International Agreements Between Non State Actors As A Source Of International Law
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International Agreements Between Non State Actors As A Source Of International Law
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Author : Melissa Loja
language : en
Publisher:
Release Date : 2022
International Agreements Between Non State Actors As A Source Of International Law written by Melissa Loja and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Conflict of laws categories.
"This book examines whether international agreements between non-state actors can be identified as a source of international law using objective criteria. It asks whether, beyond Article 38 of the Statute of the International Court of Justice, there is a system of rules, processes, beliefs or semantics by which these agreements can be objectively identified as a source of international law. Departing from the more usual state-centric analysis, it adopts postmodern legal positivism as its analytical tool. This allows for the reality that international law-making takes place in subjective social landscapes. To test the effectiveness of this approach, it is applied to agreements between petroleum agencies and corporations which allow two or more states to exploit disputed resources across boundaries looking in particular at arrangements involving China, Vietnam and the Philippines. By so doing it illustrates an alternative way that states can manage disputes, without having to resort to conflict. It will appeal to both scholars and practitioners of public international law, as well as civil servants."--
International Organisations Non State Actors And The Formation Of Customary International Law
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Author : Jean D'Aspremont
language : en
Publisher: Melland Schill Perspectives on
Release Date : 2020-12-07
International Organisations Non State Actors And The Formation Of Customary International Law written by Jean D'Aspremont and has been published by Melland Schill Perspectives on this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-07 with Law categories.
This collection of essays provides a comprehensive study of the theory and practice on the contribution of international organisations and non-state actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researcher in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making. This volume includes a contribution by Michael Wood, the Special Rapporteur of the International Law Commission on the identification of customary international law, a contribution by Iris Müller, legal advisor of the International Committee of the Red Cross, as well as chapters from some of the most authoritative and established experts on the sources of international law.
The Sources Of International Law
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Author : Hugh Thirlway
language : en
Publisher: Oxford University Press
Release Date : 2019-04-03
The Sources Of International Law written by Hugh Thirlway 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 2019-04-03 with Law categories.
This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.
The Sources Of International Law
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Author : Hugh Thirlway
language : en
Publisher: Oxford University Press
Release Date : 2014-02
The Sources Of International Law written by Hugh Thirlway 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 2014-02 with Law categories.
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Non State Actors In International Law
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Author : Math Noortmann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-08-27
Non State Actors In International Law written by Math Noortmann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.
Principles Of International Law
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Author : John Balouziyeh, Esq.
language : en
Publisher: Vandeplas Publishing
Release Date : 2016-06-17
Principles Of International Law written by John Balouziyeh, Esq. and has been published by Vandeplas Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-17 with Law categories.
This book offers law students and practitioners alike a clear and concise overview of public international law. It introduces the reader to the sources and history of international law while examining the institutions that create, interpret, and enforce the law, with special attention given to the International Court of Justice and its jurisprudence. The main branches of international law, along with the major treaties and customs governing them, are explained. The chapters take the reader through a step-by-step exposition of the following topics: - States and governments in the international order - International humanitarian law (the law of armed conflict) - International criminal law - Human rights and related topics - State responsibility and immunities from jurisdiction - International environmental law - The law of the sea, air, and space - International economic and trade law The procedures implemented in resolving international disputes are similarly examined. The book's lucid writing style and user-friendly format guarantee its accessibility to lawyers and non-lawyers alike. It will similarly be useful to students as a companion to any international law casebook or compendium of primary source documents.
Non State Actors And International Obligations
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Author : James Summers
language : en
Publisher: BRILL
Release Date : 2018-10-11
Non State Actors And International Obligations written by James Summers and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-11 with Law categories.
This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.
Negotiating State And Non State Law
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Author : Michael A. Helfand
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-02
Negotiating State And Non State Law written by Michael A. Helfand 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 2015-07-02 with Law categories.
Addresses the relationship between the nation-state and non-state law, considering how they can coexist and transform each other.
Progress In International Law
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Author : Miller
language : en
Publisher: BRILL
Release Date : 2008-06-25
Progress In International Law written by Miller and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-25 with Law categories.
Progress in International Law is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book Progress in International Organization, Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. Progress in International Law critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.
International Human Rights Law Beyond State Territorial Control
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Author : Antal Berkes
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-17
International Human Rights Law Beyond State Territorial Control written by Antal Berkes 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 2021-06-17 with Law categories.
An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.