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World Court Rules Against The United States In Lagrand Case Arising From A Violation Of The Vienna Convention On Consular Relations
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Book Synopsis The Law, Politics and Theory of Treaty Withdrawal by : Frederick Cowell
Download or read book The Law, Politics and Theory of Treaty Withdrawal written by Frederick Cowell and published by Bloomsbury Publishing. This book was released on 2023-11-16 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.
Book Synopsis The Unilateralist Temptation in American Foreign Policy by : David Skidmore
Download or read book The Unilateralist Temptation in American Foreign Policy written by David Skidmore and published by Routledge. This book was released on 2011-03-21 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pattern of multilateral engagement and unilateral retrenchment in American foreign policy from the Cold War through the Clinton, Bush, and Obama years presents a puzzle. What accounts for the unilateralist turn? Is it a passing aberration attributable to the neoconservative ideology of the Bush administration? What then of the disengagement evident earlier during Clinton’s presidency, or its continuation under Obama? Was the U.S. investment in multilateral institutions following World War II an anomaly? Or is the more recent retreat from international institutions the irregularity? Skidmore traces U.S. unilateralism to the structural effects of the end of the Cold War, both domestically and abroad, to argue that the United States was more hegemonic than multilateralist—a rule-maker, not a rule-taker. An "institutional bargain" existed under the Cold War threat from the Soviets, but absent those imperatives the United States has been less willing to provide collective goods through strong international institutions and other states are less willing to defer to U.S. exemptions. On the home front, the post-Cold War political environment has made it more difficult for presidents to resist the appeals of powerful interests who are threatened by multilateral commitments. This book demonstrates that American unilateralism has deeper roots and more resilience than many expect. The unilateral temptation can only be overcome through new political bargains domestically and internationally that permit multilateral engagement, even the absence of great power rivalry.
Book Synopsis The Oxford Handbook of United Nations Treaties by : Simon Chesterman
Download or read book The Oxford Handbook of United Nations Treaties written by Simon Chesterman and published by . This book was released on 2019 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together world experts on the United Nations and international law, to examine not only the content of that legal regime but how it has been transformed since the second half of the twentieth century.
Book Synopsis World Court Decisions at the Turn of the Millennium (1997-2001) by : Pieter H.F. Bekker
Download or read book World Court Decisions at the Turn of the Millennium (1997-2001) written by Pieter H.F. Bekker and published by BRILL. This book was released on 2021-10-25 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a full overview of the judicial activity of the International Court of Justice (ICJ) during the five-year period 1997 - 2001, following the format of a previous volume describing the decisions from 1987 - 1996. Each chapter opens with a summary of the judicial activity of the ICJ during a given year, using the General List of ICJ cases, pleadings filed, Orders, Judgements and Advisory Opinions issued and hearings held at the Peace Palace to describe the statistics on the docket of the ICJ. The sections in each chapter describe the facts of a particular case, the arguments of the parties involved and the decision of the ICJ, together with the commentary by the author, a former ICJ staff lawyer. The book includes a limited number of reprints from the American Journal of International Law, together with lots of new material.
Book Synopsis An Introduction to Contemporary International Law by : Lung-chu Chen
Download or read book An Introduction to Contemporary International Law written by Lung-chu Chen and published by Oxford University Press, USA. This book was released on 2015 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applies the New Haven School approach explaining discrete aspects of the global decision process and their effects on the content of international legal rules. Provides an in-depth treatment of the key features of the New Haven School of international law. References both classic historical examples and contemporary events to illustrate international legal processes and principles. Focuses on important trends in international law, including the movement from a state-centered system to a people-centered one. Contributes to the growth of a world community of human dignity through international law. -- Publishers website.
Book Synopsis Law Among Nations by : James Larry Taulbee
Download or read book Law Among Nations written by James Larry Taulbee and published by Routledge. This book was released on 2022-05-30 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field’s development and stressing key principles, processes, and landmark cases. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. The book has been updated in light of the continuing revolution in communication technology; the dense web of linkages between countries that involve individuals and bodies both formal and informal; and important and controversial areas such as human rights, the environment, and issues associated with the use of force. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law. New to the Twelfth Edition Added or expanded coverage of timely issues in international law: Drones and their use in the air and in space Outer space Cybercrime and responses The Julian Assange Case Environmental law Expanded discussion of space law Expanded discussion of conflict and non-state actors Final cases in the ICTY Thoroughly rewritten chapters on areas of great change: International Criminal Law Just War and War Crime Law International Economic Law (newly restored in response to reviews) International Environmental Law New cases, statutes, and treaties on many subjects
Book Synopsis The Role of Domestic Courts in Treaty Enforcement by : David Sloss
Download or read book The Role of Domestic Courts in Treaty Enforcement written by David Sloss and published by Cambridge University Press. This book was released on 2009-10-12 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.
Book Synopsis International Law in Domestic Courts by : André Nollkaemper
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Book Synopsis Provisional Measures before International Courts and Tribunals by : Cameron A. Miles
Download or read book Provisional Measures before International Courts and Tribunals written by Cameron A. Miles and published by Cambridge University Press. This book was released on 2017-01-26 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2 Dispute Settlement Under UNCLOS
Book Synopsis Constructive Interventions by : Lars Kirchhoff
Download or read book Constructive Interventions written by Lars Kirchhoff and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR--and particularly the recent development of mediated third party intervention from an 'art' to a veritable 'science'--must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world--where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest--and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: * illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method's critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and--in accordance with the changing parameters of international law--even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.
Book Synopsis Select Proceedings of the European Society of International Law, Volume 2, 2008 by : Hélène Ruiz Fabri
Download or read book Select Proceedings of the European Society of International Law, Volume 2, 2008 written by Hélène Ruiz Fabri and published by Bloomsbury Publishing. This book was released on 2010-06-30 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Third Biennial Conference organised by ESIL and the Max Planck Institute for Comparative Public Law and International Law in 2008. The conference was entitled 'International Law in a Heterogeneous World', reflecting an idea which is central to the ESIL philosophy. Heterogeneity is considered one of the pillars upon which Europe's contribution to international law is built and the subject was considered in a number of panels, including such diverse topics as migration, the history of international law, the rules on warfare and international environmental law.
Book Synopsis The Court and the World by : Stephen Breyer
Download or read book The Court and the World written by Stephen Breyer and published by Vintage. This book was released on 2015-09-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Book Synopsis International Humanitarian Law and International Human Rights Law by : Orna Ben-Naftali
Download or read book International Humanitarian Law and International Human Rights Law written by Orna Ben-Naftali and published by OUP Oxford. This book was released on 2011-01-13 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.
Book Synopsis Judge Shigeru Oda and the Path to Judicial Wisdom by : Edward McWhinney
Download or read book Judge Shigeru Oda and the Path to Judicial Wisdom written by Edward McWhinney and published by BRILL. This book was released on 2006-07-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume is the fourth in a series, The Judges, which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series was launched with the Judicial Opinions of Shigeru Oda, former Judge and Vice President of the International Court of Justice. This collection of Opinions covers the period from the year 1993 until his retirement in 2003. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. The study includes a résumé and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.
Book Synopsis Compliance with Decisions of the International Court of Justice by : Constanze Schulte
Download or read book Compliance with Decisions of the International Court of Justice written by Constanze Schulte and published by . This book was released on 2004 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations.
Book Synopsis The International Law Commission 1999-2009 by : Arthur Watts
Download or read book The International Law Commission 1999-2009 written by Arthur Watts and published by Oxford University Press. This book was released on 1999 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the work of the United Nations International Law Commission (ILC) during the period 1999-2009, brining up to date the three-volume series on the work of the Commission edited by Sir Arthur Watts. Each text is accompanied by an introduction, a concise description of the negotiation process and a carefully selected bibliography.
Book Synopsis The Law of International Human Rights Protection by : Walter Kälin
Download or read book The Law of International Human Rights Protection written by Walter Kälin and published by Oxford University Press, USA. This book was released on 2009 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are invoked on many occasions. But are they more than lofty values and abstract principles? This text shows how human rights create legal entitlements for those protected by them and impose obligations on those bound by them.
