Empirical and Theoretical Perspectives on International Law PDF Download
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Author: Rossana Deplano
Publisher:
ISBN: 9781108729031
Category : International obligations
Languages : en
Pages : 0
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Book Description
The book examines the processes through which the resolutions adopted by the UN General Assembly acquire legal significance through state practice. By using an empirically-grounded method of inquiry, it examines how states attribute legal significance to resolutions in three different contexts: at the time of adoption, within domestic law and in international practice. The book shows that, contrary to the existent theories on the legal significance of resolutions, the General Assembly is not a unitary actor. It also demonstrates that the concept of legal significance of resolutions is not predetermined or static. While resolutions are often framed in normative language, they acquire legal significance only to the extent that states find it desirable or convenient, depending on context and circumstances. Consequently, the attribution of legal significance to resolutions turns out to be a manifestation of state will to abide by their content, not the will of the General Assembly.
Author: Rossana Deplano
Publisher:
ISBN: 9781108729031
Category : International obligations
Languages : en
Pages : 0
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Book Description
The book examines the processes through which the resolutions adopted by the UN General Assembly acquire legal significance through state practice. By using an empirically-grounded method of inquiry, it examines how states attribute legal significance to resolutions in three different contexts: at the time of adoption, within domestic law and in international practice. The book shows that, contrary to the existent theories on the legal significance of resolutions, the General Assembly is not a unitary actor. It also demonstrates that the concept of legal significance of resolutions is not predetermined or static. While resolutions are often framed in normative language, they acquire legal significance only to the extent that states find it desirable or convenient, depending on context and circumstances. Consequently, the attribution of legal significance to resolutions turns out to be a manifestation of state will to abide by their content, not the will of the General Assembly.
Author: Rossana Deplano
Publisher: Cambridge University Press
ISBN: 1108483666
Category : Business & Economics
Languages : en
Pages : 255
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Book Description
The book examines how the resolutions of the UN General Assembly acquire legal significance through state practice. By using an empirically-grounded research methodology, it enriches the existing scholarly literature in this field and provides unique insights into the concept of legal significance, showing how it develops through state practice.
Author: Kriangsak Kittichaisaree
Publisher: Taylor & Francis
ISBN: 1000836290
Category : Law
Languages : en
Pages : 265
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Book Description
This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.
Author: Russell Buchan
Publisher: Cambridge University Press
ISBN: 1316513904
Category : Law
Languages : en
Pages : 591
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Book Description
Offers insightful reflections on contemporary challenges to the authority, effectiveness, legitimacy, and coordination of the international dispute settlement system.
Author: Eyal Benvenisti
Publisher: Cambridge University Press
ISBN: 9781139456067
Category : Law
Languages : en
Pages : 336
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Book Description
This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is an understanding of the forces that pull states toward closer cooperation or prevent them from doing so, and the impact of different types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states' incentives to cooperate through the design of norms and institutions.
Author: Massimo Iovane
Publisher: Oxford University Press
ISBN: 0192661701
Category : Law
Languages : en
Pages : 464
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Book Description
This book analyses three key concepts, global public goods, global commons, and fundamental values, as tools geared towards the protection of the general interests of the international community. After providing an overview of these concepts, the book examines how international law has responded to them in a wide range of fields, and investigates how global governance has improved, or worsened, this response. Contributions from a group of experts explore the legal foundations of general interests, and discuss which interests have or have not been deemed to deserve the protection of international law. Other chapters focus on whether, and to what extent, it is appropriate that international law intervenes to regulate such interests, considering the interplay between multiple actors including states, international and regional organisations, and non-state actors. The book explores how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what significant challenges still need to be addressed.
Author: Sergey Sayapin
Publisher: Springer Nature
ISBN: 9462655154
Category : Law
Languages : en
Pages : 1488
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Book Description
This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations. Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan. Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross. Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.
Author: Obed Y. Asamoah
Publisher: Springer
ISBN: 9401194955
Category : Law
Languages : en
Pages : 288
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Book Description
Mr. Asamoah's book is concerned with an area of growing importance in the evolution of contemporary international law. The traditional division of the sources of International law into custom and treaties has already been supplemented in Article 38 of the Statute of the International Court of Justice by the "general principles of law re cognized by civilized nations" and-as subsidiary sources, the judicial decisions and the teachings of highly qualified publicists. But in order to cope with the diversity of international law in our time, we have to look to a far greater variety of sources of international law, and we shall have to recognize that, in accordance with the many-sided character of international law, these sources may vary greatly in intensity. In recent years, Declaratory Resolutions of the General Assembly have been much concerned with the general princi ples of international law. Sometimes these Declarations are interpre tations of the Charter and other instruments; sometimes they are evi dence of state practice and a developing customary international law ; sometimes they formulate new principles which, in some cases will eventually lead to international treaties or new custom, or in other cases will be accepted as authorative statements of international legal principles, in circumstances where a formal treaty cannot be attained. There are many reasons--often of an internal character-which prevent the conclusion of a treaty but not the acceptance of the principles contained in it.
Author: Vaughan Lowe
Publisher: Routledge
ISBN: 1134887701
Category : Political Science
Languages : en
Pages : 526
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Book Description
With the fall of communism and the appearance of a new world order, it is hoped that the United Nations will become the principle organisation for the regulation of relations between states as well as for the settlement of conflict. The recent crises over Iraq and the continued bloodshed in the former Yugoslavia have ensured a higher profile for the United Nations but have at the same time placed great pressure on that organisation to resolve conflict and organise relations between states in a manner that is acceptable to the international community. The essays collected in this volume are published in conjunction with the International Law Group. Providing valuable statements of the fundamentals of international law from leading authorities, they re-examine the Declaration of Principles of International Law Governing Friendly Relations Between States. The Declaration is the nearest thing that states have to an international constitution and embodies the fundamental values of the international legal system. The great changes in the international system since 1989 hold out the prospect of the reinvigoration of the Charter, perhaps for a new system of international legal relations, and make the reconsideration of the Declaration particularly timely.
Author: Jung-Gun Kim
Publisher: Springer
ISBN: 9401505055
Category : Law
Languages : en
Pages : 167
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Book Description
This monograph is primarily addressed to the problem of avoidance, noncompliance or defiance of obligations related to international organiza tions by members and nonmembers. Structurally, it is a survey of the practices of uncooperative members and nonmembers set against a general statement of the norms of international organizations. Minor disruptions in international affairs evoke conflicts of inter national obligations and state interests. Today, when the problems are grave and the prospects for peace are gloomy, there is an urgent need for scholars and practitioners of international relations to study and reflect upon the implications of prolonged disregard of international obligations during a time in which international organizations are increas ing in numbers and in functions. To provide a systematic framework for this effort is a main purpose of this work. Although the whole range of international organizations provide illus trations of these conflicts, practices within the United Nations system have been the focus of the study. There is no pretense of having made a comprehensive study of every international organization nor is there any claim that the coverage of cases having pertinence to the subject matter goes beyond the minimum required to illustrate these problems. From the many cases available, only those which promised to have most relevance or to provide the best understanding of the conflicts of inter national obligations and state interests were included.
