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International Law Between Universalism And Fragmentation


International Law Between Universalism And Fragmentation
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International Law Between Universalism And Fragmentation


International Law Between Universalism And Fragmentation
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Author : Isabelle Buffard
language : en
Publisher: BRILL
Release Date : 2009-02-28

International Law Between Universalism And Fragmentation written by Isabelle Buffard and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-28 with Law categories.


This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.



International Law And


International Law And
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Author : August Reinisch
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-03

International Law And written by August Reinisch and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.


The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and...', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways.



Evolving Principles Of International Law


Evolving Principles Of International Law
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Author : Eva Rieter
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012

Evolving Principles Of International Law written by Eva Rieter and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.


This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.



A Landscape Of Contemporary Theories Of International Law


A Landscape Of Contemporary Theories Of International Law
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Author : Emmanuel Roucounas
language : en
Publisher: BRILL
Release Date : 2019-09-16

A Landscape Of Contemporary Theories Of International Law written by Emmanuel Roucounas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-16 with Law categories.


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.



Theory Of Obligations In International Law


Theory Of Obligations In International Law
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Author : Cezary Mik
language : en
Publisher: Taylor & Francis
Release Date : 2024-05-07

Theory Of Obligations In International Law written by Cezary Mik and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-07 with Law categories.


Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.



The Principle Of Systemic Integration In International Law


The Principle Of Systemic Integration In International Law
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Author : Campbell McLachlan KC
language : en
Publisher: Oxford University Press
Release Date : 2024-07-09

The Principle Of Systemic Integration In International Law written by Campbell McLachlan KC 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 2024-07-09 with Law categories.


International law has greatly expanded in reach and density over the past few decades and its fragmented and decentralized nature is causing anxiety among those who need to resolve legal dilemmas in a system that lacks vertical hierarchy. Although the principle of systemic integration is embodied in Article 31(3)(c) of the Vienna Convention 1969, its operation and significance has not been fully assessed. The Principle of Systemic Integration in International Law fills this research gap by analysing the manner in which the principle has been applied in the judicial decisions of international courts and tribunals, together with the practice of states and international organizations in the framing of international instruments and their application. Building upon the framework he first pioneered in 2005 and the culmination of two decades of academic research and practical experience in international law, the author Campbell McLachlan KC closely examines legislative texts and cases to reflect on the principle's theoretical foundations and actual application in practice. The book argues that the principle of systemic integration contributes to an orderly framework within which conflicts between institutions and between legal norms may be addressed. It explores how disparate parts of international law are integrated in the development of bilateral and multilateral treaties and, finally, analyses the operation of the principle in international courts and tribunals. The reasoning and larger questions presented by the book will bring fresh insights to researchers and practitioners undertaking any international law project.



International Law And Its Discontents


International Law And Its Discontents
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Author : Barbara Stark
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-30

International Law And Its Discontents written by Barbara Stark 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 2015-04-30 with Law categories.


Brings together international law's most outspoken 'discontents' to expose international law's complicity in the ongoing economic and financial global crises.



Normative Plurality In International Law


Normative Plurality In International Law
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Author : Carlos Iván Fuentes
language : en
Publisher: Springer
Release Date : 2016-09-02

Normative Plurality In International Law written by Carlos Iván Fuentes and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-02 with Law categories.


This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.



Invitation To The Sociology Of International Law


Invitation To The Sociology Of International Law
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Author : Moshe Hirsch
language : en
Publisher: Oxford University Press
Release Date : 2015-11-05

Invitation To The Sociology Of International Law written by Moshe Hirsch 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 2015-11-05 with Law categories.


Invitation to the Sociology of International Law aims to cast light on the under-explored sociological dimension of international law. The book emphasizes that international legal rules are profoundly embedded in diverse social factors and processes, such as norms, identity, and collective memory. Thus, international law often reflects and affects societal factors and processes in state societies and in the international community. The book exposes some central tenets of the sociological perspective and its core theoretical approaches, and presents a sociological analysis of several significant topics in present-day international law. The volume surveys subjects such as compliance, international economic law, legal fragmentation, law-making, and the impartiality of adjudicators, and reveals that a sociological analysis of international law enriches our understanding of social factors involved in the formation, evolution, and implementation of the law. Such analysis may not only explain past and present trends in international law but also bears significant implications for the interpretation of existing legal provisions, as well as suggesting better legal mechanisms for coping with contemporary challenges. In light of the underlying interrelationships between international law and other social factors, this book invites international law specialists to analyse international legal rules in their wider social context and to incorporate sociological tools into mainstream international law scholarship.



The Oxford Handbook Of Jurisdiction In International Law


The Oxford Handbook Of Jurisdiction In International Law
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Author : Stephen Allen
language : en
Publisher:
Release Date : 2019

The Oxford Handbook Of Jurisdiction In International Law written by Stephen Allen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.


This Handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.