Praxisorientierung Und Gemeinschaftskonzeption
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Praxisorientierung Und Gemeinschaftskonzeption
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Author : Felix Lange
language : de
Publisher: Springer-Verlag
Release Date : 2017-07-07
Praxisorientierung Und Gemeinschaftskonzeption written by Felix Lange and has been published by Springer-Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-07 with Law categories.
Dieses Buch vergewissert sich der Ursprünge der Völkerrechtstradition. Die heutige Debatte über die Rolle des Völkerrechts in den internationalen Beziehungen geht auf die Diskussionen des Kalten Krieges zurück. In Westdeutschland entstand nach 1945 ein völkerrechtlicher Ansatz, der bis heute für seinen Praxisbezug und die Idee einer auf Verfassungsprinzipien beruhenden internationalen Gemeinschaft bekannt ist. Auf Grundlage des Werkes und Nachlasses von Hermann Mosler, der als der bedeutendste Völkerrechtler der Bundesrepublik gilt, wird die Genese der praxisorientierten Gemeinschaftskonzeption im Kontext der politischen Entwicklung Deutschlands während des Kalten Krieges analysiert. Die Anknüpfung an die Weimarer Völkerrechtstradition, Lehren aus der nationalsozialistischen Vergangenheit, die Westintegration unter Konrad Adenauer und Moslers katholischer Universalismus werden dabei als Faktoren hervorgehoben, die einen spezifisch westdeutschen Ansatz im Völkerrecht hervorbrachten.
Fa Mann
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-01-23
Fa Mann written by 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 2024-01-23 with Law categories.
This book traces the life and legacy of a German Jewish lawyer, F A Mann, who moved to the UK in 1933 fleeing racial persecution from Germany, and later became one of the best-known legal minds of his age, equally versed and experienced in legal practice and legal scholarship. With contributions from established and emerging scholars, legal practitioners, and members of the judiciary from around the world, F A Mann: The Lawyer and His Legacy is split into three parts. Part I sets out a legal biography of F A Mann, with a particular emphasis on his background, network, and the insights afforded by previously unstudied archival materials. Part II covers the broad range of sub-disciplines and practice areas in which Mann was active and explores the way in which he helped to form them. Part III, on monetary law, reflects both Mann's outstanding influence and the current topicality of monetary law issues. Drawing on some 12,500 letters of Mann's personal correspondence with judges, academics, and legal practitioners, this book explores how Mann's biography, his equal familiarity with German and English law and with academia and legal practice, and his wide range of legal interests have contributed to his lasting influence on law and legal scholarship.
International Human Rights Law And Structural Discrimination
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Author : Elisabeth Veronika Henn
language : en
Publisher: Springer
Release Date : 2019-07-03
International Human Rights Law And Structural Discrimination written by Elisabeth Veronika Henn and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-03 with Law categories.
International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.
A Century Of Anarchy
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Author : Hendrik Simon
language : en
Publisher: Oxford University Press
Release Date : 2024-02-29
A Century Of Anarchy written by Hendrik Simon 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 2024-02-29 with Law categories.
The nineteenth century has been understood as an age in which states could wage war against each other if they deemed it politically necessary. According to this narrative, it was not until the establishment of the League of Nations, the Kellogg-Briand Pact, and the UN Charter that the 'free right to go to war' (liberum ius ad bellum) was gradually outlawed. Better times dawned as this anarchy of waging war ended, resulting in radical transformations of international law and politics. However, as a 'free right to go to war' has never been empirically proven, this story of progress is puzzling. In A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order, Hendrik Simon challenges this narrative by outlining a genealogy of modern war justifications and drawing on scientific, political, and public discourses. He argues that liberum ius ad bellum is an invention created by realist legal scholars in Imperial Germany who argued against the mainstream of European liberalism and, paradoxically, that the now forgotten Sonderweg reading was universalized in international historiographies after the World Wars. A Century of Anarchy? is a compelling read for historians, jurists, political theorists, international relations scholars, and anyone interested in understanding the emergence of the modern international order. In this groundbreaking work, Simon not only artfully deconstructs the myth of liberum ius ad bellum but also traces the political and theoretical roots of the modern prohibition of war to the long nineteenth century (1789-1918).
A History Of Humanitarian Intervention
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Author : Mark Swatek-Evenstein
language : en
Publisher: Cambridge University Press
Release Date : 2020-02-13
A History Of Humanitarian Intervention written by Mark Swatek-Evenstein 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 2020-02-13 with Law categories.
An examination of the historical narratives surrounding humanitarian intervention, presenting an undogmatic, alternative history of human rights protection.
Cynical International Law
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Author : Björnstjern Baade
language : en
Publisher: Springer Nature
Release Date : 2020-11-28
Cynical International Law written by Björnstjern Baade and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-28 with Law categories.
Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.
Democracy And Financial Order Legal Perspectives
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Author : Matthias Goldmann
language : en
Publisher: Springer
Release Date : 2018-05-17
Democracy And Financial Order Legal Perspectives written by Matthias Goldmann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-17 with Law categories.
This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.
Treaties In Parliaments And Courts
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Author : Felix Lange
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14
Treaties In Parliaments And Courts written by Felix Lange 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 2024-03-14 with Political Science categories.
Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.
Subsequent Agreements And Subsequent Practice In Domestic Courts
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Author : Katharina Berner
language : en
Publisher: Springer
Release Date : 2017-11-21
Subsequent Agreements And Subsequent Practice In Domestic Courts written by Katharina Berner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-21 with Law categories.
The book analyses how subsequent agreements and subsequent practice as defined in articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties have been applied in interpretative reality. Based on the jurisprudence of domestic courts, it elucidates the distribution of power between the parties to a treaty and other actors. To start with, the book traces the origins of subsequent agreements and subsequent practice and places them in their broader legal context. Next, it explores the legal status and effects of subsequent agreements and subsequent practice, explains why such agreements are only rarely used, and defines the relevance of non-party practice in the interpretative process. In closing, it critically examines how domestic courts have approached the normative heart of subsequent practice, i.e. the notion of ‘agreement’. Thus, this book ultimately challenges the traditional assumption that the parties are the joint masters of the treaty.
The Un Security Council Members Responsibility To Protect
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Author : Andreas S. Kolb
language : en
Publisher: Springer
Release Date : 2017-12-04
The Un Security Council Members Responsibility To Protect written by Andreas S. Kolb and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-04 with Law categories.
This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.