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Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
ISBN: 0190642726
Category : Law
Languages : en
Pages : 305
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Book Description
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
ISBN: 0190642726
Category : Law
Languages : en
Pages : 305
Get Book Here
Book Description
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author: Lisbeth Zimmermann
Publisher: Oxford University Press
ISBN: 0198873298
Category : Political Science
Languages : en
Pages : 305
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Book Description
International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the moratorium on commercial whaling, and the duty to prosecute institutionalized in the International Criminal Court. It also includes two historical case studies - privateering and the transatlantic slave trade. This book provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.
Author:
Publisher:
ISBN: 9780199855377
Category : Jus cogens (International law)
Languages : en
Pages : 410
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Book Description
Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the 'legalisation' and 'transnational activist' approaches, and argue that both are limited by their focus on international rules as outcomes.
Author: Anselmo Reyes
Publisher: Cambridge University Press
ISBN: 1108490603
Category : Law
Languages : en
Pages : 545
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Book Description
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
Author: Hersch Lauterpacht
Publisher: OUP Oxford
ISBN: 0191018465
Category : Law
Languages : en
Pages : 1759
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Book Description
The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.
Author: Richard Price
Publisher: Cambridge University Press
ISBN: 110896768X
Category : Political Science
Languages : en
Pages : 144
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Book Description
Research on international norms has yet to answer satisfactorily some of our own most important questions about the origins of norms and the conditions under which some norms win out over others. The authors argue that international relations (IR) theorists should engage more with research in moral psychology and neuroscience to advance theories of norm emergence and resonance. This Element first provides an overview of six areas of research in neuroscience and moral psychology that hold particular promise for norms theorists and international relations theory more generally. It next surveys existing literature in IR to see how literature from moral psychology is already being put to use, and then recommends a research agenda for norms researchers engaging with this literature. The authors do not believe that this exchange should be a one-way street, however, and they discuss various ways in which the IR literature on norms may be of interest and of use to moral psychologists, and of use to advocacy communities.
Author: Jeffrey L. Dunoff
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1088
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Book Description
International Law: Norms, Actors, Process: A Problem-Oriented Approach , now in its Third Edition , uses an interdisciplinary approach and real-world problems to illustrate the law in action and encourage students to think more deeply about global
Author: Friedrich V. Kratochwil
Publisher: Cambridge University Press
ISBN: 9780521409711
Category : Law
Languages : en
Pages : 332
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Book Description
This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).
Author: Lisbeth Zimmermann
Publisher: Oxford University Press
ISBN: 0198873239
Category : Law
Languages : en
Pages : 305
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Book Description
International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the duty to prosecute institutionalized in the International Criminal Court, and the moratorium on commercial whaling. It also includes two historical case studies - privateering and the transatlantic slave trade. This scholarly volume provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors clearly demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.
Author: Audie Klotz
Publisher: Cornell University Press
ISBN: 9780801486036
Category : History
Languages : en
Pages : 204
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Book Description
The author explores why a large number of international organizations adopted sanctions against the apartheid regime in South Africa despite strategic and economic interests that had fostered strong ties with it in the past. She argues that the emergence of the norm of racial equality is the reason.
