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Tracing Value Change In The International Legal Order
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Book Synopsis Tracing Value Change in the International Legal Order by : Heike Krieger
Download or read book Tracing Value Change in the International Legal Order written by Heike Krieger and published by Oxford University Press. This book was released on 2023-04-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.
Book Synopsis Due Diligence in the International Legal Order by : Heike Krieger
Download or read book Due Diligence in the International Legal Order written by Heike Krieger and published by Oxford University Press, USA. This book was released on 2021-02-03 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law. Looking at current tendancies towards proceduralisation and more proactive risk management, it reveals the promises and limits of due diligence as a concept for enhancing accountability and compliance.
Book Synopsis The International Legal Order by : Ingrid Detter Delupis
Download or read book The International Legal Order written by Ingrid Detter Delupis and published by Dartmouth Publishing Company. This book was released on 1994 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
Book Synopsis The Many Paths of Change in International Law by : Ezgi Yildiz
Download or read book The Many Paths of Change in International Law written by Ezgi Yildiz and published by Oxford University Press. This book was released on 2024-02-16 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. 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.
Book Synopsis The Authority of the International Committee of the Red Cross by : Linus Jannek Mührel
Download or read book The Authority of the International Committee of the Red Cross written by Linus Jannek Mührel and published by BRILL. This book was released on 2024-02-12 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conducts the first ever comprehensive study of the ICRC’s interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC’s authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL – and international law in general – develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.
Book Synopsis Arms Transfers to Non-State Actors by : Hannah Kiel
Download or read book Arms Transfers to Non-State Actors written by Hannah Kiel and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book analyses the issue of norm erosion in international law by examining arms transfers to non-state actors. Balancing empirical research with legal theory, the author dissects recent case studies, tracing individual changes in norms against a background of systemic transformation.
Book Synopsis Reimagining the International Legal Order by : Vesselin Popovski
Download or read book Reimagining the International Legal Order written by Vesselin Popovski and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Even legal scholars often do not dare to challenge the status quo, to suggest adopting new and even amending current laws, advocating just to focus on the implementation of what already exists. This collection stands different. It shares the authors' discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous re-imagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations"--
Book Synopsis Change and Stability in International Law-making by : Antonio Cassese
Download or read book Change and Stability in International Law-making written by Antonio Cassese and published by Walter de Gruyter. This book was released on 1988 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the proceedings of two international colloquia held at the European University Institute, Florence.
Book Synopsis The Functions of International Adjudication and International Environmental Litigation by : Joshua Paine
Download or read book The Functions of International Adjudication and International Environmental Litigation written by Joshua Paine and published by Cambridge University Press. This book was released on 2024-05-31 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
Book Synopsis The Environment in Global Sustainability Governance by : Lena Partzsch
Download or read book The Environment in Global Sustainability Governance written by Lena Partzsch and published by Policy Press. This book was released on 2023-11-23 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available Open Access digitally under CC-BY-NC-ND licence. With Agenda 2030, the UN adopted wide-ranging Sustainable Development Goals (SDGs) that integrate development and environmental agendas. This book focuses on the political tensions between the environmental objectives and socio-economic aspects of sustainable development. The collection provides an introduction to interlinkages, synergies and trade-offs between the ‘green’ and other goals, such as gender equality and economic growth. It also considers related goals on cities and partnerships as crucial for implementing environmentally sound sustainability. Identifying governance failures and responsibilities, it advocates for a shift towards cooperative economics and politics for the common good.
Download or read book Humanity's Law written by Ruti Teitel and published by Oxford University Press. This book was released on 2011-10-07 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.
Book Synopsis Is International Law International? by : Anthea Roberts
Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Book Synopsis The Law of Tracing in Commercial Transactions by : Magda Raczynska
Download or read book The Law of Tracing in Commercial Transactions written by Magda Raczynska and published by Oxford University Press, USA. This book was released on 2018-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. 0This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book is timely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.
Book Synopsis The Law of Tracing by : Lionel D. Smith
Download or read book The Law of Tracing written by Lionel D. Smith and published by Clarendon Press. This book was released on 1997-07-24 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
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:
Book Synopsis International Status in the Shadow of Empire by : Cait Storr
Download or read book International Status in the Shadow of Empire written by Cait Storr and published by Cambridge University Press. This book was released on 2020-09-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
Book Synopsis The Nature of International Law by : Miodrag A. Jovanović
Download or read book The Nature of International Law written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2019-04-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
