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The Reality of International Law

The Reality of International Law Author Ian Brownlie
ISBN-10 UOM:39015047529758
Release 1999
Pages 592
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Professor Ian Brownlie, CBE, OC, FBA, DCL retired from the Chichele Chair of Public International Law at the University of Oxford, a post that he has held since 1980. Before that he taught at Oxford, Nottingham, and the London School of Economics. He is widely recognized as one of the leadinginternational lawyers of our time, and as well known and appreciated as much for his seminal publications and teaching over the years, as for his work as a practitioner. To express their gratitude for his supervision and support, a number of his present and former students from Oxford and London (many now prominent in academic life, foreign affairs, and practice), have written this collection of essays in honour of their former teacher. The collection is a verypersonal one reflecting the close and warm relationship between teacher and students and results in a wide-ranging overview of the subjects supervised by Professor Brownlie during more than forty years as an academic teacher. The collection takes its title, The Reality of International Law, from an appreciation of Professor Brownlie's personal contribution to the development of the subject. His commitment to international law as a system for the regulation of affairs between states has long been characterized by astrong sense of ideals, political and human, but also by an awareness, duly transmitted to his students, and of what law is in practice, of what is achievable, and of what remains to be done.

International Law on Peacekeeping

International Law on Peacekeeping Author Hitoshi Nasu
ISBN-10 9789004172265
Release 2009-01
Pages 322
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It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Councila (TM)s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation

The International Law on Foreign Investment

The International Law on Foreign Investment Author M. Sornarajah
ISBN-10 9780521763271
Release 2010-05-06
Pages 524
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This book is a thought-provoking and authoritative text on this fast moving field of international law.

International Law in the Middle East

International Law in the Middle East Author Jean Allain
ISBN-10 9781351926775
Release 2017-10-24
Pages 376
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Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.

Complicity in International Law

Complicity in International Law Author Miles Jackson
ISBN-10 9780191056758
Release 2015-03-12
Pages 272
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This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.

Teaching International Law

Teaching International Law Author Ellen Hey
ISBN-10 9041120149
Release 2003-01-01
Pages 25
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In this booklet, the text of which formed the basis for a lecture held upon the acceptance of the Chair of Public International Law at the Erasmus University Rotterdam, the author explores the role of state-consent in normative development at the international level during times of globalization. She makes the point that increasingly state-consent is understood as consent to a process of normative development, the outcome of which is unknown at the time when consent is given. Understanding state-consent in this manner, however, results in questions arising with respect to the legitimacy of international decision-making processes. These questions address transparency and accountability in international decision-making and are related to the changing character of the international legal system, which increasingly besides regulating the interests that states share also seeks to regulate the common-interest of the international community.

The Resurgence of the State

The Resurgence of the State Author Myriam Dunn Cavelty
ISBN-10 0754649474
Release 2007
Pages 165
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Do information and communication technologies networks really lead to a weakening of the nation-state? This volume revisits the 'retreat of the state' thesis and tests its validity in the 21st century. It will intrigue the reader with expert-level analysis, providing historical context and conceptualizing trends and social dynamics.

Deference in International Courts and Tribunals

Deference in International Courts and Tribunals Author Lukasz Gruszczynski
ISBN-10 9780191026508
Release 2014-10-09
Pages 400
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International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

The Genocide Convention

The Genocide Convention Author John Quigley
ISBN-10 9781409493075
Release 2013-01-28
Pages 320
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The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

Human Rights

Human Rights Author Christian Tomuschat
ISBN-10 9780191506697
Release 2014-09-25
Pages 512
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This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

Philip C Jessup International Law Moot Court Competition

Philip C  Jessup International Law Moot Court Competition Author Philip Caryl Jessup
ISBN-10 STANFORD:36105063681485
Release 1996
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A Compilation of the Problems, Judges' Briefs, Rules andleading written Memorials which comprise the Philip C.Jessup International Law Moot Court Competition.To be issued annually.

Public international law

Public international law Author Peter Macalister-Smith
ISBN-10 3830511493
Release 2006
Pages 736
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Public international law has been writing in one form or another for most of life. You can find so many inspiration from Public international law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Public international law book for free.

Collected courses of the Hague Academy of International Law

Collected courses of the Hague Academy of International Law Author
ISBN-10 STANFORD:36105060763831
Release 2001
Pages 438
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Collected courses of the Hague Academy of International Law has been writing in one form or another for most of life. You can find so many inspiration from Collected courses of the Hague Academy of International Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Collected courses of the Hague Academy of International Law book for free.

Yearbook of Islamic and Middle Eastern Law

Yearbook of Islamic and Middle Eastern Law Author
ISBN-10 STANFORD:36105064155596
Release 2004
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Yearbook of Islamic and Middle Eastern Law has been writing in one form or another for most of life. You can find so many inspiration from Yearbook of Islamic and Middle Eastern Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Yearbook of Islamic and Middle Eastern Law book for free.

Changing international law to meet new challenges

Changing international law to meet new challenges Author Andreas Laursen
ISBN-10 STANFORD:36105063838671
Release 2006
Pages 331
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The international rules governing the use of force in international relations have been under pressure in recent years. They have on several occasions been challenged by states' practice, be it through actual acts (for example, in the case of Kosovo 1999, Afghanistan 2001, and Iraq 2003) or in statements (such as the 2002 US National Security Strategy). A fundamental question concerns how international law reacts to such challenges. Does is disintegrate or does it adapt to the new circumstances? This book focuses on the intersection of two central and challenging issues in international law. The first concerns the ways in which such normative frameworks change, evolve, or are modified in international law. The second concerns the extent to which the basic norms governing the use of force against terrorists have changed significantly since the attacks on New York and Washington DC in 2001. The book examines the relationship between a treaty and subsequent challenging claims and acts by states. It is found that practice subsequent to a treaty may be central to the interpretation of the treaty or may in fact cause an informal modification of the treaty. In addition, the exact operation of subsequent practice is identified. A number of incidents involving the use of force against terrorists are described. These examples of state practice and the reactions are then analyzed in order to determine their effect on international law, in particular in the areas requiring state involvement, the definition of an armed attack, the issues of necessity and proportionality, and the state of necessity excuse. This book is the author's Ph.D. thesis that was submitted and defended at the European University Institute in Florence, Italy.

International Law

International Law Author Donald K. Anton
ISBN-10 UOM:39015062557270
Release 2005
Pages 995
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International Law Cases and Materials fills the gap in current international law casebooks by introducing students to all relevant international materials together with materials most relevant to Australian international lawyers. While international in scope, the text provides a sustained focus on Australias place in the international community and Australian perspectives on international legal affairs. Relevant Asian regional perspectives and approaches are also canvassed. The book begins with an introduction to the basic legal concepts and actors in the international legal system. These include international institutions, the criteria for statehood, the principles concerning acquisition of state territory, and the impact of recognition of states and governments. The sources of international law are discussed as these form the basis from which the rules and principles of international law are drawn, as are the rules of state responsibility pursuant to which violations of international law are attributed to states. Two further areas - the law of treaties and the relationship between international and domestic law - are then examined in separate chapters. Finally, several substantive areas of law, namely the use of force, international environmental law, the protection of human rights, the law of the sea and international trade law are explored. This book takes a more integrated approach to international law than other texts. The authors have taken the best from both international and Australian writings to complement the primary materials that are included in the text. The extensive use of contextual material and clear and concise commentary, linked together by critical analysis, case studies, notes and problems, provokes thought and discussion and provides a solid basis for an understanding of international law.

The Comprehensive Guide to International Law

The Comprehensive Guide to International Law Author Marc Cogen
ISBN-10 STANFORD:36105134522296
Release 2008
Pages 534
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The Comprehensive Guide to International Law has been writing in one form or another for most of life. You can find so many inspiration from The Comprehensive Guide to International Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Comprehensive Guide to International Law book for free.