Jus Cogens Na Es Unidas E Direito B Lico
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Jus Cogens Na Es Unidas E Direito B Lico
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Author : Leonam Liziero
language : pt-BR
Publisher: Clube de Autores
Release Date : 2013-01-19
Jus Cogens Na Es Unidas E Direito B Lico written by Leonam Liziero and has been published by Clube de Autores this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-19 with Law categories.
Há uma antiga relação entre o Direito Internacional e a Guerra. O Direito Internacional nasceu da Guerra. Doravante, em 1648, após a Guerra dos Trinta Anos, o Direito Internacional surgiu como uma ciência própria com a Paz de Westphalia. Houve uma gradativa evolução através dos Séculos XVIII e XIX, resultando no Século XX com a Organização das Nações Unidas, mostrando-nos uma nova ordem jurídica internacional. A diferença é como a Guerra é vista pela Sociedade Internacional. Antes de 1945, a Guerra era legal se sua causa fosse justa. Então, era relevante discutir o caráter justo da guerra.. Com a ilegalidade do uso da força nas relações internacionais, determinada pela Segurança Coletiva, as Nações Unidas tem o monopólio da violência legal. A nova ordem mundial se baseia no não-uso da força. A Segurança Coletiva é a norma mais importante do Direito Internacional, sendo a Norma Fundamental, ou a Pedra Angular, da qual todas as outras normas retiram sua validade, em uma estrutura escalonada, como na Teoria de Kelsen. Por isto, a Segurança Coletiva, positivada no artigo 2º (4) da Carta da ONU, como um princípio e uma transcendental norma, tem um caráter de imutabilidade, chamado pela doutrina de Jus Cogens. A Convenção de Viena sobre Direito dos Tratados de 1969 determina a nulidade dos Tratados que vão contra as normas de Direito Internacional Geral (Jus Cogens). Então, como nos demonstraremos, a Segurança Coletiva é uma norma imutável e suprema do Direito Internacional, determinada pela Carta da ONU e mantida pelo Conselho de Segurança, o órgão que tem o poder de determinar o uso da força armada nas relações internacionais.
The Oxford Handbook Of International Human Rights Law
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Author : Dinah Shelton
language : en
Publisher: OUP Oxford
Release Date : 2013-10-24
The Oxford Handbook Of International Human Rights Law written by Dinah Shelton and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-24 with Law categories.
The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.
The Invisible Origins Of Legal Positivism
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Author : W.E. Conklin
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Invisible Origins Of Legal Positivism written by W.E. Conklin and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.
The Rule Of Rules
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Author : Larry Alexander
language : en
Publisher: Duke University Press
Release Date : 2001-08-06
The Rule Of Rules written by Larry Alexander and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-06 with Law categories.
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
The International Court Of Justice
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Author : Robert Kolb
language : en
Publisher: A&C Black
Release Date : 2014-07-18
The International Court Of Justice written by Robert Kolb and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ. The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales. Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars: 'Robert Kolb's International Court of Justice provides a magisterial, lucid study of its subject. The breadth and depth of the treatment are impressive: Kolb takes the reader from the history of the Court, to its role in international society, to the more technical questions concerning its composition, powers and procedures, to the development of its jurisprudence, and to its future. The finely grained discussion provides much more than a mere survey of the Court's constitutive instruments and decisions. It engages the Court as an institution and asks how it actually operates, and secures efficacy and authority in doing so. The book's careful and detailed coverage of the Court's legal framework and operation will benefit practitioners and scholars alike. There is no doubt that Kolb's volume immediately takes a place among the authoritative references on the Court.' ASIL Book Awards Committee This title is included in Bloomsbury Professional's International Arbitration online service.
The Icj And The Evolution Of International Law
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Author : Karine Bannelier
language : en
Publisher: Routledge
Release Date : 2012-03-12
The Icj And The Evolution Of International Law written by Karine Bannelier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-12 with Law categories.
In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History
The Universal And The Particular In Legal Reasoning
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Author : Zenon Bankowski
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2006
The Universal And The Particular In Legal Reasoning written by Zenon Bankowski and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
It is twenty-five years since the publication of Neil MacCormick's book Legal Reasoning and Legal Theory, a book that has been in print continuously since its first publication. This book looks at how examining legal reasoning can bring up important theoretical and ethical issues, as MacCormick revisits the issues anew in his current work.
Legal Anthropology
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Author : James M. Donovan
language : en
Publisher: Rowman Altamira
Release Date : 2007
Legal Anthropology written by James M. Donovan and has been published by Rowman Altamira this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Legal Anthropology: An Introduction offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, James M. Donovan outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. Legal Anthropology suggests that future progress can be made by looking at the perceived fairness of social regulation, rather than sanction or dispute resolution as the distinguishing feature of law.
Europe Since 1945
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Author : Bernard A. Cook
language : en
Publisher: Routledge
Release Date : 2014-01-27
Europe Since 1945 written by Bernard A. Cook and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-27 with History categories.
Europe Since 1945: An Encyclopedia is a comprehensive reference work of some 1,700 entries in two volumes. Its scope includes all of Europe and the successor states to the former Soviet Union. The volumes provide a broad coverage of topics, with an emphasis on politics, governments, organizations, people, and events crucial to an understanding of postwar Europe. Also includes 100 maps and photos.
A Short Introduction To International Law
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Author : Emmanuelle Tourme Jouannet
language : en
Publisher: Cambridge University Press
Release Date : 2014-11-13
A Short Introduction To International Law written by Emmanuelle Tourme Jouannet 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 2014-11-13 with Law categories.
An accessible introduction to the latest developments in international law in the light of its history and culture.