The Shifting Allocation Of Authority In International Law
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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 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.
International Law In A Changing World
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Author :
language : en
Publisher:
Release Date : 1970
International Law In A Changing World written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with categories.
International Law And New Wars
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Author : Christine Chinkin
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-27
International Law And New Wars written by Christine Chinkin 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 2017-04-27 with History categories.
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Judging At The Interface
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Author : Esmé Shirlow
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
Judging At The Interface written by Esmé Shirlow 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 2021-02-18 with Law categories.
This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Multi Sourced Equivalent Norms In International Law
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Author : Tomer Broude
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-03-21
Multi Sourced Equivalent Norms 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 2011-03-21 with Law categories.
Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.
Interaction And Delimitation Of International Legal Orders
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Author : Maria Fogdestam Agius
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2015-01-08
Interaction And Delimitation Of International Legal Orders written by Maria Fogdestam Agius 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 2015-01-08 with Law categories.
In Interaction and Delimitation of International Legal Orders, the author describes how actions of international dispute settlement bodies set up within institutionalized treaty regimes contribute to the establishment of autonomous international legal orders. Based on examples from the WTO, the EU, the law of the sea and international environmental law, the book presents a typology of uses of legal norms and principles that are extrinsic in the sense that they derive not from the regime, but from general public international law, other treaty regimes, or the jurisprudence from courts operating in other fields. The investigation contradicts assertions that international courts will contribute to systemic integration and offers reflections on repercussions for the legitimacy of international norms and institutions.
The Cambridge Companion To International Law
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Author : James Crawford
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-26
The Cambridge Companion To International Law written by James Crawford 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 2012-01-26 with Law categories.
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
The Oxford Handbook Of The Use Of Force In International Law
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Author : Marc Weller
language : en
Publisher: OUP Oxford
Release Date : 2015-01-15
The Oxford Handbook Of The Use Of Force In International Law written by Marc Weller and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-15 with Law categories.
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
Allocating Authority
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Author : Joana Mendes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-01-11
Allocating Authority written by Joana Mendes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.