Author: Max Hilaire
Publisher: Logos Verlag Berlin GmbH
ISBN: 3832553509
Category : Law
Languages : en
Pages : 295

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Book Description
Developments in International Law, from the Peace of Westphalia to the Post-United Nations Charter

Author: Leila Sadat
Publisher: BRILL
ISBN: 9004479732
Category : Law
Languages : en
Pages : 584

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Book Description
Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.

Author: Georges Abi-Saab
Publisher: Bloomsbury Publishing
ISBN: 1509929908
Category : Law
Languages : en
Pages : 412

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Book Description
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

Author: Amaya Amell
Publisher: Rowman & Littlefield
ISBN: 1793613354
Category : Law
Languages : en
Pages : 141

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Book Description
Francisco de Vitoria and the Evolution of International Law: Justifying Injustice is a reconstruction of the philosophical and legal theories of Fray Francisco de Vitoria, hailed by many as one of the primary founders of international law, and how these served to introduce the theory of an international community in which all nations take part, regardless of religious beliefs. The impact of the conquest of the Americas resulted in a transformation or re-articulation of the Old World’s preconceived notions of human nature and the rights of people and nations. Due to the need for a more universal principle, the theory of international law began to expand. In order to present a perspective on international law and human rights beyond the scope of the Spanish conquest of the Americas, Vitoria’s thoughts are compared to those of Hugo Grotius and John Locke, to show how the issues of natural, human, and divine law evolved through time. Their questioning of the right to invade other countries and subdue their inhabitants brought to light the conflictive relationship between colonial expansion and the law of nations and was an essential part of debates among intellectuals, jurists, and theologians in an attempt to find a way to reconcile these two often-contradictory notions.

Author: Kate Parlett
Publisher: Cambridge University Press
ISBN: 1139499971
Category : Law
Languages : en
Pages : 463

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Book Description
Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

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: Eirik Bjørge
Publisher:
ISBN: 0198716141
Category : Law
Languages : en
Pages : 241

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Book Description
If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

Author: Matthias Ruffert
Publisher: sellier. european law publ.
ISBN: 3935808917
Category : Administrative law
Languages : en
Pages : 335

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Book Description
"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.

Author: Wei Jia
Publisher: Praeger
ISBN:
Category : Business & Economics
Languages : en
Pages : 222

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Book Description
China is engaged in a major evolutionary economic change. Foreign direct investment (FDI) participation has been and will continue to be the driving force behind this change well into the next century. This book presents to Western business and legal communities a comprehensive picture of the prevailing Chinese foreign investment climate. More important, it provides keen insight into the ways China must move to improve its laws and policies.

Author: Balakrishnan Rajagopal
Publisher: Cambridge University Press
ISBN: 1139438239
Category : Political Science
Languages : en
Pages : 363

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Book Description
The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.