The Authority Of International Law
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The Authority Of International Law
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Author : Başak Cali
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Authority Of International Law written by Başak Cali 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 2015 with Law categories.
The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international legal theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reframing the present accounts of authority in international law, construing its authority as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect, and the duty to rebut. The book provides an original interpretation of this authority - one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuanced account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposes on the state, and that duty's normative force. There is no strict framework in which international law always trumps domestic law or vice versa. Instead, Cali presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law contributes to existing debates by considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance, and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law.
The Shifting Allocation Of Authority In International Law
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Author : Tomer Broude
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-06-13
The Shifting Allocation Of Authority In International Law written by Tomer Broude and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-13 with Law categories.
International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity. This volume will be of great interest to scholars and practitioners of international law alike.
The Authority Of International Law
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Author : Ba^Dsak Çal^Di
language : en
Publisher: Oxford University Press
Release Date : 2015-10-08
The Authority Of International Law written by Ba^Dsak Çal^Di 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 2015-10-08 with Law categories.
The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international legal theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reframing the present accounts of authority in international law, construing its authority as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect, and the duty to rebut. The book provides an original interpretation of this authority - one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuanced account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposes on the state, and that duty's normative force. There is no strict framework in which international law always trumps domestic law or vice versa. Instead, Çalı presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law contributes to existing debates by considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance, and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law.
The Shifting Allocation Of Authority In International Law
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Author : Tomer Broude
language : en
Publisher:
Release Date : 2008
The Shifting Allocation Of Authority In International Law written by Tomer Broude and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with International and municipal law categories.
International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, ""who should decide what"" in a system that formally lacks a central authority? This is not only a juridical questi.
Reconciling Authority And Sovereignty In International Law
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Author : Artem Sergeev (Researcher on law)
language : en
Publisher:
Release Date : 2021
Reconciling Authority And Sovereignty In International Law written by Artem Sergeev (Researcher on law) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with International law categories.
Fiduciaries Of Humanity
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Author : Evan J. Criddle
language : en
Publisher: Oxford University Press
Release Date : 2016
Fiduciaries Of Humanity written by Evan J. Criddle 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 2016 with Law categories.
Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.
An Outline Of International Law
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Author : Dominique De Stoop
language : en
Publisher: Australian Self Publishing Group
Release Date : 2019-03-01
An Outline Of International Law written by Dominique De Stoop and has been published by Australian Self Publishing Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-01 with Business & Economics categories.
Written by Dr. Dominique De Stoop, former Senior Assistant Secretary of the International and General Legal Branch of the Australian Ministry of Foreign Affairs and Trade. An Outline of International Law offers a clear, comprehensive explanation of the multifaceted realm of international law. Dr. De Stoop provides background information on the sources of international laws, their scope, and their effectiveness. Each chapter covers a specific area of law, including the following: - Treaty negotiations - State sovereignty - Human rights and refugee rights - Criminal offences and terrorism -The law of the sea and international shipping law -Environmental law and conservation -International and domestic armed conflicts -Disarmament and arms control -Economic and trade law A valuable resource for law students, civil servants and members of intergovernmental organizations, An Outline of International Law is your inclusive guide to the international agreements, customary international laws and judicial decisions governing the global community.
The Authority Of International Criminal Law
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Author : Clare Frances Moran
language : en
Publisher:
Release Date : 2023
The Authority Of International Criminal Law written by Clare Frances Moran and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with International crimes categories.
"Adopting a perspective informed by legal and political philosophy, Clare Frances Moran explores the authority and legitimacy of international criminal law. Using concrete examples, she demonstrates it can be conceived of as more than simply an exercise of power and theorises how that power may be exercised legitimately"--
The Exercise Of Public Authority By International Institutions
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Author : Armin Bogdandy
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-02-11
The Exercise Of Public Authority By International Institutions written by Armin Bogdandy 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 2010-02-11 with Law categories.
The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal’s editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.
Obligation And The Political Authority Of International Law
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Author : Christian Reus-Smit
language : en
Publisher:
Release Date : 2002
Obligation And The Political Authority Of International Law written by Christian Reus-Smit and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with International law categories.
