The Position Of The Individual In International Law According To Grotius And Vattel

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The Position of the Individual in International Law according to Grotius and Vattel

Author : Peter Pavel Remec
Publisher : Springer Science & Business Media
ISBN 13 : 9401510156
Total Pages : 269 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis The Position of the Individual in International Law according to Grotius and Vattel by : Peter Pavel Remec

Download or read book The Position of the Individual in International Law according to Grotius and Vattel written by Peter Pavel Remec and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to democratic theory the state is for man not man for the state. This theory has been implemented by bills of rights in many national constitutions giving the individual a legal opportunity to redress abuses by his state. In Federal Consti tutions, however, difficulties have been faced when central au thority seeks to enforce the standards of the constitution against the legislation and customs of the constituent states. The latter habitually resist, proclaiming the virtues of horne rule and local self-govemment, also supported by democratic theory. Thus the opposition of man versus the state develops into a double op position of man versus the state and the state versus the super state. To what extent should the super-state take the part of man demanding respect for human rights, or of the state demand ing self-govemment, when the two conflict? The failure to solve this problem precipitated the American Civil War and continues to agitate American politics. Should the human right of equal educational opportunities prevail over the "State's Right" of autonomy in the organization of its schools? The same problem appears in more virulent form in the efforts of the United Nations to "promote respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion" without "intervening in matters which are essentially within the domestic jurisdiction of any state.

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:

Individual Responsibility in International Law for Serious Human Rights Violations

Author : Lyal S. Sunga
Publisher : BRILL
ISBN 13 : 9004479848
Total Pages : 252 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Individual Responsibility in International Law for Serious Human Rights Violations by : Lyal S. Sunga

Download or read book Individual Responsibility in International Law for Serious Human Rights Violations written by Lyal S. Sunga and published by BRILL. This book was released on 2021-09-27 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.

Rights and Civilizations

Author : Gustavo Gozzi
Publisher : Cambridge University Press
ISBN 13 : 1108474233
Total Pages : 409 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Rights and Civilizations by : Gustavo Gozzi

Download or read book Rights and Civilizations written by Gustavo Gozzi and published by Cambridge University Press. This book was released on 2019-02-14 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illustrates the origin and ways of Western hegemony over other civilizations across the world.

The Individual in International Law

Author :
Publisher : Oxford University Press
ISBN 13 : 0198898940
Total Pages : 449 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Individual in International Law by :

Download or read book The Individual in International Law written by and published by Oxford University Press. This book was released on 2024-03-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

The Grotian Theology of International Law

Author : Christoph A. Stumpf
Publisher : Walter de Gruyter
ISBN 13 : 3110886162
Total Pages : 273 pages
Book Rating : 4.1/5 (18 download)

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Book Synopsis The Grotian Theology of International Law by : Christoph A. Stumpf

Download or read book The Grotian Theology of International Law written by Christoph A. Stumpf and published by Walter de Gruyter. This book was released on 2012-02-13 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Christoph Stumpf investigates theological influences upon the legal theory of Hugo Grotius (1583-1645), who is regarded by many as the "father of modern international law". The author analyses how Grotius has contributed to the transformation and further development of international law from its roots in Christian theology to a trans-religious law of nations. From the theological substance in Grotius' views on international relations the author concludes that Grotius' legal theory can be perceived as a theological system of international law.

Chapters on the Principles of International Law

Author : John Westlake
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Chapters on the Principles of International Law by : John Westlake

Download or read book Chapters on the Principles of International Law written by John Westlake and published by . This book was released on 1894 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Concepts and Contexts of Vattel's Political and Legal Thought

Author : Peter Schröder
Publisher : Cambridge University Press
ISBN 13 : 1108489443
Total Pages : 343 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Concepts and Contexts of Vattel's Political and Legal Thought by : Peter Schröder

Download or read book Concepts and Contexts of Vattel's Political and Legal Thought written by Peter Schröder and published by Cambridge University Press. This book was released on 2021-06-24 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how Vattel used the natural law tradition to frame a pragmatic and treaty-oriented model of the law of nations.

Brierly's Law of Nations

Author : Andrew Clapham
Publisher : OUP Oxford
ISBN 13 : 0191632678
Total Pages : 433 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Brierly's Law of Nations by : Andrew Clapham

Download or read book Brierly's Law of Nations written by Andrew Clapham and published by OUP Oxford. This book was released on 2012-08-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.

The Principles of Natural Law

Author : Jean Jacques Burlamaqui
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis The Principles of Natural Law by : Jean Jacques Burlamaqui

Download or read book The Principles of Natural Law written by Jean Jacques Burlamaqui and published by . This book was released on 1748 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Interpretation in International Law

Author : Andrea Bianchi
Publisher :
ISBN 13 : 0198725744
Total Pages : 433 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Interpretation in International Law by : Andrea Bianchi

Download or read book Interpretation in International Law written by Andrea Bianchi and published by . This book was released on 2015 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Before Anarchy

Author : Theodore Christov
Publisher : Cambridge University Press
ISBN 13 : 1107114535
Total Pages : 307 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Before Anarchy by : Theodore Christov

Download or read book Before Anarchy written by Theodore Christov and published by Cambridge University Press. This book was released on 2015 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the twentieth-century 'Hobbesian anarchy', Before Anarchy reconsiders the originality and reception of Hobbes's interpersonal and international state of nature.

Divided Sovereignty

Author : Carmen E. Pavel
Publisher : Oxford University Press, USA
ISBN 13 : 0199376344
Total Pages : 241 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Divided Sovereignty by : Carmen E. Pavel

Download or read book Divided Sovereignty written by Carmen E. Pavel and published by Oxford University Press, USA. This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities.

The International Law on Foreign Investment

Author : M. Sornarajah
Publisher : Cambridge University Press
ISBN 13 : 9780521545563
Total Pages : 562 pages
Book Rating : 4.5/5 (455 download)

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Book Synopsis The International Law on Foreign Investment by : M. Sornarajah

Download or read book The International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2004-08-26 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Sornarajah's book, available for the first time in paperback, surveys the international law developed to protect foreign investment by multinational corporations. The area has always been one of controversy due to the different political and economic conflicts that exist in the field. The book assesses the role of multinational corporations in making foreign investments, and considers the ways in which misconduct on the part of such corporations in host states could be controlled. Sornarajah focuses on the protection of foreign investment and the problems associated with such protection. He explores treaty-based methods, and examines several bilateral and regional investment treaties. The failure to agree on a multilateral treaty system and the inability to incorporate a discipline on investment within the WTO are also considered. He takes account not only of the law, but also of the relevant literature in economics, political science and other associated disciplines.

Cornelius van Bynkershoek: His Role in the History of International Law

Author : Kinji Akashi
Publisher : BRILL
ISBN 13 : 9004635319
Total Pages : 213 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Cornelius van Bynkershoek: His Role in the History of International Law by : Kinji Akashi

Download or read book Cornelius van Bynkershoek: His Role in the History of International Law written by Kinji Akashi and published by BRILL. This book was released on 2024-01-15 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: In offering a critical analysis of the writings of Cornelius van Bynkershoek (1673-1743) - the eminent Dutch jurist known traditionally as a `positivist', in the history of international law - this work goes beyond an analysis of the `classics' per se to clarify some basic questions concerning the history of international law, such as the relationship between legal doctrine and state practice and the reconsideration of methodological differences among historical figures like Grotius, Pufendorf, and Vattel. It also covers some fundamental problems of international law generally, such as the meaning of positivism and positive law and the function of reason. The work comprises three main parts: - the construction of Van Bynkershoek's general theory of the law of nations, - an overview and analysis of the contemporary practice relevant to his theories on the laws of neutral commerce, and - the 'genealogy' of Van Bynkershoek's works, namely his relation to Grotius and to his later generations of publicists. Scholars and others interested in the past and future direction of international law as a whole will not want to miss this highly original offering.

The Individual in the International Legal System

Author : Kate Parlett
Publisher : Cambridge University Press
ISBN 13 : 1139499971
Total Pages : 463 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Individual in the International Legal System by : Kate Parlett

Download or read book The Individual in the International Legal System written by Kate Parlett and published by Cambridge University Press. This book was released on 2011-04-14 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654590
Total Pages : 1233 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.