The Individual In The International Legal System
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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.
Beyond Human Rights
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Author : Anne Peters
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-27
Beyond Human Rights written by Anne Peters 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 2016-10-27 with Law categories.
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
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 Individual In The International Legal System
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Author : Kate Parlett
language : en
Publisher:
Release Date : 2011
The Individual In The International Legal System written by Kate Parlett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
The International Legal Personality Of The Individual
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Author : Astrid Kjeldgaard-Pedersen
language : en
Publisher: Oxford University Press
Release Date : 2018-08-09
The International Legal Personality Of The Individual written by Astrid Kjeldgaard-Pedersen 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 2018-08-09 with Law categories.
This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.
The Individual In International Law
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Author : Anne Peters
language : en
Publisher: Oxford University Press
Release Date : 2024-06-14
The Individual In International Law written by Anne Peters 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 2024-06-14 with Law categories.
The Individual in International Law collects the work of esteemed scholars to examine the effects of humanisation on international law, and how individual status, rights, and obligations have changed the international legal system throughout history and into the present day.
Individual Responsibility In International Law For Serious Human Rights Violations
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Author : Lyal S. Sunga
language : en
Publisher: BRILL
Release Date : 2021-09-27
Individual Responsibility In International Law For Serious Human Rights Violations written by Lyal S. Sunga and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.
Legal Personality In International Law
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Author : Roland Portmann
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-26
Legal Personality In International Law written by Roland Portmann 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 2010-08-26 with Law categories.
Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.
Hierarchy In International Law
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Author : Erika De Wet
language : en
Publisher: Oxford University Press
Release Date : 2012-03
Hierarchy In International Law written by Erika De Wet 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 2012-03 with Law categories.
The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.
International Law In The Us Legal System
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Author : Curtis A. Bradley
language : en
Publisher: Oxford University Press
Release Date : 2020-12-01
International Law In The Us Legal System written by Curtis A. Bradley 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 2020-12-01 with Law categories.
International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.