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Enforcement Mechanisms And Their Effects On International Law
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Book Synopsis Beyond Human Rights by : Anne Peters
Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Book Synopsis International Law in a Transcivilizational World by : Onuma Yasuaki
Download or read book International Law in a Transcivilizational World written by Onuma Yasuaki and published by Cambridge University Press. This book was released on 2017-02-15 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
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 Enforcing Obligations Erga Omnes in International Law by : Christian J. Tams
Download or read book Enforcing Obligations Erga Omnes in International Law written by Christian J. Tams and published by Cambridge University Press. This book was released on 2005-12-01 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.
Book Synopsis The Limits of International Law by : Jack L. Goldsmith
Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Book Synopsis Fragmentation of International Law by : United Nations. International Law Commission
Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unilateral Sanctions in International Law by : Surya P. Subedi
Download or read book Unilateral Sanctions in International Law written by Surya P. Subedi and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.
Book Synopsis The Rational Design of International Institutions by : Barbara Koremenos
Download or read book The Rational Design of International Institutions written by Barbara Koremenos and published by Cambridge University Press. This book was released on 2003-12-08 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: International institutions vary widely in terms of key institutional features such as membership, scope, and flexibility. In this 2004 book, Barbara Koremenos, Charles Lipson, and Duncan Snidal argue that this is so because international actors are goal-seeking agents who make specific institutional design choices to solve the particular cooperation problems they face in different issue-areas. Using a Rational Design approach, they explore five features of institutions - membership, scope, centralization, control, and flexibility - and explain their variation in terms of four independent variables that characterize different cooperation problems: distribution, number of actors, enforcement, and uncertainty. The contributors to the volume then evaluate a set of conjectures in specific issue areas ranging from security organizations to trade structures to rules of war to international aviation. Alexander Wendt appraises the entire Rational Design model of evaluating international organizations and the authors respond in a conclusion that sets forth both the advantages and disadvantages of such an approach.
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.
Book Synopsis The Power and Purpose of International Law by : Mary Ellen O'Connell
Download or read book The Power and Purpose of International Law written by Mary Ellen O'Connell and published by Oxford University Press. This book was released on 2011-05-10 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.
Book Synopsis Enforcement mechanisms and their effects on international law by : Yasmeen Muyano
Download or read book Enforcement mechanisms and their effects on international law written by Yasmeen Muyano and published by GRIN Verlag. This book was released on 2019-06-26 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2019 in the subject Politics - Topic: Public International Law and Human Rights, grade: 2.50, University of Santo Tomas (Faculty of Arts and Letters), course: Legal Management, language: English, abstract: In this essay I will explore the status of enforcement mechanisms used in international law and their effect on the overall effectivity of the law, using, principles, treaties, major researches and related jurisprudence. Effectiveness of law refers to whether the law has changed a state’s behavior from what it would have been in the absence of the law. In order for a law to be effective, parties must agree to comply to it. For this reason, the international committee provides enforcement mechanisms, which are methods used to induce compliance and increase cooperation from international bodies. These enforcement mechanisms fulfil a state's immediate interests. However, despite using these enforcement mechanisms, the international committee currently faces non-compliance and the possible unenforceability of the International Court of Justice as one of the major problems encountered in international law. Why is non-compliance still a major problem in international law if enforcement mechanisms are already in use?
Book Synopsis Engaging Countries by : Edith Brown Weiss
Download or read book Engaging Countries written by Edith Brown Weiss and published by MIT Press. This book was released on 2000 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study systematically examines how states implement and comply with international environmental accords.
Book Synopsis How International Law Works by : Andrew T. Guzman
Download or read book How International Law Works written by Andrew T. Guzman and published by Oxford University Press. This book was released on 2010 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.
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 2016-08-01 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. Written by a seasoned scholar / practitioner of international law and the United Nations, who has served in key policy, peacemaking, peacekeeping and human rights positions in the United Nations, this book offers indispensable new vistas of international law and policy, and the future role of the United Nations.
Book Synopsis Modern Treaty Law and Practice by : Anthony Aust
Download or read book Modern Treaty Law and Practice written by Anthony Aust and published by Cambridge University Press. This book was released on 2007-10-18 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasing importance, there is also a new chapter on international organisations, including an attempt to explain the sometimes baffling roles in treaty-making played by the European Community and European Union. Students and practitioners alike will find this an invaluable guide to this increasingly important subject.
Book Synopsis The Prospects of Common Concern of Humankind in International Law by : Thomas Cottier
Download or read book The Prospects of Common Concern of Humankind in International Law written by Thomas Cottier and published by Cambridge University Press. This book was released on 2023-03-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.
Book Synopsis International Law and Justice by : John R. Rowan
Download or read book International Law and Justice written by John R. Rowan and published by . This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected from the papers presented at the twenty-third International Social Philosophy Conference held in July of 2006 at University of Victoria in Victoria, British Columbia --Preface.