Opinio Iuris

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Theory And Reality In The International Protection Of Human Rights

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Author : Watson
language : en
Publisher: BRILL
Release Date : 2023-06-26

Theory And Reality In The International Protection Of Human Rights written by Watson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-26 with Law categories.

Many theories and propositions have been advanced on the tacit assumption that international law encompasses the protection of human rights. Very few, if any, question the validity of this position. Here is a book that does. Theory and Reality in the International Protection of Human Rights presents a defense of the traditional theory of international law-based on a decentralized nation-state system of international relation—as being more appropriate for the analysis of its subject than more recent variants that allow for supranational redress at an increasingly personal level. In particular, Professor Watson shows how the proponents of the international human rights regime persistently use a legislative mode of reasoning, and how international law cannot sustain this technique. He holds that violation of the right to life is best adjudicated within a customary system, and concludes that the validity of the norms of international human rights has yet to be demonstrated. Published under the Transnational Publishers imprint.

Law Making And Legitimacy In International Humanitarian Law

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Author : Püschmann, Jonas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-19

Law Making And Legitimacy In International Humanitarian Law written by Püschmann, Jonas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-19 with Political Science categories.

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

The Formation And Identification Of Rules Of Customary International Law In International Investment Law

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Author : Patrick Dumberry
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-13

The Formation And Identification Of Rules Of Customary International Law In International Investment Law written by Patrick Dumberry 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 2018-12-13 with Law categories.

Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.

Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege

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Author : Thomas Rauter
language : en
Publisher: Springer
Release Date : 2017-09-05

Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege written by Thomas Rauter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-05 with Law categories.

This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

International Law Of Taxation

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Author : Peter Hongler
language : en
Publisher: Oxford University Press
Release Date : 2021-09-17

International Law Of Taxation written by Peter Hongler 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 2021-09-17 with Law categories.

In this fresh, objective, and non-argumentative volume in the Elements of International Law series, Peter Hongler combines a comprehensive overview of the technical content of the international tax law regime with an assessment of its crucial relationship to wider international law. Beginning with an assessment of legal principles and foundations, the book considers key general principles, treaty based regimes, and regional integration in tax matters. In the second half of the work Hongler places international tax law in the context of its wider relationships with human rights law, and trade and investment law. He concludes by considering major legal successes and failures and what might be done to address these.

State Interest And The Sources Of International Law

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Author : Markus P. Beham
language : en
Publisher: Routledge
Release Date : 2018-05-11

State Interest And The Sources Of International Law written by Markus P. Beham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-11 with Law categories.

This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.

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"--

Guide To Latin In International Law

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Author : Aaron X. Fellmeth
language : en
Publisher: Oxford University Press
Release Date : 2009-08-19

As knowledge of Latin continues to diminish, the constant use of this language in cases, textbooks, treaties and scholarly works baffles law students, practitioners, and scholars alike. Most of the Latin terms commonly used by international lawyers are not included in some of the more popular law dictionaries. Terms and phrases included in modern dictionaries usually offer nothing more than a literal translation without sufficient explanation or context provided. Guide to Latin in International Law provides a comprehensive approach and includes both literal translations and definitions with several useful innovations. Included is not only the modern English pronunciation but also the classical or "restored" pronunciation. Its etymology is more complete than the leading law dictionary on the market, and the definition for each term includes examples used in context whenever helpful. Each entry is also cross-referenced to related terms for ease of use. The editors make clear that the understanding of Latin is a critical skill for practitioners who hope to acquire and understand sources of law and each other.

Customary International Law On The Use Of Force

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Author : Enzo Cannizzaro
language : en
Publisher: BRILL
Release Date : 2005-11-01

Customary International Law On The Use Of Force written by Enzo Cannizzaro and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-01 with Law categories.

This book comes out at a time of grave uncertainty about the content and the very existence of international legal restraints on the use of force, in the international community as well as among legal scholars. The time is therefore ripe for an in-depth analysis on the methodological issues which constitute the basic bricks on which the legal discourse about the state of the law must be built. By offering the result of an open and frank discussion about the methodology of determining the law on the use of force "at a time of perplexity", this timely book constitutes an invaluable contribution to legal analysis.

Akehurst S Modern Introduction To International Law

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Author : Peter Malanczuk
language : en
Publisher: Routledge
Release Date : 2002-04-12

Akehurst S Modern Introduction To International Law written by Peter Malanczuk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-12 with Political Science categories.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

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