Is International Law Even Law
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Is International Law Even Law
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Author : Leah L. Carmichael
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-05-07
Is International Law Even Law written by Leah L. Carmichael and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-07 with Political Science categories.
International law is so fundamentally distinct from domestic law that some even question whether it is the law at all. Unlike domestic law, in which the state can create, enforce, and interpret the laws, there is no higher authority above states in international law. As a result, states serve as both creators, enforcers, and adjudicators of international law and are subject to it. Most confoundingly, even though there is no higher authority than states in the international system, states tend to comply with international law most of the time. Further, when they do violation international law, they go to great lengths to defend their actions as within compliance with the law. To understand when and why states treat international “law” as the law in our international system, one must understand both the components of a sound legal argument and the political motivations shaping how laws are created, when they are followed, and when they are ignored.
Customary International Law And Treaties
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Author : Mark Eugen Villiger
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1997-10-29
Customary International Law And Treaties written by Mark Eugen Villiger 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 1997-10-29 with Law categories.
States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.
Is International Law International
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Author : Anthea Roberts
language : en
Publisher: Oxford University Press
Release Date : 2017
Is International Law International written by Anthea Roberts 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 with Law categories.
This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
The Misery Of International Law
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Author : John Linarelli
language : en
Publisher: Oxford University Press
Release Date : 2018
The Misery Of International Law written by John Linarelli 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 with Law categories.
Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.
International Law A Very Short Introduction
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Author : Vaughan Lowe
language : en
Publisher: OUP Oxford
Release Date : 2015-11-26
International Law A Very Short Introduction written by Vaughan Lowe and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-26 with Law categories.
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
Guide To Latin In International Law
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Author : Aaron X. Fellmeth
language : en
Publisher: Oxford University Press
Release Date : 2021
Guide To Latin In International Law written by Aaron X. Fellmeth 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 2021 with Law categories.
"Maurice and I created this guidebook to assist international lawyers and law students seeking to master, or at least to decipher, the Latin recurrently injected into our profession's already arcane argot. It may seem strange that a reference book-sized niche remains in the twenty-first century given the profusion of legal reference works, but the fact remains that recognizing the need for a guidebook like this one is a little uncomfortable. The use of Latin in international legal writing is supposed to appear natural, if not inevitable. We typically pepper our writings with Latin as if the dead language were cayenne in a jambalaya-the more the better. Yet, at some level we are all aware that we often obscure rather than clarify our meaning when we use it instead of plain English. And when we get the Latin right, which we frequently do, and pronounce the words without butchering them beyond all hope of recognition, which we occasionally do, the practice nonetheless tends to baffle law students and even experienced international lawyers unschooled in the vernacular of Cicero. Aspiring international lawyers may wonder about the ubiquity of Latin in international legal discourse in the first place. It may seem that the esoterism of such a prevalent practice can only be intentional. The official explanation is that much early international law was developed by the Roman Empire, and the much admired Roman civil law has found its way by analogy into public international law wherever a lacuna or ambiguity in the principles of international law arose.1 When combined with the fact that Latin was the scholarly lingua franca of most of Europe during international law's early development, international lawyers have inherited an even better-stocked arsenal of Latin phrases and terms than other lawyers"--
Global Justice Human Rights And The Modernization Of International Law
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Author : Riccardo Pisillo Mazzeschi
language : en
Publisher: Springer
Release Date : 2018-07-27
Global Justice Human Rights And The Modernization Of International Law written by Riccardo Pisillo Mazzeschi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.
Individual Responsibility In International Law For Serious Human Rights Violations
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Author : Lyal S. Sunga
language : en
Publisher: BRILL
Release Date : 2021-09-27
Individual Responsibility In International Law For Serious Human Rights Violations written by Lyal S. Sunga and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.
The Law Of Nations
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Author : Emer de Vattel
language : en
Publisher:
Release Date : 1856
The Law Of Nations written by Emer de Vattel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1856 with International law categories.
The United States And International Law
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Author : Lucrecia García Iommi
language : en
Publisher: University of Michigan Press
Release Date : 2022-07-26
The United States And International Law written by Lucrecia García Iommi and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-26 with Political Science categories.
The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.