The International Legal System In Quest Of Equity And Universality
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The International Legal System In Quest Of Equity And Universality
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Author : Laurence Boisson de Chazournes
language : en
Publisher: BRILL
Release Date : 2021-10-18
The International Legal System In Quest Of Equity And Universality written by Laurence Boisson de Chazournes and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
Georges Abi-Saab began his writing and teaching at a time when the process of decolonization, and thereafter the quest for emancipation, began to make its far-reaching impact on the international scene, producing significant changes in the international environment, both quantitatively in increasing the number of nation-States and qualitatively in changing patterns of interests and claims. This was bound to result in new pressures on the international legal system itself and in a questioning of the traditional Eurocentric content of international law. In his work and teaching Professor Abi-Saab viewed the dynamics of international law as a function of two driving forces: the emergence of the third world and the sense of injustice. In his view, the first driving force - the emergence of the third world - raised the problem of exclusion: exclusion from participation in the elaboration of international law and the decision-making process, and exclusion as beneficiaries of the resulting rules of international law. At the same time, this new force introduced diversity into the international scene, reflecting the richness of the international community in its different facets. This process remains relevant today, reflecting the contemporary problem of exclusion of new actors as well as their quest for participation. The second driving force - the sense of injustice - posed a teleological problem for him, that of defining community values in order that they capture the different facets of justice, whether formal or distributive. So long as there is no effective organic structure, international law in his view will continue to remain effectiveness-oriented, reflecting rather than impacting on the structures of power. Nevertheless, it is undeniable that there is an on-going process of development of community values and interests; as Georges Abi-Saab wrote with reference to international crimes: `law, like all social phenomena, is a continuous unfolding, a continuous process of elaboration'. He has also considered that the dynamics of the international legal process itself can be captured from the perspective of international organizations as vehicles for change in the international system. From his early writings, Georges Abi-Saab approached the United Nations Charter as a blueprint - both normative and institutional - for a certain type of international society. International institutions with all their imperfections, continue for him to be the means of realization of the law of cooperation which lies at the heart of his concept of the international system. The themes selected for this volume in honour of Professor Georges Abi-Saab are intended to reflect his unique and pioneering contribution to the field of international law. The contributors are drawn from what he has always considered to be his large `family' of former students: in his forty years of teaching, Georges Abi-Saab has acted as mentor to generations of students from all over the world who have benefited from his vision, insights, originality and creative and stimulating use of language. The contributors also include colleagues and friends who share a similar vision of the international legal system.
International Law And The Quest For Its Implementation
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Author : Laurence Boisson De Chazournes
language : en
Publisher: BRILL
Release Date : 2010
International Law And The Quest For Its Implementation written by Laurence Boisson De Chazournes and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This Liber Amicorum in honour of Professor Vera Gowlland-Debbas covers most of the topical problems of contemporary international law, in particular those related to the United Nations, human rights and humanitarian law, law-making, compliance and peaceful settlement of disputes.
Towards A Universal Justice Putting International Courts And Jurisdictions Into Perspective
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Author : Dário Moura Vicente
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2016-04-21
Towards A Universal Justice Putting International Courts And Jurisdictions Into Perspective written by Dário Moura Vicente 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 2016-04-21 with Law categories.
Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective offers a comprehensive overview of legal issues concerning the role and interrelations of international courts and jurisdictions.
International Law And Universality
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-04-04
International Law And Universality written by 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 2024-04-04 with Law categories.
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
Defining Rape Emerging Obligations For States Under International Law
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Author : Maria Eriksson
language : en
Publisher: BRILL
Release Date : 2011-10-28
Defining Rape Emerging Obligations For States Under International Law written by Maria Eriksson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-28 with Law categories.
The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor.
The Function Of Equity In International Law
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Author : Catharine Titi
language : en
Publisher: Oxford University Press
Release Date : 2021
The Function Of Equity In International Law written by Catharine Titi 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 2021 with Law categories.
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
The International Legal Order In The Xxist Century L Ordre Juridique International Au Xxieme Si Cle El Rden Jur Dico Internacional En El Siglo Xxi
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Author : Jorge E. Viñuales
language : en
Publisher: BRILL
Release Date : 2023-11-13
The International Legal Order In The Xxist Century L Ordre Juridique International Au Xxieme Si Cle El Rden Jur Dico Internacional En El Siglo Xxi written by Jorge E. Viñuales and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-13 with Law categories.
This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.
International Law Of Human Rights
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Author : Judge Antonio Augusto (former Judge of the International Court of Justice Cancado Trindade, former Judge of the Internationational Court of Justice and former Judge and President of the Inter-American Court of Human Rights)
language : en
Publisher: Oxford University Press
Release Date : 2024-02
International Law Of Human Rights written by Judge Antonio Augusto (former Judge of the International Court of Justice Cancado Trindade, former Judge of the Internationational Court of Justice and former Judge and President of the Inter-American Court of Human Rights) 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 2024-02 with categories.
The only textbook in the area to take a Global South perspective, drawing on the expertise of the authors and bringing in perspectives from a leading judge in the field. International Law of Human Rights takes students through a rigorous exploration of the theoretical foundations and principles of the subject, alongside current practice and procedures.- Provides a unique Global South perspective, offering a broad view of the subject area.- Focuses on the historical and philosophical foundations of human rights before exploring global and regional systems for their protection, and key substantive rights.- Presents a clear and accurate account of current human rights law practice.- Deep discussion and thorough analysis supported by 'further reflections' and 'critical debate' sections, and summaries of key cases.- Insightful testimonial from the distinguished Judge Cançado Trindade helps to bring a complex discipline to life.- Also available as an e-book with features and links that offer extra learning support.
The Un Human Rights Treaty System
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Author : Suzanne Egan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-10-28
The Un Human Rights Treaty System written by Suzanne Egan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-28 with Law categories.
The UN Human Rights Treaty System: Law and Procedure examines the core UN human rights treaties that form the framework of international human rights law. This book describes the development of each treaty, along with the substantive rights enshrined in them, and analyses the nature and functions of their respective monitoring bodies. Topics discussed include periodic reporting procedures, investigative procedures and individual complaint procedures, with supporting case law analysed in great detail. This practical and indispensable reference resource: - Guides you through the structure of each of the core UN human rights treaties, explaining both the substance of the rights and the various procedures which may be drawn upon to implement those rights - Explains in detail how each of these procedures may be accessed, as well as critiquing their operation in practice - Covers a wide number of areas including civil and political rights generally, racial and gender-based discrimination and the prohibition against torture - Discusses proposals for reform of the UN human rights treaty monitoring system and the implications of these reforms The UN Human Rights Treaty System: Law and Procedure has been written for practitioners and students of human rights law in the UK, Ireland and abroad. Government bodies, non-governmental organisations, national human rights institutions and charities will also find this a great resource.
Collected Courses Of The Xiamen Academy Of International Law Volume 4 2011
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Author : The Xiamen Academy of International Law
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-04-19
Collected Courses Of The Xiamen Academy Of International Law Volume 4 2011 written by The Xiamen Academy of International Law 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 2013-04-19 with Law categories.
The Application of International Law by the International Court of Justice, Judge Abdul G. Koroma; Prevention and International Law,M. Mohamed Bennouna; International Dispute Resolution, With Specific Attention to China,Christine Chinkin