The International Rule of Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198843607
Total Pages : 401 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The International Rule of Law by : Heike Krieger

Download or read book The International Rule of Law written by Heike Krieger and published by Oxford University Press, USA. This book was released on 2019-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.

United Nations Sanctions and the Rule of Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521141987
Total Pages : 574 pages
Book Rating : 4.1/5 (419 download)

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Book Synopsis United Nations Sanctions and the Rule of Law by : Jeremy Matam Farrall

Download or read book United Nations Sanctions and the Rule of Law written by Jeremy Matam Farrall and published by Cambridge University Press. This book was released on 2009-07-09 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.

The Rule of Law in the United Nations Security Council Decision-Making Process

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Author :
Publisher : Routledge
ISBN 13 : 1315413434
Total Pages : 221 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis The Rule of Law in the United Nations Security Council Decision-Making Process by : Sherif Elgebeily

Download or read book The Rule of Law in the United Nations Security Council Decision-Making Process written by Sherif Elgebeily and published by Routledge. This book was released on 2017-03-31 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council’s agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council’s decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.

The Rule of Law in International Affairs

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041110688
Total Pages : 264 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis The Rule of Law in International Affairs by : Ian Brownlie

Download or read book The Rule of Law in International Affairs written by Ian Brownlie and published by Martinus Nijhoff Publishers. This book was released on 1998-08-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.

Oppenheim's International Law: United Nations

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Publisher : Oxford University Press
ISBN 13 : 0192537199
Total Pages : 1642 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Oppenheim's International Law: United Nations by : Rosalyn Higgins

Download or read book Oppenheim's International Law: United Nations written by Rosalyn Higgins and published by Oxford University Press. This book was released on 2017-10-12 with total page 1642 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

The United Nations and the Rule of Law

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Publisher : Dobbs Ferry, N.Y. : Oceana Publications
ISBN 13 :
Total Pages : 266 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The United Nations and the Rule of Law by : John W. Halderman

Download or read book The United Nations and the Rule of Law written by John W. Halderman and published by Dobbs Ferry, N.Y. : Oceana Publications. This book was released on 1966 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Study of the legal aspects and powers of the UN - covers the quasi-legislative and judicial authority of the organisation through recommendations and collective measures, its function as the world court, and international law. Bibliography pp. 3 and 4.

The UN Security Council and International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108613640
Total Pages : 251 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The UN Security Council and International Law by : Michael Wood

Download or read book The UN Security Council and International Law written by Michael Wood and published by Cambridge University Press. This book was released on 2022-06-09 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Security Council and International Law explores the legal powers, limits and potential of the United Nations Security Council, offering a broadly positive (and positivist) account of the Council's work in practice. This book aims to answer questions such as 'when are Council decisions binding and on whom?', 'what legal constraints exist on Council decision making?' and 'how far is the Council bound by international law?'. Defining the controlling legal rules and differentiating between what the Council can do, as opposed to what it should do as a matter of policy, this book offers both a tool for assessment of the Council as well as realistic solutions to address its deficiencies, and, most importantly, evaluates its potential for maintaining international peace and security, to the benefit of us all.

The United Nations and International Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521586597
Total Pages : 510 pages
Book Rating : 4.5/5 (865 download)

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Book Synopsis The United Nations and International Law by : Christopher C. Joyner

Download or read book The United Nations and International Law written by Christopher C. Joyner and published by Cambridge University Press. This book was released on 1997-04-28 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides students and scholars with a text that examines, explains, and appraises contributions made by the United Nations to contemporary international law and the law-creating process. The authors consider how UN institutions have made the law, what law has been made, and the extent to which that law has been meaningfully accepted by and evidenced in contemporary state practice. The study first deals with processes and measures that cut across law-making, covering practical as well as conceptual aspects. Then the substantive law is addressed in terms of the different fields of activity that the United Nations has made subject to legal rules and processes. Some chapters cover prominent areas, such as human rights, use of force, and economic relations; others deal with topics which have not previously been examined with sufficient care, such as labor, the environment, refugees, and women. The book's final section deals with the internal law of the UN system itself - the international civil services and financial contributions.

The United Nations System

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Publisher : Lynne Rienner Publishers
ISBN 13 : 9781588260703
Total Pages : 352 pages
Book Rating : 4.2/5 (67 download)

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Book Synopsis The United Nations System by : Nigel D. White

Download or read book The United Nations System written by Nigel D. White and published by Lynne Rienner Publishers. This book was released on 2002 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the legal rather than political aspects of the United Nations, White (international organizations, U. of Nottingham) evaluates the goals, purposes, and values of the UN system, analyzes the institutional machinery created to fulfill those purposes, examines the implementation of the organization's goals, and comments on the UNOs effectiveness in the key areas of security, justice, human rights, the environment, and economic development. White intends this academic text to provide a useful basis from which to consider the long-term effects of recent dramatic world events, and the responses of the international community. Annotation copyrighted by Book News, Inc., Portland, OR

The Rule of Law in Retreat

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Publisher : Rowman & Littlefield
ISBN 13 : 1666911577
Total Pages : 403 pages
Book Rating : 4.6/5 (669 download)

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Book Synopsis The Rule of Law in Retreat by : Slawomir Redo

Download or read book The Rule of Law in Retreat written by Slawomir Redo and published by Rowman & Littlefield. This book was released on 2022-03-22 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade the Rule of Law developments in the world have become contentious; its idea, concept, and global implementation have met growing resistance, which may soon shift the global balance of power, prompting international crisis. This book offers insights into the globally relevant Rule-of-Law ramifications for human rights, constitutional law, and philosophy of law in the time of such considerable challenges to it. From this legal perspective, the contributors analyze the questions of independence of judiciary, liberal education, freedom of mass media; populism, and corruption. They discuss global civic education, enhanced social inclusion, violence prevention, restorative justice and other methods of civic participation that can create larger opportunities for freedom in a UN world and help overcome increased ideological division between global North and South.

United Nations Protection of Humanity and Its Habitat

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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.

Handbook on the Rule of Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786432447
Total Pages : 576 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Handbook on the Rule of Law by : Christopher May

Download or read book Handbook on the Rule of Law written by Christopher May and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.

United Nations Legal Order

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Publisher : Cambridge University Press
ISBN 13 : 9780521465229
Total Pages : 2082 pages
Book Rating : 4.4/5 (652 download)

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Book Synopsis United Nations Legal Order by : American Society of International Law

Download or read book United Nations Legal Order written by American Society of International Law and published by Cambridge University Press. This book was released on 1995 with total page 2082 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of these volumes is to examine, explain and appraise contributions made by the United Nations system to international law and the law-creating process. The work assesses the effect UN institutions have had on the law-making process, and the extent to which that law has been accepted by and evidenced in contemporary state practice. It is divided into three main parts. The first examines the practical as well as conceptual aspects of the UN system as a source of law. The second part deals with different fields of activity which have become the subjects of legal rules and processes. Areas covered include human rights, use of force and economic relations. In addition, topics that have not previously been examined in such a comprehensive manner, such as shipping, aviation, and private international law, are also discussed. The third part covers the internal law of the UN system - international civil services and financial contributions.

Law and Practice of the United Nations

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Publisher : Oxford University Press
ISBN 13 : 0190493259
Total Pages : 680 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Law and Practice of the United Nations by : Simon Chesterman

Download or read book Law and Practice of the United Nations written by Simon Chesterman and published by Oxford University Press. This book was released on 2016-03-01 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subject. This second edition addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. New features include hypothetical fact scenarios to test the understanding of concepts in each chapter. This edition contains expanded author commentary, while maintaining the focus on primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organizations. This work is ideal for courses on the United Nations or International Organizations, taught in both law and international relations programs.

Customary Justice and the Rule of Law in War-torn Societies

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Publisher : US Institute of Peace Press
ISBN 13 : 1601270666
Total Pages : 402 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Customary Justice and the Rule of Law in War-torn Societies by : Deborah Isser

Download or read book Customary Justice and the Rule of Law in War-torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

The Universal Declaration of Human Rights

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Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.:/5 (467 download)

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Book Synopsis The Universal Declaration of Human Rights by :

Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rule of Law Dynamics

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Publisher : Cambridge University Press
ISBN 13 : 1139510975
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Rule of Law Dynamics by : Michael Zurn

Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).