The Present and Future of Jus Cogens

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Publisher : Sapienza Università Editrice
ISBN 13 : 8898533659
Total Pages : 188 pages
Book Rating : 4.8/5 (985 download)

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Book Synopsis The Present and Future of Jus Cogens by : Enzo Cannizzaro

Download or read book The Present and Future of Jus Cogens written by Enzo Cannizzaro and published by Sapienza Università Editrice. This book was released on 2015-12-31 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers the contributions presented to the first edition of the Gaetano Morelli Lectures, held in the Spring of 2014 on “the Present and Future of Jus Cogens”. The first two Chapters reproduce the two general courses by Christian Tomuschat and by Pierre-Marie Dupuy. Two short Chapters, by Enzo Cannizzaro and by Beatrice Bonafé, address topics dealt with in the final seminar class.

Understanding Jus Cogens in International Law and International Legal Discourse

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439514
Total Pages : 285 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Understanding Jus Cogens in International Law and International Legal Discourse by : Ulf Linderfalk

Download or read book Understanding Jus Cogens in International Law and International Legal Discourse written by Ulf Linderfalk and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.

Peremptory Norms of General International Law (Jus Cogens)

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Author :
Publisher : BRILL
ISBN 13 : 9004464123
Total Pages : 806 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Peremptory Norms of General International Law (Jus Cogens) by : Dire Tladi

Download or read book Peremptory Norms of General International Law (Jus Cogens) written by Dire Tladi and published by BRILL. This book was released on 2021-08-16 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

Jus Cogens

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316299872
Total Pages : 555 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Jus Cogens by : Thomas Weatherall

Download or read book Jus Cogens written by Thomas Weatherall and published by Cambridge University Press. This book was released on 2015-07-16 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally state-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a state-based legal order, and values common to the international community as a whole.

The Fundamental Rules of the International Legal Order

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Publisher : BRILL
ISBN 13 : 9004149813
Total Pages : 483 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Fundamental Rules of the International Legal Order by : Christian Tomuschat

Download or read book The Fundamental Rules of the International Legal Order written by Christian Tomuschat and published by BRILL. This book was released on 2006 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

Customary International Law

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Publisher : Cambridge University Press
ISBN 13 : 052119136X
Total Pages : 441 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Customary International Law by : Brian D. Lepard

Download or read book Customary International Law written by Brian D. Lepard and published by Cambridge University Press. This book was released on 2010-01-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.

The Role of Ethics in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1139503677
Total Pages : 291 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Role of Ethics in International Law by : Donald Earl Childress, III

Download or read book The Role of Ethics in International Law written by Donald Earl Childress, III and published by Cambridge University Press. This book was released on 2011-11-14 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

Peremptory International Law - Jus Cogens

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782257268
Total Pages : 238 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Peremptory International Law - Jus Cogens by : Robert Kolb

Download or read book Peremptory International Law - Jus Cogens written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Kolb, one of the leading international scholars of his generation, offers a seminal survey of the question of peremptory international law. The author analyses and systemises different questions, such as: the typology of peremptory norms beyond the Vienna Convention on the Law of Treaties; here he distinguishes between 'public order' jus cogens and mere 'public utility' jus cogens. Furthermore, what about relative jus cogens, such as regional jus cogens norms or conventional jus cogens norms? What about some consequences of jus cogens breaches in the law of State responsibility: are they themselves jus cogens? Thus, can individual war reparations be renounced by lump-sum agreements? What happens if different jus cogens norms are in conflict? Is there a difference between the scope of jus cogens in inter-State relations and its scope for other subjects of law, such as the UN and its Security Council? Is jus cogens necessarily predicated on the concept of a hierarchy of norms? What is the exact extent of the peremptory nature of some rules? Sometimes, only the core of a principle is peremptory, while its normative periphery is not. Also, in the use of force, the peremptory character of the provision is compatible with agreements falling under the recognised exceptions, such as collective self-defence. These and other unusual questions are discussed in the present book.

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 2017-11-09 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?

Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism

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Author :
Publisher : BRILL
ISBN 13 : 9004391541
Total Pages : 302 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism by : Aniel Caro de Beer

Download or read book Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism written by Aniel Caro de Beer and published by BRILL. This book was released on 2019-02-19 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer evaluates the role of peremptory norms of international law or jus cogens in the fight against terrorism.

The Right to Life in International Law

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Publisher : BRILL
ISBN 13 : 9004482296
Total Pages : 383 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Right to Life in International Law by : Bertie G. Ramcharan

Download or read book The Right to Life in International Law written by Bertie G. Ramcharan and published by BRILL. This book was released on 2021-09-27 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law Beyond the State

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Publisher : Oxford University Press
ISBN 13 : 019754391X
Total Pages : 217 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Law Beyond the State by : Carmen E. Pavel

Download or read book Law Beyond the State written by Carmen E. Pavel and published by Oxford University Press. This book was released on 2021-03-30 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite growing skepticism about the value of international law and its compatibility with state sovereignty, states should improve and strengthen international law because it makes a critical contribution to an international order characterized by peace and justice. In recent years, international agreements and institutions have become particularly contentious. China is refusing to abide by the decision of an international arbitration decision implementing UNCLOS rules in the South China Sea, and Donald Trump has withdrawn the US from international agreements including the Paris Agreement on Climate Change of 2015. Such retreats expose widespread ambivalence towards cooperation through international law, and reverse the gains made by long-standing processes of legalization. In Law Beyond the State, Carmen Pavel responds to the ambivalent attitude states have with respect to international law by offering moral and legal reasons for them to improve, strengthen, and further institutionalize its capacity. She argues that the same reasons which support the development of law at the domestic level, namely the cultivation of peace, the protection of individual rights, the facilitation of complex forms of cooperation, and the resolution of collective action problems, also support the development of law at the international level. The argument thus engages in institutional moral reasoning. Pavel shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, Pavel shows that international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice. At a time when challenges of cooperation beyond state boundaries include climate change, health epidemics, and large-scale human rights violations, Law Beyond the State issues a powerful reminder of the tools we have to address them.

The Access of Individuals to International Justice

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Publisher : Oxford University Press
ISBN 13 : 0199580952
Total Pages : 267 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Access of Individuals to International Justice by : Antônio Augusto Cançado Trindade

Download or read book The Access of Individuals to International Justice written by Antônio Augusto Cançado Trindade and published by Oxford University Press. This book was released on 2011-08-25 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. --

The Statute of the International Court of Justice

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Publisher : Oxford University Press
ISBN 13 : 019254649X
Total Pages : 1920 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Statute of the International Court of Justice by : Andreas Zimmermann

Download or read book The Statute of the International Court of Justice written by Andreas Zimmermann and published by Oxford University Press. This book was released on 2019-03-21 with total page 1920 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.

The Art of Law in the International Community

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108426662
Total Pages : 331 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Art of Law in the International Community by : Mary Ellen O'Connell

Download or read book The Art of Law in the International Community written by Mary Ellen O'Connell and published by Cambridge University Press. This book was released on 2019-05-16 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.

The Philosophy of International Law

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Publisher : Oxford University Press
ISBN 13 : 0199208581
Total Pages : 626 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Philosophy of International Law by : Samantha Besson

Download or read book The Philosophy of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2010-04 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

The Thin Justice of International Law

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Author :
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.