Research Handbook on the Theory and Practice of International Lawmaking PDF Download
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Author: Catherine Brölmann
Publisher: Edward Elgar Publishing
ISBN: 1781953228
Category : Law
Languages : en
Pages : 503
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Book Description
The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.
Author: Catherine Brölmann
Publisher: Edward Elgar Publishing
ISBN: 1781953228
Category : Law
Languages : en
Pages : 503
Get Book Here
Book Description
The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.
Author: Aust, Helmut P.
Publisher: Edward Elgar Publishing
ISBN: 1788973283
Category : Law
Languages : en
Pages : 501
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Book Description
This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.
Author: Susan Harris Rimmer
Publisher: Edward Elgar Publishing
ISBN: 1785363921
Category : Feminism
Languages : en
Pages : 587
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Book Description
For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.
Author: Gian Luca Burci
Publisher: Edward Elgar Publishing
ISBN: 1785366548
Category : Law
Languages : en
Pages : 576
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Book Description
The effect of Globalization on health has attracted the attention of scholars and policy makers across multiple disciplines. A key concern is the regulation of international health protection, and in particular the use of international health instruments and the complex interaction between international law and health considerations. For the first time, a group of law and policy scholars have analysed these issues, drawing on knowledge from their respective fields. The resulting book provides comprehensive coverage of contemporary issues in global health law and governance.
Author: Samantha Besson
Publisher: Cambridge University Press
ISBN: 1009406469
Category : Law
Languages : en
Pages : 393
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Book Description
The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions.
Author: Astrid Kjeldgaard-Pedersen
Publisher: Oxford University Press
ISBN: 0192552341
Category : Law
Languages : en
Pages : 486
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Book Description
This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.
Author: Ciara Laverty
Publisher: BRILL
ISBN: 900468784X
Category : Law
Languages : en
Pages : 412
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Book Description
This book explores the normative dimensions of the acts that constitute international crimes. The book conceptualises the normative dimensions of these acts as processes of construction and meaning making. Developing a novel methodological approach, it identifies the narratives and discourses that emerge in practice as central for understanding the normative meanings of these acts. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies, the book offers a historical, conceptual, and discursive analysis of these crimes to develop a dynamic, pluralist and socially constructed account of wrong in international criminal law.
Author: Emily Crawford
Publisher: Oxford University Press
ISBN: 0198819854
Category : Law
Languages : en
Pages : 305
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Book Description
This series emerged through the vision of the late Antonio Cassese. Since then the series has published original and innovative works on challenging issues in international humanitarian law and international criminal justice, primarily by emerging authors. Given the ever-growing intersection of these areas with other fields of international law such as the jus ad bellum, and disciplines such as criminology, sociology, and history, the scope of the series also incorporates these perspectives. Fresh approaches and new ideas for improving conceptual and practical challenges are welcomed. The series editors encourage submissions from around the world, and will consider edited collections, although the primary focus is on authored works. Book jacket.
Author: Vassilis Pergantis
Publisher: Edward Elgar Publishing
ISBN: 1786432234
Category : Law
Languages : en
Pages : 513
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Book Description
The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.
Author: Emmanuel Roucounas
Publisher: BRILL
ISBN: 9004385363
Category : Law
Languages : en
Pages : 731
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Book Description
This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.
