Towards an International Law of Co-Progressiveness

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004138293
Total Pages : 321 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Towards an International Law of Co-Progressiveness by : Sienho Yee

Download or read book Towards an International Law of Co-Progressiveness written by Sienho Yee and published by Martinus Nijhoff Publishers. This book was released on 2004 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates. This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.

Towards an International Law of Co-progressiveness, Part II

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004289224
Total Pages : 398 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Towards an International Law of Co-progressiveness, Part II by : Sienho Yee

Download or read book Towards an International Law of Co-progressiveness, Part II written by Sienho Yee and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expanding upon the normative position of co-progressiveness elaborated in Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.

How to Do Things with International Law

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

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

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

Towards an International Law of Co-progressiveness

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Author :
Publisher : BRILL
ISBN 13 : 9047405269
Total Pages : 320 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Towards an International Law of Co-progressiveness by : Sienho Yee

Download or read book Towards an International Law of Co-progressiveness written by Sienho Yee and published by BRILL. This book was released on 2004-03-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates. This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.

A Landscape of Contemporary Theories of International Law

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Author :
Publisher : BRILL
ISBN 13 : 9004385363
Total Pages : 731 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis A Landscape of Contemporary Theories of International Law by : Emmanuel Roucounas

Download or read book A Landscape of Contemporary Theories of International Law written by Emmanuel Roucounas and published by BRILL. This book was released on 2019-09-16 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.

Progress in International Law

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Author :
Publisher : BRILL
ISBN 13 : 9004165711
Total Pages : 945 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Progress in International Law by : Russell A. Miller

Download or read book Progress in International Law written by Russell A. Miller and published by BRILL. This book was released on 2008 with total page 945 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.

Global Governance, Conflict and China

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Publisher : BRILL
ISBN 13 : 9004356495
Total Pages : 476 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Global Governance, Conflict and China by : Matthias Vanhullebusch

Download or read book Global Governance, Conflict and China written by Matthias Vanhullebusch and published by BRILL. This book was released on 2018-01-03 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Governance, Conflict and China sheds a unique perspective on China’s normative behaviour in the realm of collective security, peacekeeping, arms control, the war on terror and post-conflict justice. This analysis engages with an Asian epistemological framework whose relational thought borrows from the context – space and time alike – that informs China’s principle-driven conduct on the international plane. Through the lens of relational governance, this work develops a new theory on the relational normativity of international law (TORNIL) that identifies the interdependent sources that underpin China’s international legal argument, i.e. norms, values and relationships. Without a fertile soil in which those conflicting relationships between share- and stakeholders can be rebuilt, international laws governing (post-conflict) violence cannot restore and maintain peace, humanity and accountability.

Human Rights in Eastern Civilisations

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800883625
Total Pages : 320 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Human Rights in Eastern Civilisations by : Surya P. Subedi

Download or read book Human Rights in Eastern Civilisations written by Surya P. Subedi and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda. Rejecting the argument based on “Asian Values” that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions.

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:

The Shifting Allocation of Authority in International Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314368
Total Pages : 446 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Shifting Allocation of Authority in International Law by : Tomer Broude

Download or read book The Shifting Allocation of Authority in International Law written by Tomer Broude and published by Bloomsbury Publishing. This book was released on 2008-06-13 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity. This volume will be of great interest to scholars and practitioners of international law alike.

International Legal Argument in the Permanent Court of International Justice

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Publisher : Cambridge University Press
ISBN 13 : 1139442686
Total Pages : 539 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Legal Argument in the Permanent Court of International Justice by : Ole Spiermann

Download or read book International Legal Argument in the Permanent Court of International Justice written by Ole Spiermann and published by Cambridge University Press. This book was released on 2005-01-06 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.

Belt And Road Initiative, The: Implications For The International Order

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Publisher : World Scientific
ISBN 13 : 981123857X
Total Pages : 525 pages
Book Rating : 4.8/5 (112 download)

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Book Synopsis Belt And Road Initiative, The: Implications For The International Order by : Moritz Rudolf

Download or read book Belt And Road Initiative, The: Implications For The International Order written by Moritz Rudolf and published by World Scientific. This book was released on 2021-09-14 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book showcases how the People's Republic of China (PRC) has been utilizing the Belt and Road Initiative (BRI) to reshape the global order. Dissecting China's increasingly assertive international behaviour, the book demonstrates how the PRC projects its self-perception onto the international order. The book outlines five aspects of China's international role projection, which the PRC applies selectively, depending on its target audience: (1) The bearer of traditional Chinese culture; (2) The humiliated nation; (3) The socialist state with Chinese characteristics; (4) The developing state and promoter of international development; (5) The authoritarian globalization optimist.Drawing on an in-depth analysis of hundreds of primary BRI documents, the book offers a comprehensive overview of China's most crucial foreign policy agenda item. It demonstrates how, through the BRI, the PRC has introduced mechanisms to the international level, which reflect its domestic policy-making mode. In addition, the PRC has institutionalized the initiative by establishing China-centered BRI networks across a wide range of policy areas. Within those emerging China-centered BRI networks, the PRC systematically increases its international discursive power, for example, by inserting Chinese vocabulary into UN resolutions or by promoting Beijing's approaches vis-à-vis 'the rule of law' across a range of developing states. This book also further discusses the implications of the BRI for the international legal order.

The Transformation of Occupied Territory in International Law

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Publisher : BRILL
ISBN 13 : 9004227881
Total Pages : 569 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Transformation of Occupied Territory in International Law by : Andrea Carcano

Download or read book The Transformation of Occupied Territory in International Law written by Andrea Carcano and published by BRILL. This book was released on 2015-09-29 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council. A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts. "With this thorough and thought provoking study, Andrea Carcano has put us all in his debt." From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.

Theories of International Responsibility Law

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Publisher : Cambridge University Press
ISBN 13 : 1009208535
Total Pages : 371 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Theories of International Responsibility Law by : Samantha Besson

Download or read book Theories of International Responsibility Law written by Samantha Besson and published by Cambridge University Press. This book was released on 2022-09-08 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dialogue between international responsibility lawyers and legal philosophers laying the groundwork for new research and legal reform.

Dictionary of Public International Law

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Publisher : Rowman & Littlefield
ISBN 13 : 153811125X
Total Pages : 701 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis Dictionary of Public International Law by : Curtis F.J. Doebbler

Download or read book Dictionary of Public International Law written by Curtis F.J. Doebbler and published by Rowman & Littlefield. This book was released on 2018-03-19 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: Significant use has been made of the jurisprudence of the International Court of Justice because it is the principle judicial organ of the world's most universal international organization, the United Nations. Moreover, article 103 of the Charter of the United Nations makes the obligations in this treaty superior any other treaty obligations into which States may enter. The Dictionary of Public International Law contains a chronology, an introduction, glossary of Foreign Terms, tables of Treaties and Cases, an extensive bibliography, and an index. The dictionary section has over 400 cross-referenced entries on significant persons, important treaties and conventions, organizations and tribunals, and important cases and issues they have dealt with. This book is an excellent resource for students, researchers, and anyone wanting to know more about international law.

Making Human Dignity Central to International Human Rights Law

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Publisher : University of Wales Press
ISBN 13 : 1786834650
Total Pages : 266 pages
Book Rating : 4.7/5 (868 download)

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Book Synopsis Making Human Dignity Central to International Human Rights Law by : Matthew McManus

Download or read book Making Human Dignity Central to International Human Rights Law written by Matthew McManus and published by University of Wales Press. This book was released on 2019-09-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been an explosion of writing on the topic of human dignity across a plethora of different academic disciplines. Despite this explosion of interest, there is one group – critical legal scholars – that has devoted little if any attention to human dignity. This book argues that these scholars should attend to human dignity, a concept rich enough to support a whole range of progressive ambitions, particularly in the field of international law. It synthesizes certain liberal arguments about the good of self-authorship with the critical legal philosophy of Roberto Unger and the capabilities approach to agency of Amartya Sen, to formulate a unique conception of human dignity. The author argues how human dignity flows from an individual’s capacity for self-authorship as defined by the set of expressive capabilities s/he possesses, and the book demonstrates how this conception can enrich our understanding of international human rights law by making the amplification of human dignity its fundamental orientation.

The International Rule of Law

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Publisher :
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 . This book was released on 2019 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.