The World Court And The Contemporary International Law Making Process
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The World Court And The Contemporary International Law Making Process
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Author : Edward McWhinney
language : en
Publisher: BRILL
Release Date : 1979-02
The World Court And The Contemporary International Law Making Process written by Edward McWhinney and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979-02 with Law categories.
Disaster response has been described as the last resort of the amateur: an unkind assessment but not without a grain of truth. Disaster generates an emotional response, & new disaster organisations are born with each new disaster. Lessons of the past on disaster management have to be learned anew. The need to increase the professionalism of disaster response is evident. All the more so as, in disaster terms, the world is getting worse, not better. Disasters become more complex, frequently involving the interaction of a disaster event, politics & technology. The last few years have also seen a growth in research into the area of disaster response. Too often, however, disaster researchers & disaster organisations have gone their separate ways. There is a need for these two groups to get together to devise more practical & professional approaches to disaster response. The World Disasters Report , produced by the International Federation of Red Cross & Red Crescent Societies with the Centre for Research on the Epidemiology of Disasters, is a contribution to this effort of professionalisation. It provides facts & statistics, analysis & an exploration of trends, to dispel a number of myths about disasters & to define & advocate good practice. This is the first volume of Annual Reports which will become a vital tool for all those involved in the area of disaster response.
The Making Of International Law
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Author : Alan Boyle
language : en
Publisher: OUP Oxford
Release Date : 2007-02-22
The Making Of International Law written by Alan Boyle and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-22 with Law categories.
This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Judicial Settlement Of International Disputes
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Author : Edward McWhinney
language : en
Publisher: BRILL
Release Date : 2023-11-27
Judicial Settlement Of International Disputes written by Edward McWhinney and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Business & Economics categories.
The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.
An Introduction To Contemporary International Law
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Author : Lung-chu Chen
language : en
Publisher: Oxford University Press
Release Date : 2014-12-31
An Introduction To Contemporary International Law written by Lung-chu Chen 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 2014-12-31 with Law categories.
An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.
Law Making In The International Community
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Author : Gennadiĭ Mikhaĭlovich Danilenko
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1993-01-01
Law Making In The International Community written by Gennadiĭ Mikhaĭlovich Danilenko 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 1993-01-01 with Law categories.
As the world approaches the end of the twentieth century it becomes clear that the global legal system governing relations between the members of the international community is passing through a period of profound change. The traditional lawmaking techniques, established largely at the beginning of this century, were constituted so as to provide for only gradual reforms within a limited and homogeneous community of states. Faced with a growing number of global problems, the international community has discovered that the traditional legal system lacks effective procedures for rapid generation of new international legal norms. "Law-Making in the International Community" examines to what extent the transformations in the social and the legal infrastructures of the international community have affected the traditional rules, determining how international law is to be made or changed. By focusing on actual state practice, official statements of governments and the pronouncements of the World Court, this book seeks to clarify the content and significance of the existing community consensus concerning the authoritative methods of lawmaking.
International Law In Transition
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Author : Dhokalia
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-20
International Law In Transition written by Dhokalia 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 2023-09-20 with Law categories.
The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of `International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a `new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.
The International Court Of Justice And The Western Tradition Of International Law
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Author : Edward McWhinney
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1987-08-25
The International Court Of Justice And The Western Tradition Of International Law written by Edward McWhinney 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 1987-08-25 with Political Science categories.
United Nations Law Making
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Author : Edward McWhinney
language : en
Publisher: New York : Holmes & Meier Publishers
Release Date : 1984
United Nations Law Making written by Edward McWhinney and has been published by New York : Holmes & Meier Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Law categories.
UNESCO pub. Study of the role of UN in the development of legal theories and practice in international law - examines international sources of law such as resolutions of the General Assembly and the Security Council, judicial decisions of the ICJ, etc.; considers the impact of political ideologies and international relations on recognition of the right of self determination and the new international economic order. References.
International Law In Transition
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Author : Nagendra Singh
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1992-07-30
International Law In Transition written by Nagendra Singh 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 1992-07-30 with Law categories.
The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.
Informal International Lawmaking
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Author : Joost Pauwelyn
language : en
Publisher: Oxford University Press
Release Date : 2012-09-27
Informal International Lawmaking written by Joost Pauwelyn 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 2012-09-27 with Law categories.
Policy-makers, national administrations, and regulators engage in making laws without the formalities associated with treaties or customary law. This book analyses this informal international lawmaking and its impact on contemporary trends in international interaction, looking at the questions of accountability and effectiveness it raises.