International Law at a Time of Perplexity

International Law at a Time of Perplexity PDF Author: Yôrām Dinšṭein
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024736546
Category : Law
Languages : en
Pages : 1108

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Book Description
This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility & their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, & circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, & its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers & students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.

International Law at a Time of Perplexity

International Law at a Time of Perplexity PDF Author: Yôrām Dinšṭein
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024736546
Category : Law
Languages : en
Pages : 1108

Get Book Here

Book Description
This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility & their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, & circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, & its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers & students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.

The Perplexities of Modern International Law

The Perplexities of Modern International Law PDF Author: Académie de Droit International de la Ha Staff
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041117465
Category : Law
Languages : en
Pages : 488

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Book Description
The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law," The contents of this volume consist of: - The Perplexities of Modern International Law. General Course on Public International Law by Sh. ROSENNE, former Ambassador of Israel, Jerusalem. To access the abstract texts for this volume please click here

International Law

International Law PDF Author: Malcolm N. Shaw
Publisher: Cambridge University Press
ISBN: 9781139438643
Category : Law
Languages : en
Pages : 1452

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Book Description
This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.

The Genocide Convention

The Genocide Convention PDF Author: John Quigley
Publisher: Routledge
ISBN: 1317030737
Category : Political Science
Languages : en
Pages : 320

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Book Description
The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

Genocide in International Law

Genocide in International Law PDF Author: William Schabas
Publisher: Cambridge University Press
ISBN: 9780521787901
Category : Law
Languages : en
Pages : 644

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Book Description
The 1948 Genocide Convention has suddenly become a vital legal tool in the international campaign against impunity. The succinct provisions of the Convention are now being interpreted in important judgements by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and a growing number of domestic courts. In this definitive work William A. Schabas focuses on the judicial interpretation of the Convention, debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations, and the growing body of case law. Detailed attention is given to the concept of protected groups, to the quantitative dimension of genocide, to problems of criminal prosecution including defenses and complicity, and to issues of international judicial cooperations such as extradition. He also explores the duty to prevent genocide, and the consequences this may have on the emerging law of humanitarian intervention.

International Law for Humankind

International Law for Humankind PDF Author: Antônio Augusto Cançado Trindade
Publisher: BRILL
ISBN: 9004425217
Category : Law
Languages : en
Pages : 770

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Book Description
Fully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.

The Relationship Between State and Individual Responsibility for International Crimes

The Relationship Between State and Individual Responsibility for International Crimes PDF Author: Béatrice I. Bonafè
Publisher: BRILL
ISBN: 9004173315
Category : Law
Languages : en
Pages : 297

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Book Description
This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.

Normative Pluralism and International Law

Normative Pluralism and International Law PDF Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1107036224
Category : Law
Languages : en
Pages : 369

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Book Description
This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.

Portraits of Women in International Law

Portraits of Women in International Law PDF Author: Tallgren
Publisher: Oxford University Press
ISBN: 0198868456
Category : Law
Languages : en
Pages : 561

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Book Description
Current histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law? Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around the world: individuals and groups who imagined, developed, or contested international law; who earned their living in its institutions; or who, even indirectly, may have changed its course. This rich volume calls for a critical identification of the formal and informal institutional practices, norms, and rituals of (white) masculinities, both in the past and in the research of international law today. By abandoning reductive histories, their biased frames, and tacit assumptions, this work brings previously unseen glimpses of international law and its agents, ideas, causes, behaviour, norms, and social practices into the spotlight.

The Treatment of Combatants and Insurgents Under the Law of Armed Conflict

The Treatment of Combatants and Insurgents Under the Law of Armed Conflict PDF Author: Emily Crawford
Publisher: Oxford University Press
ISBN: 0199578966
Category : History
Languages : en
Pages : 239

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Book Description
This book looks at why international law continues to make the legal distinction between persons who participate in an international or an internal armed conflict and, drawing on considerable legal precedent, legal theory, and the situation in Guantanamo Bay, it argues that it is time for the law of armed conflict to be applied more uniformly.