International Law In The Past Third Of A Century
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International Law In The Past Third Of A Century
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1979-03-09
International Law In The Past Third Of A Century 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 1979-03-09 with Law categories.
Time History And International Law
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Author : Matthew C. R. Craven
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2007
Time History And International Law written by Matthew C. R. Craven 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 2007 with Law categories.
This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
International Law For Humankind
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Author : Antônio Augusto Cançado Trindade
language : en
Publisher: BRILL
Release Date : 2020-03-17
International Law For Humankind written by Antônio Augusto Cançado Trindade and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-17 with Law categories.
Fully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.
The Development Of International Law
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Author : Sir Geoffrey Gilbert Butler
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2003
The Development Of International Law written by Sir Geoffrey Gilbert Butler and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
"Believing that changes in International Law have been ultimately an expression of changes in the state system of the world and in the practice of the nations, we have tried, as it were, to cut into the procession of history at fixed points, to select some central theme at each stage, and to treat it in the light of history and law. In this attempt we arrived at a division of history from our point of view into three major periods which we have termed respectively those of the Prince, of the Judge, and of the Concert. In the first period, the scholar is still in the age of the dissolving Holy Roman Empire; in the second, commercial and dynastic wars - above all, the long-drawn-out struggle between France and England - dominate the scene; in the third and last, it is the voice of some force other than that of pure nationalism which, whatever the reason, reasserts itself. No division of this kind can be wholly satisfactory, but it is our belief that under one or another of these headings almost every issue which has interest for the historian of the Law of Nations can be conveniently treated." -- from the Preface by the author.
The Changing World Of International Law In The Twenty First Century A Tribute To The Late Kenneth R Simmonds
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Author : K. Simmonds
language : en
Publisher: Springer
Release Date : 1998-07-15
The Changing World Of International Law In The Twenty First Century A Tribute To The Late Kenneth R Simmonds written by K. Simmonds and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-07-15 with Law categories.
The Changing Nature of International Law in the Twenty-First Century draws together contributions of leading international legal scholars respecting major themes of the future of international law in the new century. The papers have been collected in honour of the late Professor Kenneth R. Simmonds, former Director of the British Institute of International and Comparative Law and Professor of Law at Queen Mary and Westfield College, University of London. The book is divided into three parts: Public International Law, International Dispute Resolution, and European and Other Regional Integration, which constitute the important themes and currents in international law today and in the future. The sections also represent the areas that were of personal interest to Professor Simmonds and in which he was a leading contributor until his death. This book will be of prime interest to international legal scholars or legal practitioners interested in the specific themes addressed within the volume.
An Introduction To Contemporary International Law
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Author : Lung-chu Chen
language : en
Publisher: Oxford University Press
Release Date : 2014-12-31
An Introduction To Contemporary International Law written by Lung-chu Chen 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 2014-12-31 with Law categories.
An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.
The Third World And International Order
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Author : Antony Anghie
language : en
Publisher: BRILL
Release Date : 2021-07-26
The Third World And International Order written by Antony Anghie and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-26 with Law categories.
This collection of essays explores different dimensions of the relationship between the third world and international law. The topics covered include third world approaches to international law, non-state actors and developing countries, feminism and the third world, foreign investment, resistance and international law, and territorial disputes and native peoples. It is a further contribution to the work done by scholars intent on elaborating what might be termed Third World Approaches to International Law (TWAIL). This initiative seeks to continue and further develop the important work that has been done over many decades, particularly by scholars and jurists from the third world, to construct an international law which is sensitive to the needs of third world peoples. This body of scholarship has attempted to extend and expand the concerns and materials of international law. The essays in this volume are animated by these same motives at a time when unprecedented issues confront third world peoples, particularly since the contemporary international system appears to be disempowering third world peoples, intensifying inequality between the North and the South, and indeed, importantly, within the North and the South. TWAIL scholars attempt to look afresh at the history of colonial international law, engage previous trends in third world scholarship in international law, take cognizance of the dramatic changes which have characterized the body of international law in the last few decades from the perspective of third world peoples, record their resistance to unjust and oppressive international laws, and advance new approaches that address their needs and concerns. These are the broad themes and concerns which animate this collection of essays.
The Advancement Of International Law
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Author : Charles Leben
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-10-15
The Advancement Of International Law written by Charles Leben and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-15 with Law categories.
Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.
Theory Of International Law At The Threshold Of The 21st Century
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Author : Makarczyk
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-14
Theory Of International Law At The Threshold Of The 21st Century written by Makarczyk 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 2023-09-14 with Law categories.
Theory of International Law at the Threshold of the 21st Century is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.
International Law From Below
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Author : Balakrishnan Rajagopal
language : en
Publisher: Cambridge University Press
Release Date : 2003-11-06
International Law From Below written by Balakrishnan Rajagopal 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 2003-11-06 with Political Science categories.
The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.