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Author: John S. Gibson
Publisher: Bloomsbury Publishing USA
ISBN: 031338889X
Category : Political Science
Languages : en
Pages : 285
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Book Description
Since World War II, remarkable progress has been made toward establishing more effective international laws and organizations to reduce opportunities for confrontation and conflict, and to enhance the pursuit of security and well-being. This book offers a detailed record of that progress, as well as its meaning for our times and those ahead. Taking a historical, theoretical, and case-study approach, John Gibson provides the reader with a broad understanding of how international organizations evolved to serve the interests of their member states, how the constitutional charters of organizations provide a coherent statement of goals and means to goals, and how these organizations are assuming increasing authority in the international system. The work traces the progression of international constitutional and human rights law, with an emphasis on the past 45 years. In the first part, Gibson discusses the historic processes of political relations and mutual reliance; the evolution of these patterns through World War II; the subsequent history of the United Nations; the prime goals of international constitutional law; and the organizations' range of authority--from the high state to the supra-organization level. Part two offers a case study of the progression of international human rights law. Separate chapters trace the history of human rights in religion and philosophy and the role of the state in international law, while the concluding chapter on the United Nations Commission on Human Rights demonstrates how organizations actually function. This book will be a valuable resource for courses in international relations and international law, as well as an important addition to academic and professional libraries.
Author: John S. Gibson
Publisher: Bloomsbury Publishing USA
ISBN: 031338889X
Category : Political Science
Languages : en
Pages : 285
Get Book Here
Book Description
Since World War II, remarkable progress has been made toward establishing more effective international laws and organizations to reduce opportunities for confrontation and conflict, and to enhance the pursuit of security and well-being. This book offers a detailed record of that progress, as well as its meaning for our times and those ahead. Taking a historical, theoretical, and case-study approach, John Gibson provides the reader with a broad understanding of how international organizations evolved to serve the interests of their member states, how the constitutional charters of organizations provide a coherent statement of goals and means to goals, and how these organizations are assuming increasing authority in the international system. The work traces the progression of international constitutional and human rights law, with an emphasis on the past 45 years. In the first part, Gibson discusses the historic processes of political relations and mutual reliance; the evolution of these patterns through World War II; the subsequent history of the United Nations; the prime goals of international constitutional law; and the organizations' range of authority--from the high state to the supra-organization level. Part two offers a case study of the progression of international human rights law. Separate chapters trace the history of human rights in religion and philosophy and the role of the state in international law, while the concluding chapter on the United Nations Commission on Human Rights demonstrates how organizations actually function. This book will be a valuable resource for courses in international relations and international law, as well as an important addition to academic and professional libraries.
Author: Jan Klabbers
Publisher: OUP Oxford
ISBN: 0191615919
Category : Law
Languages : en
Pages : 414
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Book Description
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Author: Jan Klabbers
Publisher: Edward Elgar Publishing
ISBN: 0857931296
Category : Political Science
Languages : en
Pages : 545
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Book Description
This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations.The approach of this book is taken from a novel perspective: that of the tension between functionalism and constitutionalism. In doing so, this Handbook presents not only practically relevant information, but also provides a tool for understanding the ways in which internationalorganizations work. It has separate chapters on specific 'constitutional' topics and on two specific organizations: the EU and the UN. Research Handbook on the Law of international Organizations will be of particular interest to academics and graduate students in the fields ofinternational law, international politics and international relations.
Author: Andrea Bianchi
Publisher: Cambridge University Press
ISBN: 1107470242
Category : Law
Languages : en
Pages : 641
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Book Description
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Author: Bardo Fassbender
Publisher: BRILL
ISBN: 9047428552
Category : Business & Economics
Languages : en
Pages : 227
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Book Description
The “constitutionalization” of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from “classical” international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.
Author: Ronald St. John Macdonald
Publisher: BRILL
ISBN: 9047415914
Category : Law
Languages : en
Pages : 986
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Book Description
The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the need to set new priorities in the development of international law. To that end it seems timely to reconsider the case for strengthening the constitutional framework of norms and institutions that seemed to offer the promise of fulfillment in the second half of the 20th century. The post-Cold War euphoria of the 1990s has virtually evaporated under the stress of new concerns at a time when states comprising the UN system are no longer capable of addressing these challenges. Towards World Constitutionalism argues the case for a more ‘constitutionalized’ system of international law and diplomacy. It is published at a time that the call for reform of the United Nations has become more insistent than at any time in its 60-year history. Even those most faithful to the purposes and principles enunciated in the Charter have had to admit to concerns about the management of certain sectors of the organization; and most concede the unrepresentative character of the powerful Security Council granted legal supremacy as the enforcer of international peace and security. Many go further and complain of unconscionable political bias in the General Assembly and in certain, over politicized, agencies. This collection of essays, by a selection of distinguished scholars representing various traditions of international law, constitutes a major contribution to this debate. It is an important resource for scholars and practitioners, and for all those concerned with the future of international law, and the world community.
Author: Mahnoush H. Arsanjani
Publisher: BRILL
ISBN: 9047427076
Category : Law
Languages : en
Pages : 1118
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Book Description
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.The result is a volume of outstanding scholarship that will appeal to all those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.
Author: Ronald MacDonald
Publisher: Brill Nijhoff
ISBN: 9789004146129
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the need to set new priorities in the development of international law. To that end it seems timely to reconsider the case for strengthening the constitutional framework of norms and institutions that seemed to offer the promise of fulfillment in the second half of the 20th century. The post-Cold War euphoria of the 1990s has virtually evaporated under the stress of new concerns at a time when states comprising the UN system are no longer capable of addressing these challenges. Towards World Constitutionalism argues the case for a more 'constitutionalized' system of international law and diplomacy. It is published at a time that the call for reform of the United Nations has become more insistent than at any time in its 60-year history. Even those most faithful to the purposes and principles enunciated in the Charter have had to admit to concerns about the management of certain sectors of the organization; and most concede the unrepresentative character of the powerful Security Council granted legal supremacy as the enforcer of international peace and security. Many go further and complain of unconscionable political bias in the General Assembly and in certain, over politicized, agencies. This collection of essays, by a selection of distinguished scholars representing various traditions of international law, constitutes a major contribution to this debate. It is an important resource for scholars and practitioners, and for all those concerned with the future of international law, and the world community.
Author: Anne Peters
Publisher: Cambridge University Press
ISBN: 1107164303
Category : Law
Languages : en
Pages : 645
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Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author: Cedric Ryngaert
Publisher: Oxford University Press
ISBN: 019106131X
Category : Law
Languages : en
Pages : 845
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Book Description
With the rising relevance of international organizations in international affairs, and the general turn to litigation to settle disputes, international institutional law issues have increasingly become the subject of litigation, before both international and domestic courts. The judicial treatment of this field of international law is addressed in Judicial Decisions on the Law of International Organizations through commentary on excerpts of the most prominent international and domestic judicial decisions that are relevant to the law of international organizations, providing in-depth analysis of judicial decisions. The commentaries written and edited by leading experts in the field of international institutional law, they are opinionated and critically engage with the decision in question, with commentators' and stakeholders' reactions thereto, and with later decisions, codifications, and reports.
