governed by market forces, with little regulatory interference at the international level. In the light of numerous financial crises, this abstinence must be seriously questioned. Starting with an analysis of the regulatory problems at the international level, with only minimal powers entrusted to international organisations, this book develops various possibilities for reform. On the basis of an historical analysis, the book first adopts a comparative approach to national attempts to regulate international financial markets, then outlines the potential of relevant institutions and finally develops a policy perspective. It seeks to provide a framework for analysing options for the regulation of international financial markets from a public international law and comparative law perspective.