Review of General Theory of International Law (Ed. By S. Wiessner).

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Publisher :
ISBN 13 :
Total Pages : 5 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Review of General Theory of International Law (Ed. By S. Wiessner). by : Carol Castleberry

Download or read book Review of General Theory of International Law (Ed. By S. Wiessner). written by Carol Castleberry and published by . This book was released on 2019 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Theory of International Law, Siegfried Wiessner presents a selection of specifically American general theories of and about international law, written by the theorists themselves. Included are American Legal Realism, the New Haven School of Jurisprudence, International and Transnational Legal Process, Liberal Theories of International Law, and theories that link to social sciences, including Law and Economics, Critical Legal Studies, LatCrit, TWAIL, and feminist approaches. The range of these works covers the very concept of international law, its justification, the struggle between formalism and experience, various theories of legitimacy and fairness, the law's effectiveness, empirical analysis, critiques from the margins and the center, and approaches to its improvement. Wiessner's Introduction provides context by placing this selection of American theories into historical context, threading together the sequence and interrelation of their development in the midst of contemporaneous political and philosophical movements, and critically appraising them. This book brilliantly elucidates America's prophetic and reformist role in international law theory. This is no surprise in light of Wiessner's description of America's vision of itself as a leader of thought, the star of that “shining city on a hill.” America is the nonconformist, revolutionary, and scrutinizer of what is beneath the façade precisely because of this vision and its quest to determine what roles America should play on the international front.

General Theory of International Law

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Publisher : Brill Nijhoff
ISBN 13 : 9789004338456
Total Pages : 0 pages
Book Rating : 4.3/5 (384 download)

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Book Synopsis General Theory of International Law by : Siegfried Wiessner

Download or read book General Theory of International Law written by Siegfried Wiessner and published by Brill Nijhoff. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory volume to the series of American Classics in International Law is intended to present, put into context, and critically appraise specifically American general theories of and about international law. Those frameworks of ideas include the very concept of international law, its justification, the struggle between formalism and experience, various theories of legitimacy and fairness, the law's effectiveness, empirical analysis, critiques from the margins and the center, and approaches to its improvement. Particular focus is on American Legal Realism, the New Haven School of Jurisprudence, International and Transnational Legal Process, liberal theories of international law, linkages to social sciences, including Law and Economics, Critical Legal Studies, LatCrit, TWAIL, and feminist approaches to the discipline.

The International Legal System as a System of Knowledge

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Publisher : Edward Elgar Publishing
ISBN 13 : 1839105585
Total Pages : 263 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The International Legal System as a System of Knowledge by : Linderfalk, Ulf

Download or read book The International Legal System as a System of Knowledge written by Linderfalk, Ulf and published by Edward Elgar Publishing. This book was released on 2022-10-25 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is an underdeveloped branch of legal research: researchers still disagree over the proper understanding of several of its most fundamental issues, and genuinely so. This book helps to explain why. It brings clarity that will no doubt make international legal research more rational, which in turn vouches for a more productive legal discourse.

International Law as a Belief System

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Publisher : Cambridge University Press
ISBN 13 : 1108421873
Total Pages : 179 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Law as a Belief System by : Jean d'Aspremont

Download or read book International Law as a Belief System written by Jean d'Aspremont and published by Cambridge University Press. This book was released on 2018 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?

Formalism and the Sources of International Law

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Publisher : OUP Oxford
ISBN 13 : 0191504831
Total Pages : 1494 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Formalism and the Sources of International Law by : Jean d'Aspremont

Download or read book Formalism and the Sources of International Law written by Jean d'Aspremont and published by OUP Oxford. This book was released on 2013-05-23 with total page 1494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.

International Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0199654670
Total Pages : 949 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis International Law by : Malcolm David Evans

Download or read book International Law written by Malcolm David Evans and published by Oxford University Press, USA. This book was released on 2014 with total page 949 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.

Review of Theory of International Law

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Publisher :
ISBN 13 :
Total Pages : 4 pages
Book Rating : 4.:/5 (34 download)

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Book Synopsis Review of Theory of International Law by : John Newbold Hazard

Download or read book Review of Theory of International Law written by John Newbold Hazard and published by . This book was released on 1974 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The U.S.-Taiwan-China Relationship in International Law and Policy

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Publisher : Oxford University Press
ISBN 13 : 0190601132
Total Pages : 441 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The U.S.-Taiwan-China Relationship in International Law and Policy by : Lung-chu Chen

Download or read book The U.S.-Taiwan-China Relationship in International Law and Policy written by Lung-chu Chen and published by Oxford University Press. This book was released on 2016-03-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a country of its size, Taiwan has a tremendous influence on world affairs and U.S. policy. The U.S.-Taiwan-China Relationship in International Law and Policy describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. In this book, Lung-chu Chen gives particular attention to Taiwan's status under international law, and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan. This book endorses the central purpose of the Taiwan Relations Act--achieving a peaceful resolution to the Taiwan question--while offering policy alternatives that will empower Taiwan to participate more actively in the international arena. This book follows in the tradition of the New Haven School of international law. As such, it defines the common interests of the world community, which include demands for human dignity and security and the protection of human rights in accordance with bedrock norms such as the right to self-determination and the peaceful resolution of conflict. Chen proposes that in accordance with international law, historical trends, and contemporary political conditions, the people of Taiwan should ultimately determine a path to normalized statehood through a plebiscite under the supervision of the international community.

The Role of National Courts in Applying International Humanitarian Law

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Publisher : OUP Oxford
ISBN 13 : 0191508624
Total Pages : 936 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Role of National Courts in Applying International Humanitarian Law by : Sharon Weill

Download or read book The Role of National Courts in Applying International Humanitarian Law written by Sharon Weill and published by OUP Oxford. This book was released on 2014-03-06 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is increasingly applied in domestic courts. This can result in situations where the courts are being asked to rule on politically sensitive issues, especially issues which involve actions during armed conflicts. Domestic courts do not show a uniformity of approach in addressing cases concerning international humanitarian law, and can often be seen to differ markedly in their response. The book argues that different national courts demonstrate different functional roles in different countries. These can be situated on a scale from apology to utopia, which can be set out as follows: (1) the apologist role of courts, in which they serve as a legitimating agency of the state's actions; (2) the avoiding role of courts, in which they, for policy considerations, avoid exercising jurisdiction over a case; (3) The deferral role of courts, in which courts defer back to the other branches of the government the responsibility of finding an appropriate remedy (4) the normative application role of courts, in which they apply international humanitarian law as required by the rule of law; and (5) the utopian role of courts, in which they introduce moral judgments in favour of the protection of the individual, beyond the requirements of the law. The book investigates the rulings of five key domestic courts, those of the UK, the USA, Canada, Italy, and Israel, to understand how their approaches differ, and where their practice can be placed on the methological scale. This analysis has been assisted by the author's extensive field work, notably in Israel and in the Occupied Palestinian Territories. Providing a detailed understanding each court's function, the book offers a critical analysis of the courts' rulings, in which both the legal arguments and the political context of cases they have ruled on are examined. The book shows that the functional role of the national courts is a combination of contradictions and mixed attitudes, and that national courts are in the process of defining their own role as enforcing organs of international humanitarian law.

Theory of International Law

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Publisher : Wildy, Simmonds & Hill Publishing
ISBN 13 :
Total Pages : 604 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Theory of International Law by : Grigoriĭ Ivanovich Tunkin

Download or read book Theory of International Law written by Grigoriĭ Ivanovich Tunkin and published by Wildy, Simmonds & Hill Publishing. This book was released on 2003 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book survives as the most influential Soviet contribution to international legal theory for the second half of the twentieth century and now appears as the author wished it to be in a country unconstrained by censorship and Party policies of the day.

The Accountability of Armed Groups under Human Rights Law

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Publisher : Oxford University Press
ISBN 13 : 0192536079
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Accountability of Armed Groups under Human Rights Law by : Katharine Fortin

Download or read book The Accountability of Armed Groups under Human Rights Law written by Katharine Fortin and published by Oxford University Press. This book was released on 2017-08-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

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Publisher : BRILL
ISBN 13 : 9004364404
Total Pages : 401 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Incorporating Indigenous Rights in the International Regime on Biodiversity Protection by : Federica Cittadino

Download or read book Incorporating Indigenous Rights in the International Regime on Biodiversity Protection written by Federica Cittadino and published by BRILL. This book was released on 2019-08-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.

Looking to the Future

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004173617
Total Pages : 1119 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Looking to the Future by : Mahnoush H. Arsanjani

Download or read book Looking to the Future written by Mahnoush H. Arsanjani and published by Martinus Nijhoff Publishers. This book was released on 2010-10-25 with total page 1119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.

War Crimes Tribunals and Transitional Justice

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Publisher : Routledge
ISBN 13 : 113409132X
Total Pages : 228 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis War Crimes Tribunals and Transitional Justice by : Madoka Futamura

Download or read book War Crimes Tribunals and Transitional Justice written by Madoka Futamura and published by Routledge. This book was released on 2007-10-11 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically re-examines the validity of theNuremberg legacy as the universal model by analyzing the Tokyo Trial, the other International Military Tribunal established after the Second World War, and its impact on post-war Japan.

Transnational Terrorism and State Accountability

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782250387
Total Pages : 250 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Transnational Terrorism and State Accountability by : Vincent-Joël Proulx

Download or read book Transnational Terrorism and State Accountability written by Vincent-Joël Proulx and published by Bloomsbury Publishing. This book was released on 2012-11-05 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.

Oliver Wendell Holmes Jr., Pragmatism and Neuroscience

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Publisher : Springer
ISBN 13 : 3030231003
Total Pages : 355 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Oliver Wendell Holmes Jr., Pragmatism and Neuroscience by : Jay Schulkin

Download or read book Oliver Wendell Holmes Jr., Pragmatism and Neuroscience written by Jay Schulkin and published by Springer. This book was released on 2019-08-17 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the cultures of philosophy and the law as they interact with neuroscience and biology, through the perspective of American jurist Oliver Wendell Holmes’ Jr., and the pragmatist tradition of John Dewey. Schulkin proposes that human problem solving and the law are tied to a naturalistic, realistic and an anthropological understanding of the human condition. The situated character of legal reasoning, given its complexity, like reasoning in neuroscience, can be notoriously fallible. Legal and scientific reasoning is to be understood within a broader context in order to emphasize both the continuity and the porous relationship between the two. Some facts of neuroscience fit easily into discussions of human experience and the law. However, it is important not to oversell neuroscience: a meeting of law and neuroscience is unlikely to prove persuasive in the courtroom any time soon. Nevertheless, as knowledge of neuroscience becomes more reliable and more easily accepted by both the larger legislative community and in the wider public, through which neuroscience filters into epistemic and judicial reliability, the two will ultimately find themselves in front of a judge. A pragmatist view of neuroscience will aid and underlie these events.

Sex Trafficking of Children Online

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Publisher : Rowman & Littlefield
ISBN 13 : 1538146959
Total Pages : 295 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis Sex Trafficking of Children Online by : Beatriz Susana Uitts

Download or read book Sex Trafficking of Children Online written by Beatriz Susana Uitts and published by Rowman & Littlefield. This book was released on 2022-07-20 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses child sex trafficking in the era of digital technology. As a global problem, human trafficking frequently victimizes the most vulnerable: children. Offenders often use the Internet as a vehicle for criminal activities, including acts to sexually exploit them. With Internet access growing exponentially, more children are online every day, increasing their risk of becoming involved in sexual exploitation or being treated as a commodity. Inconsistent law among countries and the lack of adequate cooperation across borders make combating this issue increasingly difficult. Using a human rights approach, this book offers alternative solutions and recommendations, including establishing a legal protection framework to fight practices that sexually exploit children in cyberspace. In addition, it promotes multi-stakeholder collaboration in the context of corporate social responsibility to prevent and combat these offenses. This book explores the intersection of children’s human rights, online sex trafficking, and international legislation. It provides helpful insights for lawmakers, legal practitioners, scholars, law enforcement officers, child advocates, and students interested in human rights law, criminal law, and child protection.