Towards an International Law of Co-progressiveness, Part II

Towards an International Law of Co-progressiveness, Part II PDF Author: Sienho Yee
Publisher: Martinus Nijhoff Publishers
ISBN: 9004289224
Category : Law
Languages : en
Pages : 398

Get Book Here

Book Description
Expanding upon the normative position of co-progressiveness elaborated in Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.

Towards an International Law of Co-progressiveness, Part II

Towards an International Law of Co-progressiveness, Part II PDF Author: Sienho Yee
Publisher: Martinus Nijhoff Publishers
ISBN: 9004289224
Category : Law
Languages : en
Pages : 398

Get Book Here

Book Description
Expanding upon the normative position of co-progressiveness elaborated in Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.

Towards an International Law of Co-Progressiveness

Towards an International Law of Co-Progressiveness PDF Author: Sienho Yee
Publisher: Martinus Nijhoff Publishers
ISBN: 9004138293
Category : Law
Languages : en
Pages : 321

Get Book Here

Book Description
Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates. This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.

United Nations Yearbook of the International Law Commission

United Nations Yearbook of the International Law Commission PDF Author: United Nations. International Law Commission
Publisher:
ISBN:
Category : International law
Languages : en
Pages :

Get Book Here

Book Description


Treaty Interpretation

Treaty Interpretation PDF Author: Richard K. Gardiner
Publisher: Oxford University Press, USA
ISBN: 0199669236
Category : Law
Languages : en
Pages : 577

Get Book Here

Book Description
The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

Making Human Dignity Central to International Human Rights Law

Making Human Dignity Central to International Human Rights Law PDF Author: Matthew McManus
Publisher: University of Wales Press
ISBN: 1786834650
Category : Law
Languages : en
Pages : 266

Get Book Here

Book Description
In recent years, there has been an explosion of writing on the topic of human dignity across a plethora of different academic disciplines. Despite this explosion of interest, there is one group – critical legal scholars – that has devoted little if any attention to human dignity. This book argues that these scholars should attend to human dignity, a concept rich enough to support a whole range of progressive ambitions, particularly in the field of international law. It synthesizes certain liberal arguments about the good of self-authorship with the critical legal philosophy of Roberto Unger and the capabilities approach to agency of Amartya Sen, to formulate a unique conception of human dignity. The author argues how human dignity flows from an individual’s capacity for self-authorship as defined by the set of expressive capabilities s/he possesses, and the book demonstrates how this conception can enrich our understanding of international human rights law by making the amplification of human dignity its fundamental orientation.

The International Rule of Law

The International Rule of Law PDF Author: Heike Krieger
Publisher:
ISBN: 0198843607
Category : Law
Languages : en
Pages : 401

Get Book Here

Book Description
Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.

Searching for Contemporary Legal Thought

Searching for Contemporary Legal Thought PDF Author: Justin Desautels-Stein
Publisher: Cambridge University Press
ISBN: 1108365221
Category : Law
Languages : en
Pages : 596

Get Book Here

Book Description
For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

The Rights of Refugees under International Law

The Rights of Refugees under International Law PDF Author: James C. Hathaway
Publisher: Cambridge University Press
ISBN: 1108495893
Category : Law
Languages : en
Pages : 1453

Get Book Here

Book Description
The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.

Selected Essays

Selected Essays PDF Author: Aron Broches
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792329060
Category : Political Science
Languages : en
Pages : 568

Get Book Here

Book Description
Aron Broches is a Dutch international lawyer and official. He was present at the Bretton Woods Monetary and Financial Conference in 1944 and he started work at the World Bank in 1946, where he stayed for over 30 years. While there he created the mechanisms for the settlement of disputes between States and foreign investors leading to the formation of the International Centre for Settlement of Investment Disputes (ICSID) in 1967.

The Right to Life in International Law

The Right to Life in International Law PDF Author: Bertie G. Ramcharan
Publisher: BRILL
ISBN: 9004482296
Category : Law
Languages : en
Pages : 383

Get Book Here

Book Description