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.
International Law
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Author : Malcolm David Evans
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
International Law written by Malcolm David Evans and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.
The Sources Of International Law
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Author : Hugh Thirlway
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-02
The Sources Of International Law written by Hugh Thirlway and has been published by Oxford University Press, USA 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.
The Oxford Handbook On The Sources Of International Law
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Author : Samantha Besson
language : en
Publisher: Oxford University Press
Release Date : 2017
The Oxford Handbook On The Sources Of International Law written by Samantha Besson 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 2017 with Law categories.
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
The Law Of Nations Or Principles Of The Law Of Nature Applied To The Conduct And Affairs Of Nations And Sovereigns
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Author : Emer de Vattel
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
The Law Of Nations Or Principles Of The Law Of Nature Applied To The Conduct And Affairs Of Nations And Sovereigns written by Emer de Vattel and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Vattel, Emmerich de; Joseph Chitty (editor). The Law of Nations; or Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns. From the French of Monsieur De Vattel. With Additional Notes and References by Edward D. Ingraham, Esq. Philadelphia: T.& J.W. Johnson, 1854. lxvi, 656 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. 2004. ISBN-13: 978-1-58477-501-0. ISBN-10: 1-58477-501-7. Cloth. $125.* Chitty [1776-1841], the distinguished English legal scholar, produced this edition of Vattel's classic study to bring it to the attention of a wider audience. "[I]t is of infinitely more extended utility, he observed, because it "contains a practical collection of ethics, principles, and rules of conduct to be observed and pursued, as well by private individuals as by states, and these of the utmost practical importance to the well-being, happiness, and ultimate and permanent advantage and benefit of all mankind." It should therefore be studied "by every gentleman of liberal education, and by youth, in whom the best moral principles should be inculcated. The work should be familiar in the Universities, and in every class above the inferior ranks of society. And, as regards lawyers, it contains the clearest rules of construing private contracts, and respecting Admiralty and Insurance law.": Preface v.
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 History 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.
General Principles And The Coherence Of International Law
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Author : Mads Andenas
language : en
Publisher: BRILL
Release Date : 2019-05-20
General Principles And The Coherence Of International Law written by Mads Andenas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Law categories.
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
Philippine Materials In International Law
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Author : Raul C Pangalangan
language : en
Publisher: BRILL
Release Date : 2021-11-15
Philippine Materials In International Law written by Raul C Pangalangan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with Law categories.
This is a collection of international law materials relating to the Philippines: excerpts of treaties and declarations; international judicial and arbitral decisions; and Philippine constitutional clauses, statutes and Supreme Court decisions. Today new theories abound, calling for comparative perspectives that look at international law through the lens of national and regional practice. This book engages with that challenge at a concrete level, e.g., how Marcos's human rights abuses were litigated abroad but never in Philippine courts, and how victim claims for reparations are, ironically, blocked by the Philippine Government citing the Filipino people’s competing claims over Marcos's ill-gotten wealth. It retells Philippine history using international law, and re-examines international law using the Philippine experience.
Community Interests Across International Law
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Author : Eyal Benvenisti
language : en
Publisher: Oxford University Press
Release Date : 2018-05-10
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 2018-05-10 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.
The Politics Of International Law
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Author : Martti Koskenniemi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-06-10
The Politics Of International Law written by Martti Koskenniemi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-10 with Law categories.
Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.