The Limits Of International Law

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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.

The Limits of International Law

Author : Jack L. Goldsmith
Publisher : Oxford University Press
ISBN 13 : 019803766X
Total Pages : 271 pages
Book Rating : 4.1/5 (98 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 271 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.

The Limits of International Law

Author : Jack L. Goldsmith
Publisher : Oxford University Press
ISBN 13 : 0195314174
Total Pages : 271 pages
Book Rating : 4.1/5 (953 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 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Authors argue that,international law is less powerful and less significant than public officials, legal experts and the media. They contend that it is a product of states pursuing their interests on the international stage.

The Power and Purpose of International Law

Author : Mary Ellen O'Connell
Publisher : Oxford University Press
ISBN 13 : 9780199831029
Total Pages : 408 pages
Book Rating : 4.8/5 (31 download)

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Book Synopsis The Power and Purpose of International Law by : Mary Ellen O'Connell

Download or read book The Power and Purpose of International Law written by Mary Ellen O'Connell and published by Oxford University Press. This book was released on 2011-05-10 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

The United States and International Law

Author : Lucrecia García Iommi
Publisher : University of Michigan Press
ISBN 13 : 0472220276
Total Pages : 365 pages
Book Rating : 4.4/5 (722 download)

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Book Synopsis The United States and International Law by : Lucrecia García Iommi

Download or read book The United States and International Law written by Lucrecia García Iommi and published by University of Michigan Press. This book was released on 2022-07-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

The Cambridge Companion to International Law

Author : James Crawford
Publisher : Cambridge University Press
ISBN 13 : 0521190886
Total Pages : 485 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis The Cambridge Companion to International Law by : James Crawford

Download or read book The Cambridge Companion to International Law written by James Crawford and published by Cambridge University Press. This book was released on 2012-01-26 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.

The Epochs of International Law

Author : Wilhelm G. Grewe
Publisher : Walter de Gruyter
ISBN 13 : 3110902907
Total Pages : 804 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis The Epochs of International Law by : Wilhelm G. Grewe

Download or read book The Epochs of International Law written by Wilhelm G. Grewe and published by Walter de Gruyter. This book was released on 2013-02-06 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wilhelm G. Grewe's "Epochen der Völkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.

The Thin Justice of International Law

Author : Steven R. Ratner
Publisher : OUP Oxford
ISBN 13 : 0191009113
Total Pages : 500 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Thin Justice of International Law by : Steven R. Ratner

Download or read book The Thin Justice of International Law written by Steven R. Ratner and published by OUP Oxford. This book was released on 2015-01-15 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

The Limits of Human Rights

Author : Bardo Fassbender
Publisher : Oxford University Press
ISBN 13 : 0192558196
Total Pages : 417 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Limits of Human Rights by : Bardo Fassbender

Download or read book The Limits of Human Rights written by Bardo Fassbender and published by Oxford University Press. This book was released on 2019-11-21 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.

Time, History and International Law

Author : Matthew C. R. Craven
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004154817
Total Pages : 264 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Time, History and International Law by : Matthew C. R. Craven

Download or read book Time, History and International Law written by Matthew C. R. Craven and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.

The Influence of Human Rights on International Law

Author : Norman Weiß
Publisher : Springer
ISBN 13 : 3319120212
Total Pages : 248 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The Influence of Human Rights on International Law by : Norman Weiß

Download or read book The Influence of Human Rights on International Law written by Norman Weiß and published by Springer. This book was released on 2015-02-25 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.

The Law of International Lawyers

Author : Wouter Werner
Publisher : Cambridge University Press
ISBN 13 : 1108148395
Total Pages : 726 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Law of International Lawyers by : Wouter Werner

Download or read book The Law of International Lawyers written by Wouter Werner and published by Cambridge University Press. This book was released on 2017-03-30 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, Martti Koskenniemi has not just been an influential writer in international law; his work has caused a significant shift in the direction of the field. This book engages with some of the core questions that have animated Koskenniemi's scholarship so far. Its chapters attest to the breadth and depth of Koskenniemi's oeuvre and the different ways in which he has explored these questions. Koskenniemi's work is applied to a wide range of functional areas in international law and discussed in relation to an even broader range of theoretical perspectives, including history, political theory, sociology and international relations theory. These invaluable insights have been expertly brought together by the volume editors, who identify the key and common themes of many of the book's contributions. This volume demonstrates the importance of critical legal scholarship in the ways international law is enacted, shaped and reshaped over time.

Events: The Force of International Law

Author : Fleur Johns
Publisher : Routledge
ISBN 13 : 1136920293
Total Pages : 312 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Events: The Force of International Law by : Fleur Johns

Download or read book Events: The Force of International Law written by Fleur Johns and published by Routledge. This book was released on 2010-10-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.

The Assault on International Law

Author : Jens David Ohlin
Publisher : Oxford University Press, USA
ISBN 13 : 0199987408
Total Pages : 305 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Assault on International Law by : Jens David Ohlin

Download or read book The Assault on International Law written by Jens David Ohlin and published by Oxford University Press, USA. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why comply with international law when there is no world government to enforce it? Jens David Ohlin provides an alternate vision of international law based on a truly innovative theory of human rationality. Rationality requires that agents follow through on their plans even when faced with opportunities for defection.

New War Technologies and International Law

Author : Kobi Leins
Publisher : Cambridge University Press
ISBN 13 : 1108835244
Total Pages : 297 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis New War Technologies and International Law by : Kobi Leins

Download or read book New War Technologies and International Law written by Kobi Leins and published by Cambridge University Press. This book was released on 2022-02-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how existing international law limits the use of means of warfare utilising the properties of nanomaterials.

Facing the Limits of the Law

Author : Erik Claes
Publisher : Springer Science & Business Media
ISBN 13 : 3540798560
Total Pages : 540 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Facing the Limits of the Law by : Erik Claes

Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

The Sources of International Law

Author : Hugh Thirlway
Publisher : Oxford University Press
ISBN 13 : 0199685398
Total Pages : 262 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Sources of International Law by : Hugh Thirlway

Download or read book The Sources of International Law written by Hugh Thirlway and published by Oxford University Press. This book was released on 2014-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.