Irresolvable Norm Conflicts In International Law
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Irresolvable Norm Conflicts In International Law
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Author : Valentin Jeutner
language : en
Publisher: Oxford University Press
Release Date : 2017-07-14
Irresolvable Norm Conflicts In International Law written by Valentin Jeutner 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 2017-07-14 with Law categories.
Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Legal Monism
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Author : Paul Gragl
language : en
Publisher: Oxford University Press
Release Date : 2018-03-23
Legal Monism written by Paul Gragl 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 2018-03-23 with Law categories.
In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.
Solving International Norm Conflicts
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Author : Birte Böök
language : en
Publisher: Hart Publishing
Release Date : 2024-04-04
Solving International Norm Conflicts written by Birte Böök and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-04 with Law categories.
This book provides a theoretical framework which clarifies how different types of international norm conflicts can be solved efficiently. By drawing on Robert Alexy's distinction between rules and principles, it develops a novel approach which helps better identify and conceptualise norm conflicts and their resolution. The book develops a unique method by which to identify norms of international law as rules and principles respectively. Using examples taken from different international legal regimes, such as international environmental law and international human rights law, it argues that it is indeed possible to distinguish between the two types of norms within the body of international law. It goes on to use this distinction to consider which tools are available at the international level to resolve conflicts involving either type of norm, highlighting their gaps and inefficiencies. Finally, it provides a new framework to be used for looking at international conflicts and provides several case studies which show that drawing the distinction between rules and principles can be a means by which scholars, judicial bodies and states may analyse ambiguous judicial decisions or international legal provisions, and thus foster greater clarity in the field of international law.
Multi Sourced Equivalent Norms In International Law
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Author : Tomer Broude
language : en
Publisher:
Release Date : 2011
Multi Sourced Equivalent Norms In International Law written by Tomer Broude and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Conflict of laws categories.
Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increas.
Extraterritorial Use Of Force Against Non State Actors
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Author : Noam Lubell
language : en
Publisher: Oxford University Press
Release Date : 2010-05-27
Extraterritorial Use Of Force Against Non State Actors written by Noam Lubell 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 2010-05-27 with Law categories.
This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicable international law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals.
Peremptory Norms In International Law
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Author : Alexander Orakhelashvili
language : en
Publisher: OUP Oxford
Release Date : 2008-06-05
Peremptory Norms In International Law written by Alexander Orakhelashvili and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-05 with Political Science categories.
Peremptory norms are non-derogable standards of international law which impose basic limits on how far governments, politicians, and diplomats can further their own goals. For example, certain core norms prohibit aggressive war and protect basic human rights. This is the first thorough examination of the theory and application of these norms.
Commissions Of Inquiry
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Author : Christian Henderson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-05-18
Commissions Of Inquiry written by Christian Henderson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
A functional typology of commissions of inquiry / Patrick Butchard and Christian Henderson -- Hegemony and counter-hegemony : the politics of establishing United Nations commissions of inquiry / Michelle Farrell and Ben Murphy -- Lessons from two regional missions : fact-finding in Georgia and South Sudan / Rob Grace -- Domestic commissions of inquiry and international law : the importance of normative authority / Stephen Samuel and James A. Green -- Commissions of inquiry and traditional mechanisms of dispute settlement / Alexander Orakhelashvili -- Commissions of inquiry : courting international courts and tribunals / Christine Schwèobel-Patel -- The impact of international commissions of inquiry on the proceedings before the International Criminal Court / Triestino Mariniello -- The interplay between international human rights law and international humanitarian law in the practice of commissions of inquiry / Marco Odello -- Laying the foundations : commissions of inquiry and the development of international law / Shane Darcy -- Quo vadis? Commissions of inquiry and their implications for the coherence of international law / Russell Buchan -- Selectivity and choices in human rights fact-finding : reconciling subjectivity with objectivity? / Thâeo Boutruche -- Commissions of inquiry and procedural fairness / Alison Bisset -- A visible college : the community of fact-finding practice / Corinne Heaven.
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 Reasonable Person
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Author : Valentin Jeutner
language : en
Publisher: Cambridge University Press
Release Date : 2024-05-31
The Reasonable Person written by Valentin Jeutner 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 2024-05-31 with Law categories.
The first comprehensive account of the history and function of the common law's reasonable person.
The Effects Of Armed Conflict On Investment Treaties
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Author : Tobias Ackermann
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25
The Effects Of Armed Conflict On Investment Treaties written by Tobias Ackermann 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 2022-08-25 with Law categories.
The book explores the effects of armed conflict and international humanitarian law on the interpretation and application of investment treaties.