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Author: International Law Association. Conference
Publisher:
ISBN: 9780415565219
Category : LAW
Languages : en
Pages : 0
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Book Description
This book explores the implications of a multipolar world for the development of international law, including contributions from Nigel White, Alexander Orakhelashvili and Christian Pippan. The contributions explore issues including the use of force, governance, regionalism and the relevance of the UN, considering the relationship between power and law.
Author: International Law Association. Conference
Publisher:
ISBN: 9780415565219
Category : LAW
Languages : en
Pages : 0
Get Book Here
Book Description
This book explores the implications of a multipolar world for the development of international law, including contributions from Nigel White, Alexander Orakhelashvili and Christian Pippan. The contributions explore issues including the use of force, governance, regionalism and the relevance of the UN, considering the relationship between power and law.
Author: American Society of International Law. Meeting
Publisher:
ISBN:
Category :
Languages : en
Pages : 560
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Book Description
Author: American Society of International Law. Annual Meeting
Publisher:
ISBN:
Category :
Languages : en
Pages : 560
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Book Description
Author: Feng Zhongping
Publisher:
ISBN:
Category : Peace-building
Languages : en
Pages : 140
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Onuma Yasuaki
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186891
Category : Law
Languages : en
Pages : 493
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Book Description
The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.
Author: Matthew Happold
Publisher: Routledge
ISBN: 1136631585
Category : Law
Languages : en
Pages : 344
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Book Description
This book explores the implications of a multipolar world for the development of international law, including contributions from Nigel White, Alexander Orakhelashvili and Christian Pippan. The contributions explore issues including the use of force, governance, regionalism and the relevance of the UN, considering the relationship between power and law.
Author: Sunklan Porwal
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
International law basically comprises of rules and principles which govern the relations and dealings of nations with each other. It establishes the framework and the criteria for indentifying states as the principal actors in the international legal system. International also concerned with group rights, treatment of aliens, rights of refugees, international crimes, rationality problem, self-determination and Human rights generally. It further focuses on area like maintenance of international peace and security, arms control, the pacific settlement of disputes and regulation of the use of force in international relations, it is seen that even when the law is not able to stop the outbreak of war, it has developed principles to govern the conduct of hostilities and the treatment of prisoners. At present application of international law has touched almost all corner of law including global environment, the global commons such as international waters, outer space, global communications and world trade. Whilst municipal law is hierarchical in its structure, international law is horizontal in nature. This means that all states are sovereign and theoretically equal. It purposes was to regulate diplomatic relations between states in a judicial way on the basis of mutual respect of national sovereignty. Many contemporary theories approach international law-making with a shift in emphasis from the sources of law towards the broad range of fundamental issues, from sustainable development, environment and refugees protection, disaster relief, counter terrorism, disarmament and non-proliferation, to promoting democracy and human rights etc.
Author: Alan Boyle
Publisher: OUP Oxford
ISBN: 0191021768
Category : Law
Languages : en
Pages : 368
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Book Description
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.
Author: Eric A. Posner
Publisher: University of Chicago Press
ISBN: 0226675920
Category : Political Science
Languages : en
Pages : 286
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Book Description
The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.
