The Changing Practices Of International Law

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Customary International Law In Times Of Fundamental Change

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Author : Michael P. Scharf
language : en
Publisher: Cambridge University Press
Release Date : 2013-05-31

Customary International Law In Times Of Fundamental Change written by Michael P. Scharf 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 2013-05-31 with Law categories.

This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.

The Changing Practices Of International Law

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Author : Tanja Aalberts
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-05

The Changing Practices Of International Law written by Tanja Aalberts 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 2018-04-05 with Law categories.

Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.

The International Law On Foreign Investment

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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 2010-05-06

The International Law On Foreign Investment written by M. Sornarajah 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 2010-05-06 with Law categories.

This book is a thought-provoking and authoritative text on this fast moving field of international law.

Resistance And Change In The International Law On Foreign Investment

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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-16

Resistance And Change In The International Law On Foreign Investment written by M. Sornarajah 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 2015-04-16 with Business & Economics categories.

Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.

Chance Order Change

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Author : James Crawford
language : en
Publisher: Martinus Nijhoff Publishing
Release Date : 2014-04

Chance Order Change written by James Crawford and has been published by Martinus Nijhoff Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04 with Law categories.

Also available as an e-bookChance, Order, Change: The Course of International Law, General Course on Public International Law by J. CrawfordThe course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline.Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called ? In what respects is it systematic ? Does it — can it — respect the rule of law ? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.

The New Terrain Of International Law

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Author : Karen J. Alter
language : en
Publisher: Princeton University Press
Release Date : 2014-01-24

The New Terrain Of International Law written by Karen J. Alter and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-24 with Political Science categories.

A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

International Climate Change Law

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Author : Daniel Bodansky
language : en
Publisher: Oxford University Press
Release Date : 2017-06-08

International Climate Change Law written by Daniel Bodansky 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 2017-06-08 with Law categories.

This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.

Custom S Future

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Author : Curtis A. Bradley
language : en
Publisher: Cambridge University Press
Release Date : 2016-02-15

Custom S Future written by Curtis A. Bradley 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 2016-02-15 with Law categories.

Although customary international law has long been an important source of rights and obligations in international relations, there has been extensive debate in recent years about whether this body of law is equipped to address complex modern problems such as climate change, international terrorism, and global financial instability. In addition, there is growing uncertainty about how, precisely, international and domestic courts should identify rules of customary international law. Custom's Future seeks to address this uncertainty by providing a better understanding of how customary international law has developed over time, the way in which it is applied in practice, and the challenges that it faces going forward. Reflecting an interdisciplinary mix of historical, empirical, economic, philosophical, and doctrinal analysis, and containing chapters by leading international law experts, it will be of use to lawyers, judges, and researchers alike.

Global Environmental Change And Innovation In International Law

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Author : Neil Craik
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-28

Global Environmental Change And Innovation In International Law written by Neil Craik 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 2018-06-28 with Law categories.

Explores normative and institutional innovation in international law as a response to the challenges to global order posed by rapid environmental change.

The Individual In The International Legal System

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Author : Kate Parlett
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-14

The Individual In The International Legal System written by Kate Parlett 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 2011-04-14 with Law categories.

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.