How International Law Works In Times Of Crisis
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How International Law Works In Times Of Crisis
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Author : George Ulrich
language : en
Publisher: Oxford University Press
Release Date : 2019-09-19
How International Law Works In Times Of Crisis written by George Ulrich and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-19 with Law categories.
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
Law In Times Of Crisis
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Author : Oren Gross
language : en
Publisher: Cambridge University Press
Release Date : 2006-10-30
Law In Times Of Crisis written by Oren Gross and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-10-30 with Political Science categories.
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Crisis Narratives In International Law
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Author : Makane Moïse Mbengue
language : en
Publisher: BRILL
Release Date : 2021-11-15
Crisis Narratives In International Law written by Makane Moïse Mbengue and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with Law categories.
This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.
Shaping Foreign Policy In Times Of Crisis
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Author : Michael P. Scharf
language : en
Publisher: Cambridge University Press
Release Date : 2010-01-11
Shaping Foreign Policy In Times Of Crisis written by Michael P. Scharf and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-11 with Law categories.
Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.
When International Law Works
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Author : Tai-Heng Cheng
language : en
Publisher: Oxford University Press
Release Date : 2012-02-16
When International Law Works written by Tai-Heng Cheng and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-16 with LAW categories.
This title addresses the current international law debates and transcends them. Responding to influential scholarly statements on international law, the author presents a new framework that decision-makers should consider when they confront an international problem implicating the often-competing policies and interests of their own communities & global order. Instead of advocating for or against international law as legitimate or binding, Cheng acknowledges its shortcomings while presenting a practical means of deciding whether compliance in a given circumstance is beneficial, moral, or necessary.
The Yugoslav Crisis In International Law
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Author : University of Cambridge. Research Centre for International Law
language : en
Publisher: Cambridge University Press
Release Date : 1997-07-28
The Yugoslav Crisis In International Law written by University of Cambridge. Research Centre for International Law and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-07-28 with History categories.
This book brings together for the first time a comprehensive documentary record of the crisis in the former Yugoslavia, tracing the responses both of the United Nations and regional organisations. Many of the documents reproduced are otherwise inaccessible. This volume contains all relevant UN Security Council Resolutions and Presidential Statements together with the records of the debates leading to their adoption; reports on the crisis compiled by the UN Secretary-General; and extracts from decisions and debates in the UN General Assembly. The efforts of regional organisations are reflected in general documents from, amongst others, the EC, NATO, the Western European Union, the Conference on Security and Cooperation in Europe, the Organisation of the Islamic Conference, and the Non-Aligned Movement.
Law In A Time Of Crisis
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Author : Jonathan Sumption
language : en
Publisher: Profile Books
Release Date : 2021-03-11
Law In A Time Of Crisis written by Jonathan Sumption and has been published by Profile Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-11 with Law categories.
'Thoughtful, stimulating and even entertaining ... Lord Sumption's opinion is always worth listening to, even - or especially - if one disagrees with it.' Daily Telegraph 'Time spent on Law in a Time of Crisis is time spent in the company of a brilliant mind considering interesting things' The Times Brexit, the independence referendum, the pandemic: the UK is a country in crisis. And, in crises, we turn to the law to set the boundaries of what the government can and should do. However, in a country with no written constitution, what sounds like a simple proposition is in fact anything but. Based on his 2019 Reith lectures, former Supreme Court Judge Jonathan Sumption asks: what are the limits of law in politics? Is not having a constitution a hindrance or help in times of crisis? From referenda to the rise of nationalisms, Law in a Time of Crisis exposes the uses and abuses of legal intervention in British crises - past, present, and potential.
Power Politics Law International Law And State Behaviour During International Crises
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Author : Radhika Withana
language : en
Publisher: BRILL
Release Date : 2008-09-17
Power Politics Law International Law And State Behaviour During International Crises written by Radhika Withana and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-17 with Law categories.
This volume addresses the question as to where international law fits into the making and implementation of foreign policy during an international crisis in which a State is considering and / or may actually use force. Empirical literature on the law-State behaviour relationship during international crises has not been able to answer this question adequately. The limitations of existing empirical literature are identified as stemming from the limitations of existing positivist, realist and functionalist theoretical explanations of the law-State behaviour relationship. These theoretical approaches, which underpin existing empirical literature on international crises, assume that international law matches what is referred to in this book as its ‘rule-book’ image. This is the notion of international law as a finite set of objective, politically neutral, rules that can be applied so as to distinguish objectively between legal and illegal action. The rule-book image of international law does not match reality, but the assumption that it is true underpins both theoretical literature and references to international law in political rhetoric. The rule-book image and the reality of international law have been reconciled within the theory of International law as Ideology (ILI) as developed by Shirley Scott. This book hypothesises that an ILI perspective offers a better explanation of the law-State behaviour relationship during international crises than rival explanations grounded in positivism, realism or functionalism. Four case studies of State behaviour—of the US, the Soviet Union and the PRC during the Korean War (1950-1953), of the US and UK during the Suez crisis (1956), of the US and the Soviet Union during the Cuban Missile Crisis (1962) and of the US and an alliance of Latin American States during the Dominican Republic crisis (1965)—are used to test the hypothesis. The findings confirm the greater explanatory efficacy of ILI and demonstrate that the significance of international law to foreign policy decision-making during international crises is more than that of deterring the use of force as is assumed by rival theoretical approaches grounded in a rule-book image of international law. International law is shown to serve as a vehicle for inter-State competition during international crises.
The European Union S External Action In Times Of Crisis
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Author : Piet Eeckhout
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-01
The European Union S External Action In Times Of Crisis written by Piet Eeckhout and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
The Lisbon Treaty modified the legal framework of EU external action and these innovations must be applied in a period of deep economic and financial crisis interacting with other more specific crises affecting the EU's external activities. This volume investigates the recent institutional and substantive developments in EU external relations law and practice in this context of multiple crises for the EU. The economic and financial crisis has a major impact on EU external action, but other crises too affect this sensitive area of the EU's activity and the book takes them into account. For instance, there is a crisis in the relationship between EU law and international law after the ECJ judgement in the Kadi case. In addition to exploring these questions, the volume also examines questions of legitimacy in fields such as foreign investment protection and arbitration. Representing the output of a powerful research team composed of leading scholars in the field this comprehensive collection will appeal to both an expert and non-expert readership.
When International Law Works
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Author : Tai-Heng Cheng
language : en
Publisher: Oxford University Press
Release Date : 2012-01-02
When International Law Works written by Tai-Heng Cheng and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-02 with Law categories.
In When International Law Works, Professor Tai-Heng Cheng transcends current debates about whether international law is really law by focusing on the reasons for complying with or deviating from international laws and other informal norms, whether or not they are 'law.' Cheng presents a new framework to guide decision makers when they confront an international problem that implicates the oftencompeting policies and interests of their own communities and global order. Instead of advocating for or against international law, Cheng acknowledges both its benefits and shortcomings in order to present practical ways to decide whether compliance in a given circumstance is beneficial, moral, or necessary, and to adjust international law to meet the contemporary challenges of global governance. In this manner, Cheng shows how it is possible for decision makers to take international law and its limitations seriously. To test his theory, Cheng provides detailed case studies from recent events, ranging from the current global economic crisis to jihadist terrorism. This wideranging research demonstrates how his proposal for approaching international law would work in a real crisis, and sets this book apart from scholarship that focuses only on theory or isolated fields of international law. Through a critical combination of theory and practice, When International Law Works gives policymakers, judges, arbitrators, scholars, and students practical and thought-provoking guidance on how to face new global problems. In doing so, this new book challenges readers to rethink the role of law in an increasingly crisis-driven world.