The Position of the Individual in International Law according to Grotius and Vattel PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Position of the Individual in International Law according to Grotius and Vattel PDF full book. Access full book title The Position of the Individual in International Law according to Grotius and Vattel by Peter Pavel Remec. Download full books in PDF and EPUB format.
Author: Peter Pavel Remec
Publisher: Springer Science & Business Media
ISBN: 9401510156
Category : Law
Languages : en
Pages : 269
Get Book Here
Book Description
According to democratic theory the state is for man not man for the state. This theory has been implemented by bills of rights in many national constitutions giving the individual a legal opportunity to redress abuses by his state. In Federal Consti tutions, however, difficulties have been faced when central au thority seeks to enforce the standards of the constitution against the legislation and customs of the constituent states. The latter habitually resist, proclaiming the virtues of horne rule and local self-govemment, also supported by democratic theory. Thus the opposition of man versus the state develops into a double op position of man versus the state and the state versus the super state. To what extent should the super-state take the part of man demanding respect for human rights, or of the state demand ing self-govemment, when the two conflict? The failure to solve this problem precipitated the American Civil War and continues to agitate American politics. Should the human right of equal educational opportunities prevail over the "State's Right" of autonomy in the organization of its schools? The same problem appears in more virulent form in the efforts of the United Nations to "promote respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion" without "intervening in matters which are essentially within the domestic jurisdiction of any state.
Author: Peter Pavel Remec
Publisher: Springer Science & Business Media
ISBN: 9401510156
Category : Law
Languages : en
Pages : 269
Get Book Here
Book Description
According to democratic theory the state is for man not man for the state. This theory has been implemented by bills of rights in many national constitutions giving the individual a legal opportunity to redress abuses by his state. In Federal Consti tutions, however, difficulties have been faced when central au thority seeks to enforce the standards of the constitution against the legislation and customs of the constituent states. The latter habitually resist, proclaiming the virtues of horne rule and local self-govemment, also supported by democratic theory. Thus the opposition of man versus the state develops into a double op position of man versus the state and the state versus the super state. To what extent should the super-state take the part of man demanding respect for human rights, or of the state demand ing self-govemment, when the two conflict? The failure to solve this problem precipitated the American Civil War and continues to agitate American politics. Should the human right of equal educational opportunities prevail over the "State's Right" of autonomy in the organization of its schools? The same problem appears in more virulent form in the efforts of the United Nations to "promote respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion" without "intervening in matters which are essentially within the domestic jurisdiction of any state.
Author: Peter Pavel Remec
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: Peter Pavel Remec
Publisher:
ISBN:
Category :
Languages : en
Pages : 260
Get Book Here
Book Description
Author: Lyal S. Sunga
Publisher: BRILL
ISBN: 9004479848
Category : Law
Languages : en
Pages : 252
Get Book Here
Book Description
What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.
Author: Ernst Reibstein
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Anne Peters
Publisher: Oxford University Press
ISBN: 0198898916
Category : Law
Languages : en
Pages : 449
Get Book Here
Book Description
The Individual in International Law collects the work of esteemed scholars to examine the effects of humanisation on international law, and how individual status, rights, and obligations have changed the international legal system throughout history and into the present day.
Author: Emer de Vattel
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668
Get Book Here
Book Description
Author:
Publisher: Oxford University Press
ISBN: 0198898940
Category : Law
Languages : en
Pages : 449
Get Book Here
Book Description
Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Author: Gustavo Gozzi
Publisher: Cambridge University Press
ISBN: 1108474233
Category : History
Languages : en
Pages : 409
Get Book Here
Book Description
Illustrates the origin and ways of Western hegemony over other civilizations across the world.
Author: Christoph A. Stumpf
Publisher: Walter de Gruyter
ISBN: 3110886162
Category : Religion
Languages : en
Pages : 273
Get Book Here
Book Description
In this book Christoph Stumpf investigates theological influences upon the legal theory of Hugo Grotius (1583-1645), who is regarded by many as the "father of modern international law". The author analyses how Grotius has contributed to the transformation and further development of international law from its roots in Christian theology to a trans-religious law of nations. From the theological substance in Grotius' views on international relations the author concludes that Grotius' legal theory can be perceived as a theological system of international law.
