Renegotiating Westphalia
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Renegotiating Westphalia
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Author : Christopher Harding
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-07-21
Renegotiating Westphalia written by Christopher Harding 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 1999-07-21 with Law categories.
This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history. Comparisons are drawn with both global and other regional developments to test the hypothesis of a 'European international law'. The work will be of interest to teachers, students and practitioners (legal and otherwise) in the field of international law and relations.
Renegotiating Westphalia
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Author : C.L. Lim
language : en
Publisher: BRILL
Release Date : 1999-07-01
Renegotiating Westphalia written by C.L. Lim and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-07-01 with Law categories.
This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history. Comparisons are drawn with both global and other regional developments to test the hypothesis of a 'European international law'. The work will be of interest to teachers, students and practitioners (legal and otherwise) in the field of international law and relations.
International Law
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Author : Jan Wouters
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-12-13
International Law written by Jan Wouters and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Law categories.
This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.
A History Of Water Series Iii Volume 2 Sovereignty And International Water Law
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Author : Terje Tvedt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-05-30
A History Of Water Series Iii Volume 2 Sovereignty And International Water Law written by Terje Tvedt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-30 with Law categories.
As global climate change threatens to change radically both the political and physical climate with regard to water issues, so a reassessment of some of the fundamental principles of international water law is emerging. One of the most important principles being reassessed is the sovereign equality of states. This volume brings together more than thirty leading international water and legal specialists to explore the development and changing relationship between water, state sovereignty and international law. Offering fresh insights into one of the most pressing issues in global water policy, Sovereignty and International Water Law will form an essential reference for water professionals, legal specialists and policy makers alike.
The Making Of International Law
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Author : Alan Boyle
language : en
Publisher: OUP Oxford
Release Date : 2007-02-22
The Making Of International Law written by Alan Boyle and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-22 with Law categories.
This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
European Constitutional Language
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Author : András Jakab
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-15
European Constitutional Language written by András Jakab 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 2016-04-15 with Law categories.
Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Ordering Anarchy
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Author : Rein Müllerson
language : en
Publisher: BRILL
Release Date : 2021-10-01
Ordering Anarchy written by Rein Müllerson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.
The end of the Cold War has released some hitherto suppressed trends in international society that are reshaping international order, such as globalization and its nemesis - fragmentation. This volume analyzes the current transformation of the character of the state as the principal actor of international society and related changes in the structure of international society. International law, especially its fundamental principles, such as sovereign equality of states, non-use of force, non-interference, respect for human rights, and self-determination of peoples, reflect some basic characteristics of the state and the structure of international society. Because of significant changes going on in the latter, many crucial principles of international law have ceased to reflect the reality. Moreover, fundamental principles often come into conflict with each other since they reflect main characteristics of different international societies -- Westphalian and post-Westphalian.
Democracies And The Shock Of War
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Author : Marc Cogen
language : en
Publisher: Routledge
Release Date : 2016-05-13
Democracies And The Shock Of War written by Marc Cogen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with History categories.
Over the course of the twentieth century, democracies demonstrated an uncanny ability to win wars when their survival was at stake. As this book makes clear, this success cannot be explained merely by superior military equipment or a particular geographical advantage. Instead, it is argued that the legal frameworks imbedded in democratic societies offered them a fundamental advantage over their more politically restricted rivals. For democracies fight wars aided by codes of behaviour shaped by their laws, customs and treaties that reflect the wider values of their society. This means that voters and the public can influence the decision to wage and sustain war. Thus, a precarious balance between government, parliament and military leadership is the backbone of any democracy at war, and the key to success or failure. Beginning with the sixteenth- and seventeenth-century writings of Alberico Gentili and Hugo Grotius, this book traces the rise of legal concepts of war between states. It argues that the ideas and theories set out by the likes of Gentili and Grotius were to provide the bedrock of western democratic thinking in wartime. The book then moves on to look in detail at the two World Wars of the twentieth century and how legal thinking adapted itself to the realities of industrial and total war. In particular it focuses upon the impact of differing political ideologies on the conduct of war, and how combatant nations were frequently forced to challenge core beliefs and values in order to win. Through a combination of history and legal philosophy, this book contributes to a better understanding of democratic government when it is most severely tested at war. The ideas and concepts addressed will resonate, both with those studying the past, and current events.
International Investment Law And History
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Author : Stephan W. Schill
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
International Investment Law And History written by Stephan W. Schill 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 2018 with categories.
Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.
British Contributions To International Law 1915 2015 Set
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Author : Jill Barrett
language : en
Publisher: BRILL
Release Date : 2020-12-15
British Contributions To International Law 1915 2015 Set written by Jill Barrett and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with Law categories.
Anthology of original documentary sources of the key British contributions to international law spanning the past 100 years.