International Law In A Transcivilizational World
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International Law In A Transcivilizational World
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Author : Onuma Yasuaki
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-15
International Law In A Transcivilizational World written by Onuma Yasuaki 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 2017-02-15 with Law categories.
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
A Transcivilizational Perspective On International Law
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Author : Onuma Yasuaki
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2010-07-15
A Transcivilizational Perspective On International Law written by Onuma Yasuaki 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 2010-07-15 with Law categories.
The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.
International Law In A Transcivilizational World
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Author : Onuma Yasuaki
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-15
International Law In A Transcivilizational World written by Onuma Yasuaki 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 2017-02-15 with Law categories.
With the resurgence of Asian nations such as China, current West-centric international law is changing in the twenty-first century. There is a pressing need to address these changes within international legal studies and overcome potential conflicts between existing and emerging powers. This structural transformation also demands a change in understanding of existing ideas and institutions. This book explores a 'trans-civilizational' approach to international law, supplementing and modifying two other prevalent perspectives: international and transnational. By considering these three layered viewpoints, this book highlights the complex phenomena surrounding the history and development of international law. The author also considers how international law operates and functions within diverse forums such as diplomatic negotiation, international organizations, and domestic political processes. This book will appeal to international law scholars and students, as well as those interested in the rise of non-Western powers and its impact on the prevalent ideas and institutions of the world.
International Law And World Order
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Author : B. S. Chimni
language : en
Publisher:
Release Date : 1993
International Law And World Order written by B. S. Chimni and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with International law categories.
The Roots Of International Law Les Fondements Du Droit International
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Author :
language : fr
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-11-29
The Roots Of International Law Les Fondements Du Droit International written by 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 2013-11-29 with Law categories.
This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law.
Contextualising International Law In Northeast Asia
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Author : Asif H Qureshi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-09-20
Contextualising International Law In Northeast Asia written by Asif H Qureshi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-20 with Law categories.
Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.
Lis Pendens In International Litigation
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Author : Campbell McLachlan
language : fr
Publisher: BRILL
Release Date : 2009-07-15
Lis Pendens In International Litigation written by Campbell McLachlan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-15 with Law categories.
Also available as an e-book What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law.
The 1949 Geneva Conventions
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Author : Andrew Clapham
language : en
Publisher: Oxford University Press
Release Date : 2015-10-15
The 1949 Geneva Conventions written by Andrew Clapham 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 2015-10-15 with Law categories.
The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law. The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.
Towards World Constitutionalism
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Author : Ronald MacDonald
language : en
Publisher: Brill Nijhoff
Release Date : 2005
Towards World Constitutionalism written by Ronald MacDonald and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Constitutional law categories.
The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the need to set new priorities in the development of international law. To that end it seems timely to reconsider the case for strengthening the constitutional framework of norms and institutions that seemed to offer the promise of fulfillment in the second half of the 20th century. The post-Cold War euphoria of the 1990s has virtually evaporated under the stress of new concerns at a time when states comprising the UN system are no longer capable of addressing these challenges. Towards World Constitutionalism argues the case for a more 'constitutionalized' system of international law and diplomacy. It is published at a time that the call for reform of the United Nations has become more insistent than at any time in its 60-year history. Even those most faithful to the purposes and principles enunciated in the Charter have had to admit to concerns about the management of certain sectors of the organization; and most concede the unrepresentative character of the powerful Security Council granted legal supremacy as the enforcer of international peace and security. Many go further and complain of unconscionable political bias in the General Assembly and in certain, over politicized, agencies. This collection of essays, by a selection of distinguished scholars representing various traditions of international law, constitutes a major contribution to this debate. It is an important resource for scholars and practitioners, and for all those concerned with the future of international law, and the world community.
Compendium Of Sustainable Energy Laws
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Author : Richard L. Ottinger
language : en
Publisher: Cambridge University Press
Release Date : 2005-04-11
Compendium Of Sustainable Energy Laws written by Richard L. Ottinger 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 2005-04-11 with Law categories.
This 2005 volume is a companion to The Law of Energy for Sustainable Development. Here the IUCN Academy of Environmental Law assembles a volume of legal instruments which can be recognized as constituting the core of the law of energy for sustainable development. This volume will be an essential reference for all those involved in environmental and energy research.