State Legitimacy And Failure In International Law

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State Legitimacy And Failure In International Law

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Author : Mario Silva
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-02-06

State Legitimacy And Failure In International Law written by Mario Silva 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 2014-02-06 with Law categories.

Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community

Legitimacy In International Law

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Author : Rüdiger Wolfrum
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-02-26

Legitimacy In International Law written by Rüdiger Wolfrum and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-26 with Law categories.

In recent years the question of the legitimacy of international law has been discussed quite intensively. Such questions are, for example, whether international law lacks legitimacy in general; whether international law or a part of it has yielded to the facts of power; whether adherence to international legal commitments should be subordinated to self-defined national interests; whether international law or particular rules of it – such as the prohibition of the use of armed force – have lost their ability to induce compliance (compliance pull); and what is the relevance of non-enforcement or failure to obey for the legitimacy of that particular international norm? This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law.

Democratic Governance And International Law

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Author : Gregory H. Fox
language : en
Publisher: Cambridge University Press
Release Date : 2000-05-11

Democratic Governance And International Law written by Gregory H. Fox 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 2000-05-11 with Law categories.

PART V CRITICAL APPROACHES.

Self Determination International Law And Post Conflict Reconstruction

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Author : Manuela Melandri
language : en
Publisher: Routledge
Release Date : 2018-10-03

Self Determination International Law And Post Conflict Reconstruction written by Manuela Melandri and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-03 with Law categories.

The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.

Legitimacy And International Courts

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Author : Nienke Grossman
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22

Legitimacy And International Courts written by Nienke Grossman 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 2018-02-22 with Law categories.

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Brownlie S Principles Of Public International Law

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Author : James Crawford
language : en
Publisher:
Release Date : 2019

Brownlie S Principles Of Public International Law written by James Crawford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.

Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.

Legitimacy And Legality In International Law

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Author : Jutta Brunnée
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-05

Legitimacy And Legality In International Law written by Jutta Brunnée 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 2010-08-05 with Law categories.

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Journal Of The International Relations And Affairs Group Volume Vi Issue I

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Author : Daniel Evans
language : en
Publisher: Lulu.com
Release Date : 2016-07-28

Journal Of The International Relations And Affairs Group Volume Vi Issue I written by Daniel Evans and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Business & Economics categories.

The International Relations and Affairs Group supports research in foreign affairs and global issues among states within the international system, including the roles of states, inter-governmental organizations (IGOs), non-governmental organizations (NGOs), and multinational corporations (MNCs). We focus on geopolitical analysis, globalization, and international policy issues and apply qualitative and quantitative analysis. Our focus is analyzing, as well as, formulating solutions to issues with foreign policy, cultural interaction, crisis and other. We have a network of over 85,000 members globally.

Constitutionalism And Transnational Governance Failures

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Author :
language : en
Publisher: BRILL
Release Date : 2024-03-11

Constitutionalism And Transnational Governance Failures written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-11 with Law categories.

This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law? "This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism." Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)

The Heart Of Human Rights

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Author : Allen Buchanan
language : en
Publisher: Oxford University Press
Release Date : 2013-10-23

The Heart Of Human Rights written by Allen Buchanan 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 2013-10-23 with Philosophy categories.

This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.