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Towards An International Law Of Co Progressiveness Part Ii
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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.
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.
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.
Book Synopsis State Interest and the Sources of International Law by : Markus P. Beham
Download or read book State Interest and the Sources of International Law written by Markus P. Beham and published by Routledge. This book was released on 2018-05-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.
Book Synopsis The Statute of the International Court of Justice by : Andreas Zimmermann
Download or read book The Statute of the International Court of Justice written by Andreas Zimmermann and published by Oxford University Press. This book was released on 2019-03-21 with total page 2680 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.
Book Synopsis United Nations Yearbook of the International Law Commission by : United Nations. International Law Commission
Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis E Pluribus Unum:Liber Amicorum Georges A.L. Droz - on the Progressive Unification of Private International Law by : Georges Droz
Download or read book E Pluribus Unum:Liber Amicorum Georges A.L. Droz - on the Progressive Unification of Private International Law written by Georges Droz and published by Kluwer Law International B.V.. This book was released on 1996-06-07 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unification of Private International Law is a goal to which all the contributors to this impressive volume have committed themselves, and one which seems increasingly to attract the attention of legal practitioners, researchers, writers and legislators. The essays give a unique overview of the current state of the law with respect to those areas which have been unified, or which are susceptible to unification. Insights are given into national as well as international practice, and theoretical aspects have not been neglected.
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.
Book Synopsis The International Law Commission by : Bertie G Ramcharan
Download or read book The International Law Commission written by Bertie G Ramcharan and published by Martinus Nijhoff Publishers. This book was released on 1977-07 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Treaty Interpretation by : Richard K. Gardiner
Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
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.
Book Synopsis The Protection of the Right to Education by International Law by : Klaus Dieter Beiter
Download or read book The Protection of the Right to Education by International Law written by Klaus Dieter Beiter and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: In view of the trend of demoting education from "human right" to "human need", this book seeks to affirm education as a "human right" and to describe the various state duties flowing from the right to education, by systematically analyzing article 13 of the International Covenant on Economic, Social and Cultural Rights.
Book Synopsis The International Law Commission 1949-1998: Volume Two: The Treaties Part Ii by : Arthur Watts
Download or read book The International Law Commission 1949-1998: Volume Two: The Treaties Part Ii written by Arthur Watts and published by Oxford University Press. This book was released on 1999 with total page 1412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains summaries of the Commission's work on various topics and any resulting treaty texts, with notes.
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 Principles of a New International Economic Order by : Jerzy Makarczyk
Download or read book Principles of a New International Economic Order written by Jerzy Makarczyk and published by Martinus Nijhoff Publishers. This book was released on 1988-08-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents.
Book Synopsis The Global Community Yearbook of International Law and Jurisprudence 2009 Volume I by : Giuliana Ziccardi Capaldo
Download or read book The Global Community Yearbook of International Law and Jurisprudence 2009 Volume I written by Giuliana Ziccardi Capaldo and published by . This book was released on 2010-10-22 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: a. The set generally: [Please note that the following description applies to both volumes in the 2009 Yearbook, not solely to Volume I]. The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook appears annually in two-volume editions of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first volume of each year''s edition always features expert articles by renowned scholars who address broader themes in international law, themes that appear throughout the case law of the many courts covered by the series as a whole. b. This particular edition (2009): This year''s edition of the Global Community Yearbook is restructured to update its format and to better respond to its objective. The change affects the section entitled Decisions of International Courts and Tribunals; all other sections will remain the same. This section, divided into twelve sub-Sections, presents annually the more significant international case law in the form of "legal maxims," systematically collected. The elaboration of legal maxims, extracted from the courts'' decisions, and their systematic classification makes this year''s edition of the Yearbook unique. International courts and tribunals have developed remarkably in recent years, and it is becoming increasingly difficult to follow the case law emanating from those jurisdictions without the help of an intermediary. The Yearbook and its unique changes fill this gap by serving as an intermediary between the case law and international scholars, practitioners, and students. In previous issues of the Yearbook, these legal maxims were prepared by referring both to the law and often extensively to the specific facts of the case. In the new format, the "legal maxims" will now distil the most important elements of judicial decisions and rely less heavily on the facts. The text of the legal maxims has been reduced to the minimum necessary for systematic classification, printing the website links for the case law. An introductory note on each international tribunal or court continues to be provided as a synopsis of their activity over the year. This reduction of the text of legal maxims better responds to the goals of the Yearbook to serve as a mediator and to provide complete coverage of case law from international courts and tribunals. c. Individual volumes: The first volume of the 2009 edition of Global Community Yearbook presents three categories of material wholly beneficial to any international law-researcher: International tribunals'' court opinions, excerpted with scholarly skill by General Editor Giuliana Ziccardi Capaldo; expert guidance on those cases in the form of commentary by globally recognized luminaries whom Ziccardi has chosen personally; and more broadly focused introductory essays by similarly prominent scholars whom Ziccardi has also selected for that purpose. In the introductory essays, those scholars take on the current, controversial topics of the case against criminalizing hate speech, the global importance of human rights for environmental protection, the evolution of international environmental law, and the politics of global powers. Those incisive and knowledgeable introductory articles help frame the debates currently raging in international law before this volume leads the reader on to expert commentary on the noteworthy cases from this past year''s dockets of the following tribunals: *The International Court of Justice *The WTO Dispute Resolution System *The International Criminal Court *International Criminal Tribunal for the Former Yugoslavia *International Criminal Tribunal for Rwanda Ziccardi has arranged the sections of this volume according to that list of tribunals, and she has included a short, targeted index for each of those sections, making any research in this volume efficient and fruitful. Volume 2: This second volume of the 2009 edition of Global Community Yearbook gives researchers an illuminating tour through the varied and dynamic law of regional and organizational courts. In the court opinion excerpts and expert commentary that fill this volume, researchers will find detailed guidance on a rich diversity of legal topics, from whether the European Court of Human Rights is effective as the centerpiece of the European human rights protection system to the jurisdictional challenges by respondent States under applicable investment agreements. On these questions and a host of others, this volume provides to students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. The courts covered by this particular volume are: *The Court of First Instance of the European Communities *The Court of Justice of the European Communities *The European Court of Human Rights *Inter-American Court of Human Rights *International Centre for the Settlement of Investment Disputes
