Author: Lukas H. Meyer
Publisher: Cambridge University Press
ISBN: 0521199492
Category : Law
Languages : en
Pages : 333
Book Description
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
The Thin Justice of International Law
Author: Steven R. Ratner
Publisher: OUP Oxford
ISBN: 0191009113
Category : Law
Languages : en
Pages : 515
Book Description
In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
Publisher: OUP Oxford
ISBN: 0191009113
Category : Law
Languages : en
Pages : 515
Book Description
In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
Legitimacy, Justice and Public International Law
Author: Lukas H. Meyer
Publisher: Cambridge University Press
ISBN: 0521199492
Category : Law
Languages : en
Pages : 333
Book Description
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Publisher: Cambridge University Press
ISBN: 0521199492
Category : Law
Languages : en
Pages : 333
Book Description
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Mobilising International Law for 'Global Justice'
Author: Jeff Handmaker
Publisher: Cambridge University Press
ISBN: 1108497942
Category : History
Languages : en
Pages : 265
Book Description
Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.
Publisher: Cambridge University Press
ISBN: 1108497942
Category : History
Languages : en
Pages : 265
Book Description
Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.
Mestizo International Law
Author: Arnulf Becker Lorca
Publisher: Cambridge University Press
ISBN: 1316194051
Category : Law
Languages : en
Pages : 421
Book Description
The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.
Publisher: Cambridge University Press
ISBN: 1316194051
Category : Law
Languages : en
Pages : 421
Book Description
The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.
International Law's Invisible Frames
Author: Andrea Bianchi
Publisher: Oxford University Press
ISBN: 0192847538
Category : Law
Languages : en
Pages : 337
Book Description
This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.
Publisher: Oxford University Press
ISBN: 0192847538
Category : Law
Languages : en
Pages : 337
Book Description
This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.
International Law as a Belief System
Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108421873
Category : Law
Languages : en
Pages : 179
Book Description
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?
Publisher: Cambridge University Press
ISBN: 1108421873
Category : Law
Languages : en
Pages : 179
Book Description
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?
Irresolvable Norm Conflicts in International Law
Author: Valentin Jeutner
Publisher: Oxford University Press
ISBN: 0198808372
Category : Law
Languages : en
Pages : 209
Book Description
Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.
Publisher: Oxford University Press
ISBN: 0198808372
Category : Law
Languages : en
Pages : 209
Book Description
Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.
Humanity's Law
Author: Ruti Teitel
Publisher: Oxford University Press
ISBN: 0199911681
Category : Political Science
Languages : en
Pages : 317
Book Description
In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.
Publisher: Oxford University Press
ISBN: 0199911681
Category : Political Science
Languages : en
Pages : 317
Book Description
In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.
Shocking the Conscience of Humanity
Author: Margaret M. DeGuzman
Publisher:
ISBN: 0198786158
Category : Law
Languages : en
Pages : 241
Book Description
The literature and jurisprudence of international criminal law relies on the claim that international crimes are exceptionally grave. They 'shock the conscience of humanity'. They are 'atrocities'. Yet what makes international crimes especially grave is rarely explained. Addressing the balance, Margaret DeGuzman explains what affect the historical occurrences that led to the heavy reliance on the concept of gravity, including the atrocities of the World War II era, and the crimes of Yugoslavia and Rwanda, had on international law. DeGuzman demonstrates how, in later decades, gravity has been used to obscure controversial value choices. This book looks to build the legitimacy of the international criminal law regime by exposing the value choices that the rhetoric of 'gravity' entails, and poses a new framework for assessing the legitimacy of international criminal law. Instead of solely relying on 'gravity', DeGuzman looks to wider values to ensure the continued legitimacy of international criminal law.
Publisher:
ISBN: 0198786158
Category : Law
Languages : en
Pages : 241
Book Description
The literature and jurisprudence of international criminal law relies on the claim that international crimes are exceptionally grave. They 'shock the conscience of humanity'. They are 'atrocities'. Yet what makes international crimes especially grave is rarely explained. Addressing the balance, Margaret DeGuzman explains what affect the historical occurrences that led to the heavy reliance on the concept of gravity, including the atrocities of the World War II era, and the crimes of Yugoslavia and Rwanda, had on international law. DeGuzman demonstrates how, in later decades, gravity has been used to obscure controversial value choices. This book looks to build the legitimacy of the international criminal law regime by exposing the value choices that the rhetoric of 'gravity' entails, and poses a new framework for assessing the legitimacy of international criminal law. Instead of solely relying on 'gravity', DeGuzman looks to wider values to ensure the continued legitimacy of international criminal law.
International Courts and the Performance of International Agreements
Author: Clifford J. Carrubba
Publisher: Cambridge University Press
ISBN: 1107065720
Category : Law
Languages : en
Pages : 253
Book Description
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
Publisher: Cambridge University Press
ISBN: 1107065720
Category : Law
Languages : en
Pages : 253
Book Description
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.