State Interest And The Sources Of International Law
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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.
State Interest And The Sources Of International Law
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Author : Markus Beham
language : en
Publisher:
Release Date : 2018
State Interest And The Sources Of International Law written by Markus Beham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with International 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 dogmatical point of view. 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 iuris 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.
International Law
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Author : Barry E. Carter
language : en
Publisher: Aspen Publishing
Release Date : 2018-06-26
International Law written by Barry E. Carter and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-26 with Law categories.
Intended for use in an International Law survey course, International Law, Seventh Edition provides comprehensive coverage of foundational international law questions, including the nature and sources of international law, core doctrinal topics such as the subjects of international law (states and international organizations), and the jurisdictional powers and immunities of states. The book also addresses key substantive topics in international law, with reference to important contemporary foreign policy issues, such as (i) international human rights, (ii) the law of the sea, (iii) international environmental law, (iv) the use of force and the law of armed conflict, and (v) international criminal law. Key Features: New co-author Duncan Hollis of Temple Law School joins Stanford Law School’s Allen Weiner as the active authors of the book. New discussions of major international developments, including the law governing the use of force [e.g., cyber operations and the military campaign against the Islamic State (ISIS)], nonproliferation (e.g., the Iranian and North Korean nuclear crises), the law of the sea (e.g., disputed maritime claims in the South China Sea), and international environmental law (e.g., the conclusion of the Paris Agreement). New case study in Chapter 1 focused on the international response to the rise of ISIS. Inclusion of extended excerpts from a number of major recent Supreme Court decisions related to international law, including Bond v. United States (on fundamental principles of federalism and the treaty power under Article VI of the Constitution), Zivotofsky v. Kerry (on the separation of powers between Congress and the President in the field of foreign affairs), and Kiobel v. Royal Dutch Petroleum Co. (on the Alien Tort Statute). Adopts a modern, conceptual approach to the presentation of materials on statehood (including Palestinian claims to statehood), international organizations, and international dispute resolution.
Progress In International Law
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Author : Russell A. Miller
language : en
Publisher: BRILL
Release Date : 2008
Progress In International Law written by Russell A. Miller and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.
Sources Of State Practice In International Law
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Author : Ralph Gaebler
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-06-06
Sources Of State Practice In International Law written by Ralph Gaebler 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 2014-06-06 with Law categories.
Sources of State Practice in International Law is bibliography of treaty and diplomatic sources for important jurisdictions around the world. It also includes a summary for each jurisdiction of issues related to treaty succession and treaty implementation in municipal law.
International Law A Very Short Introduction
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Author : Vaughan Lowe
language : en
Publisher: OUP Oxford
Release Date : 2015-11-26
International Law A Very Short Introduction written by Vaughan Lowe and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-26 with Law categories.
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
Community Interests Across International Law
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Author : Eyal Benvenisti
language : en
Publisher: Oxford University Press
Release Date : 2018
Community Interests Across International Law written by Eyal Benvenisti 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 2018 with Law categories.
This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
Sources Of International Law
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Author : Martti Koskenniemi
language : en
Publisher: Routledge
Release Date : 2017-07-05
Sources Of International Law written by Martti Koskenniemi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
The Common Interest In International Law
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Author : Wolfgang Benedek
language : en
Publisher:
Release Date : 2014
The Common Interest In International Law written by Wolfgang Benedek and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Common good categories.
What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors.
The Sources Of International Law
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Author : Hugh Thirlway
language : en
Publisher: Oxford University Press
Release Date : 2014-02
The Sources Of International Law written by Hugh Thirlway 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 2014-02 with Law categories.
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.