The Paradigm of State Consent in the Law of Treaties PDF Download
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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: 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: Carmen E. Pavel
Publisher: Oxford University Press
ISBN: 0197543898
Category : Business & Economics
Languages : en
Pages : 217
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Book Description
"At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility towards it abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level, namely the promotion of peace, the protection of individual rights, the facilitation of extensive, complex forms of cooperation and the resolution of collective action problems also support the development of law at the international level. The book offers moral and legal reasons for states to improve, strengthen, and further institutionalize the capacity of international law. The argument thus engages in institutional moral reasoning. It also shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice"--
Author: Eliav Lieblich
Publisher: Routledge
ISBN: 1135069212
Category : Law
Languages : en
Pages : 305
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Book Description
This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
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: Natalie Kaufman Hevener
Publisher: Routledge
ISBN: 0429716885
Category : Social Science
Languages : en
Pages : 222
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Book Description
Since 1945 more than 20 international legal instruments dealing specifically with women have been modified or consummated, reflecting a growing international consensus on issues concerning women's role in society. This book is the first complete collection and examination of this group of documents. Dr. Hevener analyzes each of the agreements and assesses its likely impact on the legal status of women. Categorizing the documents according to their goals, she demonstrates the broad range of economic, social, and political concerns they cover and evaluates contemporary patterns and future needs they reveal. The book includes a table of ratifications organized by country and region.
Author: Martti Koskenniemi
Publisher: Routledge
ISBN: 1351548166
Category : Law
Languages : en
Pages : 575
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Book Description
A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
Author: Duncan B. Hollis
Publisher:
ISBN: 019884834X
Category : Law
Languages : en
Pages : 897
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Book Description
This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
Author: Ulf Linderfalk
Publisher: Edward Elgar Publishing
ISBN: 1786439514
Category : Law
Languages : en
Pages : 304
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Book Description
Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.
Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191027286
Category : Law
Languages : en
Pages : 328
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Book Description
International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.
Author: Brian D. Lepard
Publisher: Cambridge University Press
ISBN: 1108107931
Category : Law
Languages : en
Pages :
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Book Description
Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
