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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 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 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 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 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 Law by : Gleider Hernández
Download or read book International Law written by Gleider Hernández and published by Oxford University Press. This book was released on 2022 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law presents a comprehensive yet student-focused approach to the subject, providing a contemporary and stimulating account of international law. With critical coverage delivered through a wide range of learning features, students are encouraged to engage with legal debates and controversies. Digital formats and resources The second edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks There is also a wide range of online resources that support the book, including: - Author tutorial videos for each chapter - Discussion questions - Critical thinking frameworks - A glossary of international law terms - A history of international law timeline
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 OUP Oxford. This book was released on 2012-10-11 with total page 12329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice 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 second 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. Five years after the first edition was published, the second 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 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 three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.
Book Synopsis Judge Shigeru Oda and the Path to Judicial Wisdom by : Shigeru Oda
Download or read book Judge Shigeru Oda and the Path to Judicial Wisdom written by Shigeru Oda and published by BRILL. This book was released on 2006 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 "resume "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 The Development of Human Rights Law by the Judges of the International Court of Justice by : Shiv R.S. Bedi
Download or read book The Development of Human Rights Law by the Judges of the International Court of Justice written by Shiv R.S. Bedi and published by Bloomsbury Publishing. This book was released on 2007-01-18 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights.
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.
Book Synopsis The Rule of Law at the National and International Levels by : Machiko Kanetake
Download or read book The Rule of Law at the National and International Levels written by Machiko Kanetake and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
Book Synopsis The New United Nations by : John Allphin Moore, Jr.
Download or read book The New United Nations written by John Allphin Moore, Jr. and published by Routledge. This book was released on 2017-03-16 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a fresh look at challenges to the UN in Syria, Iran, Russia, and elsewhere, the second edition of this successful text highlights new international trends toward global governance, holistic democracy and human development, and progress on peacebuilding and counterterrorism. A comprehensive guide to the world body's institutions, procedures, policies, specialized agencies, historic personalities, initiatives, and involvement in world affairs, The New United Nations is organized thematically, blending both topical and chronological explanations making reference to current scholarly terms and theories. New to this edition: Fully updated chapters and a new Introduction, including discussion of the Paris Climate Change Agreement, Human Rights Council, and Peacebuilding Commission; New sections on Special Rapporteurs and Special Procedures, the theory and practice of neoliberalism, the UN’s endorsement of the "Responsibility to Protect," and Contact Groups; Unique special section on the student Model United Nations experience; Coverage of the UN’s fifteen-year assessment of the Millennium Development Goals and the consequent approval of the Sustainable Development Goals; and eResources with supportive materials and documents.
