Justifying International Acts
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Justifying International Acts
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Author : Lea Brilmayer
language : en
Publisher: Cornell University Press
Release Date : 2019-05-15
Justifying International Acts written by Lea Brilmayer and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-15 with Political Science categories.
In this challenging interdisciplinary book, Lea Brilmayer seeks to alter the terms in which we discuss the ethics of international relations. Traditionally, such relations have been thought to concern the "horizontal" interactions between sovereign nation-states, and have been studied quite separately from the "vertical" relations between individuals and their national governments, which are thought to be the object of mainstream political theory. Arguing that this view has impoverished our thinking about international politics, Brilmayer maintains that problems in international relations, like those that arise in domestic political life, must be considered in terms of the political theory that legitimates the domestic governments of the nations involved.
Justifying International Acts
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Author : Lea Brilmayer
language : en
Publisher:
Release Date :
Justifying International Acts written by Lea Brilmayer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
The Justification Of War And International Order
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Author : Lothar Brock
language : en
Publisher: Oxford University Press
Release Date : 2021-02-11
The Justification Of War And International Order written by Lothar Brock 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 2021-02-11 with Law categories.
The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.
Justifications Of Minority Protection In International Law
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Author : Athanasia Spiliopoulou Åkermark
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1997-07-23
Justifications Of Minority Protection In International Law written by Athanasia Spiliopoulou Åkermark 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 1997-07-23 with Law categories.
1993-1995.
The Interpretation Of Acts And Rules In Public International Law
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Author : Alexander Orakhelashvili
language : en
Publisher: OUP Oxford
Release Date : 2008-06-26
The Interpretation Of Acts And Rules In Public 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 2008-06-26 with Law categories.
There are frequent claims that the regulation of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the desired stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary pre-requisite for international law to be viewed as law. This study examines this problem for the first time since these questions were introduced and identified as the basic premises of the international legal analysis, in the works of JL Brierly and Sir Hersch Lauterpacht. Addressing different aspects of the effectiveness of legal regulation, this monograph examines the structural limits on, and threshold of, legal regulation, and the relationship between established legal regulation and non-law. Once the limits of legal regulation are ascertained, the analysis proceeds to examine the legal framework of interpretation that serves to maintain and preserve the object and aims of existing legal regulation. The final stage of analysis is the interpretation of those treaty provisions that embody the indeterminate conditions of non-law. Given that the generalist element of international legal doctrine has been virtually silent on the problem and implications of the effectiveness and determinacy of international legal regulation, this study examines the material accumulated in doctrine and practice for the past several decades, including the relevant jurisprudence of all major international tribunals.
The Justification Of Responsibility In The Un Security Council
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Author : Holger Niemann
language : en
Publisher:
Release Date : 2020-03-04
The Justification Of Responsibility In The Un Security Council written by Holger Niemann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-04 with categories.
Frequently the UN Security Council is accused of failing its objectives for maintaining international peace and security, but this book argues that instead of undermining the legitimacy of the Council, processes of contestation, politicisation and delegitimation can be productive in international organisations such as the Security Council.
How To Do Things With International Law
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Author : Ian Hurd
language : en
Publisher: Princeton University Press
Release Date : 2019-08-27
How To Do Things With International Law written by Ian Hurd and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-27 with Law categories.
A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.
Justification And Excuse In International Law
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Author : Federica Paddeu
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-07
Justification And Excuse In International Law written by Federica Paddeu 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 2019-02-07 with Law categories.
The defences available to an agent accused of wrongdoing can be considered as justifications (which render acts lawful) or excuses (which shield the agent from the legal consequences of the wrongful act). This distinction is familiar to many domestic legal systems, and tracks analogous notions in moral philosophy and ordinary language. Nevertheless, it remains contested in some domestic jurisdictions where it is often argued that the distinction is purely theoretical and has no consequences in practice. In international law too the distinction has been fraught with controversy, though there are increasing calls for its recognition. This book is the first to comprehensively and thoroughly examine the distinction and its relevance to the international legal order. Combining an analysis of state practice, and historical, doctrinal and theoretical developments, the book shows that the distinction is not only possible in international law but that it is also one that would have important practical implications.
Defending Humanity
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Author : George P. Fletcher
language : en
Publisher: Oxford University Press
Release Date : 2013-02-01
Defending Humanity written by George P. Fletcher 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 2013-02-01 with Law categories.
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Justifying Intellectual Property
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Author : Robert P. Merges
language : en
Publisher: Harvard University Press
Release Date : 2011-06-13
Justifying Intellectual Property written by Robert P. Merges and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-13 with Law categories.
In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.
