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International Law And Universality
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Book Synopsis Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 37, 2019 by :
Download or read book Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 37, 2019 written by and published by BRILL. This book was released on 2020-12-15 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 37 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2019.
Book Synopsis International Law between Universalism and Fragmentation by : Isabelle Buffard
Download or read book International Law between Universalism and Fragmentation written by Isabelle Buffard and published by BRILL. This book was released on 2009-02-28 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.
Book Synopsis International Law and Universality by :
Download or read book International Law and Universality written by and published by Oxford University Press. This book was released on 2024-04-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
Book Synopsis International Law and Universality by : Jean D'Aspremont
Download or read book International Law and Universality written by Jean D'Aspremont and published by Oxford University Press. This book was released on 2024-04-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
Book Synopsis Decolonising International Law by : Sundhya Pahuja
Download or read book Decolonising International Law written by Sundhya Pahuja and published by Cambridge University Press. This book was released on 2011-09-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.
Book Synopsis Universal Jurisdiction in International Criminal Law by : Aisling O'Sullivan
Download or read book Universal Jurisdiction in International Criminal Law written by Aisling O'Sullivan and published by Taylor & Francis. This book was released on 2017-02-03 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.
Book Synopsis Cultural Rights in International Law by : Elsa Stamatopoulou
Download or read book Cultural Rights in International Law written by Elsa Stamatopoulou and published by BRILL. This book was released on 2007 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.
Book Synopsis Universalising International Law by : C. G. Weeramantry
Download or read book Universalising International Law written by C. G. Weeramantry and published by Martinus Nijhoff Publishers. This book was released on 2004 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Universalising international law is one of the most urgent tasks awaiting those who wish to advance the discipline. Though all the world acknowledges its universal nature, it has long been confined in a largely monocultural mould. Indeed a tendency is sometimes discernible for international law to be compartmentalised and to function within a close cabinet of technical rules little known to those outside the ranks of specialists. This volume looks initially at some general aspects of universalisation. It thereafter adopts a universalist approach to some of the sources of international law and it deals with peace, the bedrock of international law, which likewise requires a universalist approach. It is hoped that these studies will highlight the imperative need that now exists for extending the conceptual framework of international law, thereby buttressing its moral authority and widening its appeal at a time when universal acceptance of international law is one of the most pressing demands of the international system.
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 Rescuing Human Rights by : Hurst Hannum
Download or read book Rescuing Human Rights written by Hurst Hannum and published by Cambridge University Press. This book was released on 2019-02-14 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on understanding human rights as they really are and their proper role in international affairs.
Book Synopsis The Universalism of Human Rights by : Rainer Arnold
Download or read book The Universalism of Human Rights written by Rainer Arnold and published by Springer Science & Business Media. This book was released on 2012-08-21 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.
Book Synopsis International Law and Development by : Paul J. I. M. de Waart
Download or read book International Law and Development written by Paul J. I. M. de Waart and published by Martinus Nijhoff Publishers. This book was released on 1988-07 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part 4 - Trade:.
Book Synopsis Crimes Against Humanity by : Nergis Canefe
Download or read book Crimes Against Humanity written by Nergis Canefe and published by University of Wales Press. This book was released on 2021-04-15 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.
Book Synopsis The Misery of International Law by : John Linarelli
Download or read book The Misery of International Law written by John Linarelli and published by Oxford University Press. This book was released on 2018 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.
Book Synopsis Piracy and the Origins of Universal Jurisdiction by : Mark Chadwick
Download or read book Piracy and the Origins of Universal Jurisdiction written by Mark Chadwick and published by BRILL. This book was released on 2019-01-03 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by Oxford University Press, USA. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Book Synopsis Universal Jurisdiction by : Stephen Macedo
Download or read book Universal Jurisdiction written by Stephen Macedo and published by University of Pennsylvania Press. This book was released on 2006-02-22 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.
