New Political Entities in Public and Private International Law PDF Download
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Author: Amos Shapira
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111555
Category : Law
Languages : en
Pages : 454
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Book Description
Part II: Human rights.
Author: Amos Shapira
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111555
Category : Law
Languages : en
Pages : 454
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Book Description
Part II: Human rights.
Author: Horatia Muir Watt
Publisher:
ISBN: 0198727623
Category : Law
Languages : en
Pages : 401
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Book Description
Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
Author: Amos Shapira
Publisher: BRILL
ISBN: 9004639810
Category : Law
Languages : en
Pages : 442
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Book Description
New political entities usually come into being in the midst of political wrangling, often accompanied by security problems and, not infrequently, violence. This book, taking the Israeli-Palestinian conflict as its starting point, goes on to deal with the general problems of new entities, including such core concepts as sovereignty, autonomy and legal personality. In exploring human rights issues, the complex notions of nationality and minority rights are examined. On a more practical level, several authors inquire into issues of legal assistance in civil and criminal matters, security arrangements, fiscal and monetary policies, foreign investment guarantees, economic privatization, and transboundary water pollution. On many of these topics, German and European legal experience is introduced to shed a useful comparative light. Altogether, this volume represents an attempt to provide a primer for those responsible for, or interested in, the various aspects of new political entities at the end of the second millennium.
Author: Emer de Vattel
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668
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Book Description
Author: Martti Koskenniemi
Publisher: Bloomsbury Publishing
ISBN: 1847317766
Category : Law
Languages : en
Pages : 388
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Book Description
Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.
Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1108842208
Category : Law
Languages : en
Pages : 423
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Book Description
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
Author: United Nations. International Law Commission
Publisher:
ISBN: 9789521023378
Category : Conflict of laws
Languages : en
Pages : 306
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Book Description
Author: Susan K. Sell
Publisher: Cambridge University Press
ISBN: 9780521525398
Category : Business & Economics
Languages : en
Pages : 244
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Book Description
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Author: Onuma Yasuaki
Publisher: Cambridge University Press
ISBN: 1107024730
Category : Law
Languages : en
Pages : 733
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Book Description
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
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.
