States Undermining International Law

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States Undermining International Law

Author : Deepak Mawar
Publisher :
ISBN 13 : 9783030647902
Total Pages : 0 pages
Book Rating : 4.6/5 (479 download)

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Book Synopsis States Undermining International Law by : Deepak Mawar

Download or read book States Undermining International Law written by Deepak Mawar and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the history of international law to reveal the significant role utopianism has played in developing the international legal system. In fact, when pinpointing the legal system's most accelerated phases of development, it becomes increasingly apparent how integral utopianism has been in dealing with the international community's most troubled periods such as the World Wars. However, States have on numerous occasions undermined utopianism, leading to situations where individuals and communities have been vulnerable to modes of oppression such as war or repressive regimes. Thus, by examining the League of Nations and United Nations, this book seeks to show why utopianism continues to be a vital ingredient when the international community is seeking to ensure its loftiest and most ambitious goals such as maintaining international peace and security, and why for the sake of such utopian aspirations, the primary position States enjoy in international law requires reassessment. Deepak Mawar is a Visiting Lecturer at King's College London, UK, specializing in the fields of international legal history, legal & political theory and global governance.

States Undermining International Law

Author : Deepak Mawar
Publisher : Springer Nature
ISBN 13 : 3030647897
Total Pages : 246 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis States Undermining International Law by : Deepak Mawar

Download or read book States Undermining International Law written by Deepak Mawar and published by Springer Nature. This book was released on 2021-01-20 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the history of international law to reveal the significant role utopianism has played in developing the international legal system. In fact, when pinpointing the legal system’s most accelerated phases of development, it becomes increasingly apparent how integral utopianism has been in dealing with the international community’s most troubled periods such as the World Wars. However, States have on numerous occasions undermined utopianism, leading to situations where individuals and communities have been vulnerable to modes of oppression such as war or repressive regimes. Thus, by examining the League of Nations and United Nations, this book seeks to show why utopianism continues to be a vital ingredient when the international community is seeking to ensure its loftiest and most ambitious goals such as maintaining international peace and security, and why for the sake of such utopian aspirations, the primary position States enjoy in international law requires reassessment.

State Territory and International Law

Author : Josephat Ezenwajiaku
Publisher : Routledge
ISBN 13 : 1000073483
Total Pages : 205 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis State Territory and International Law by : Josephat Ezenwajiaku

Download or read book State Territory and International Law written by Josephat Ezenwajiaku and published by Routledge. This book was released on 2020-05-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although wars between States have decreased, the maintenance of international peace and security remains a mirage, as shown by the increase in intra- and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of the threat, or the use, of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggest that the article is a flexible and live instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.

Does state behavior contrary to a rule of customary international law undermine the existence of that rule?

Author : Ogochukwu C. Nweke
Publisher : GRIN Verlag
ISBN 13 : 3346336972
Total Pages : 19 pages
Book Rating : 4.3/5 (463 download)

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Book Synopsis Does state behavior contrary to a rule of customary international law undermine the existence of that rule? by : Ogochukwu C. Nweke

Download or read book Does state behavior contrary to a rule of customary international law undermine the existence of that rule? written by Ogochukwu C. Nweke and published by GRIN Verlag. This book was released on 2021-01-28 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2020 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: The purpose of this essay is to assess the impact of the behaviour of a State, which contrary to a rule of customary international law, on the existence of rule of customary international law, in terms of whether it undermines the existence of that rule or strengthens it. To be able to do this, it is expedient that the following issues are addressed: What is Customary International Law? What are rules of customary international law? Contrary state behavior. Customary International Law is one of the major sources of International law and is described in Article 38(1)(b) of the Statute of the International Court of Justice, 1946, as "general practice accepted as law." According to the Legal Information Institute of the Cornell Law School, "Customary international law refers to international obligations arising from established international practices, as opposed to obligations arising from formal written conventions and treaties. Customary international law results from a general and consistent practice of states that they follow from a sense of legal obligation." It was also defined by Judge Read in Fisheries (UK v Norway) (1951), as the generalization of the practice of States.

Legalization of International Law and Politics

Author : Henry (Chip) Carey
Publisher : Palgrave Macmillan
ISBN 13 : 9783031171680
Total Pages : 0 pages
Book Rating : 4.1/5 (716 download)

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Book Synopsis Legalization of International Law and Politics by : Henry (Chip) Carey

Download or read book Legalization of International Law and Politics written by Henry (Chip) Carey and published by Palgrave Macmillan. This book was released on 2022-12-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.

How to Do Things with International Law

Author : Ian Hurd
Publisher : Princeton University Press
ISBN 13 : 0691196508
Total Pages : 200 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis How to Do Things with International Law by : Ian Hurd

Download or read book How to Do Things with International Law written by Ian Hurd and published by Princeton University Press. This book was released on 2019-08-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

United States Hegemony and the Foundations of International Law

Author : Michael Byers
Publisher : Cambridge University Press
ISBN 13 : 1139436635
Total Pages : 551 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis United States Hegemony and the Foundations of International Law by : Michael Byers

Download or read book United States Hegemony and the Foundations of International Law written by Michael Byers and published by Cambridge University Press. This book was released on 2003-05-29 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.

United Nations Protection of Humanity and Its Habitat

Author : Bertrand G. Ramcharan
Publisher : BRILL
ISBN 13 : 9004303146
Total Pages : 300 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis United Nations Protection of Humanity and Its Habitat by : Bertrand G. Ramcharan

Download or read book United Nations Protection of Humanity and Its Habitat written by Bertrand G. Ramcharan and published by BRILL. This book was released on 2016-08-11 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.

Optimal Protection of International Law

Author : Joost Pauwelyn
Publisher : Cambridge University Press
ISBN 13 : 9781107406926
Total Pages : 0 pages
Book Rating : 4.4/5 (69 download)

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Book Synopsis Optimal Protection of International Law by : Joost Pauwelyn

Download or read book Optimal Protection of International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2012-08-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assume, for a moment, that the necessary tools are available to induce or even force states to comply with international law. In such a state of affairs, how strongly should international law be protected? More specifically, how easy should it be to change international law? Should treaties be specifically performed or should states be given an opportunity to 'pay their way out'? In the event of states violating their commitments, what kind of back-up enforcement or sanctions should be imposed? Joost Pauwelyn uses the distinction between liability rules, property protection and inalienable entitlements as a starting point for a new theory of variable protection of international law, placed at the intersection between 'European absolutism' and 'American voluntarism'. Rather than undermining international law, variable protection takes the normativity of international law seriously and calibrates it to achieve maximum welfare and effectiveness at the lowest cost to contractual freedom and legitimacy.

Akehurst's Modern Introduction to International Law

Author : Peter Malanczuk
Publisher : Routledge
ISBN 13 : 1134833881
Total Pages : 472 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Akehurst's Modern Introduction to International Law by : Peter Malanczuk

Download or read book Akehurst's Modern Introduction to International Law written by Peter Malanczuk and published by Routledge. This book was released on 2002-04-12 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

The Law of Nations

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

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Book Synopsis The Law of Nations by : Emer de Vattel

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

Jurisdiction in International Law

Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
ISBN 13 : 0199688516
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert

Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by Oxford University Press, USA. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

The Limits of International Law

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

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

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

Sovereignty Or Submission

Author : John Fonte
Publisher : Encounter Books
ISBN 13 : 1594035296
Total Pages : 476 pages
Book Rating : 4.5/5 (94 download)

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Book Synopsis Sovereignty Or Submission by : John Fonte

Download or read book Sovereignty Or Submission written by John Fonte and published by Encounter Books. This book was released on 2011 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court claims authority over Americans for actions that the United States does not define as “crimes.” In short, the Twenty-First Century is witnessing an epic struggle between the forces of global governance and American constitutional democracy. Transnational progressives and transnational pragmatists in the UN, EU, post-modern states of Europe, NGOs, corporations, prominent foundations, and most importantly, in America’s leading elites, seek to establish “global governance.” Further, they understand that in order to achieve global governance, American sovereignty must be subordinated to the “global rule of law.” The U.S. Constitution must incorporate “evolving norms of international law.”Sovereignty or Submissionexamines this process with crystalline clarity and alerts the American public to the danger ahead. Global governance seeks legitimacy not in democracy, but in a partisan interpretation of human rights. It would shift power from democracies (U.S., Israel, India) to post-democratic authorities, such as the judges of the International Criminal Court. Global governance is a new political form (a rival to liberal democracy), that is already a significant actor on the world stage. America faces serious challenges from radical Islam and a rising China. Simultaneously, it faces a third challenge (global governance) that is internal to the democratic world; is non-violent; but nonetheless threatens constitutional self-government. Although it seems unlikely that the utopian goals of the globalists could be fully achieved, if they continue to obtain a wide spread influence over mainstream elite opinion, they could disable and disarm democratic self-government at home and abroad. The result would be the slow suicide of American liberal democracy. Whichever side prevails, the existential conflict'global governance versus American sovereignty (and democratic self-government in general) will be at the heart of world politics as far as the eye can see.

Emerging Powers and the World Trading System

Author : Gregory Shaffer
Publisher : Cambridge University Press
ISBN 13 : 1108495192
Total Pages : 345 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Emerging Powers and the World Trading System by : Gregory Shaffer

Download or read book Emerging Powers and the World Trading System written by Gregory Shaffer and published by Cambridge University Press. This book was released on 2021-07-22 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.

The New Sovereignty

Author : Abram Chayes
Publisher : Harvard University Press
ISBN 13 : 9780674617834
Total Pages : 440 pages
Book Rating : 4.6/5 (178 download)

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Book Synopsis The New Sovereignty by : Abram Chayes

Download or read book The New Sovereignty written by Abram Chayes and published by Harvard University Press. This book was released on 1998-10-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.

Legitimacy and Legality in International Law

Author : Jutta Brunnée
Publisher : Cambridge University Press
ISBN 13 : 1139491474
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legitimacy and Legality in International Law by : Jutta Brunnée

Download or read book Legitimacy and Legality in International Law written by Jutta Brunnée and published by Cambridge University Press. This book was released on 2010-08-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.