The Persistent Objector Rule In International Law
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The Persistent Objector Rule In International Law
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Author : James A. Green
language : en
Publisher: Oxford University Press
Release Date : 2016-03-03
The Persistent Objector Rule In International Law written by James A. Green 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 2016-03-03 with Law categories.
The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
The Persistent Objector Rule In International Law
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Author : James A. Green
language : en
Publisher: Oxford University Press
Release Date : 2016
The Persistent Objector Rule In International Law written by James A. Green 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.
Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.
Customary International Humanitarian Law
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Author : Jean-Marie Henckaerts
language : en
Publisher: Cambridge University Press
Release Date : 2005
Customary International Humanitarian Law written by Jean-Marie Henckaerts 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 2005 with Customary law categories.
"Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts."--
Adjudicating International Human Rights
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Author : James A. Green
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2015-01-27
Adjudicating International Human Rights written by James A. Green 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 2015-01-27 with Law categories.
Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.
The Art Of Law In The International Community
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Author : Mary Ellen O'Connell
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-16
The Art Of Law In The International Community written by Mary Ellen O'Connell 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 2019-05-16 with Law categories.
Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
Peremptory Norms Of General International Law Jus Cogens
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Author : Dire Tladi
language : en
Publisher: BRILL
Release Date : 2021-08-16
Peremptory Norms Of General International Law Jus Cogens written by Dire Tladi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-16 with Law categories.
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions brings together an impressive collection of authors addressing both conceptual issues and challenges relating to peremptory norms of general international. Covered themes in the edited collection include concepts relating to the identification of peremptory norms, consequences of peremptory norms, critiques of peremptory norms, the relationship between peremptory norms and particular areas of international law as well as the peremptory status of particular norms of international law. The contributions are presented from an array of scholars and experts with different perspective, thus providing an interesting mosaic of thoughts on peremptory norms. Written against the backdrop of the ongoing work of the International Law Commission, it exposes some tensions inherent in the jus cogens.
The Oxford Handbook Of Jurisdiction In International Law
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Author : Stephen Allen
language : en
Publisher:
Release Date : 2019
The Oxford Handbook Of Jurisdiction In International Law written by Stephen Allen 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.
This Handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.
The Nature Of International Law
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Author : Miodrag A. Jovanović
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-25
The Nature Of International Law written by Miodrag A. Jovanović 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 2019-04-25 with Law categories.
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
Customary International Law
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Author : Brian D. Lepard
language : en
Publisher: Cambridge University Press
Release Date : 2010-01-11
Customary International Law written by Brian D. Lepard 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 2010-01-11 with Law categories.
Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international law and ethics. In part because of these enigmas, the subject has generated a wide-ranging literature. However, no recent book-length work has attempted to articulate a comprehensive theory of customary international law that can effectively resolve these questions. This book sets out to accomplish this goal. Its approach is unique in a number of ways. For example, it is multidisciplinary and draws insights from fields such as legal theory, philosophy, political science, and game theory. In addition, it is anchored in a sophisticated ethical framework and explores at length the interconnections between customary international law and ethics.
Reexamining Customary International Law
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Author : Brian D. Lepard
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-16
Reexamining Customary International Law written by Brian D. Lepard 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 2017-02-16 with Law categories.
Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.