Strategically Created Treaty Conflicts and the Politics of International Law PDF Download
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Author: Surabhi Ranganathan
Publisher: Cambridge University Press
ISBN: 1316194736
Category : Law
Languages : en
Pages : 483
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Book Description
Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.
Author: Surabhi Ranganathan
Publisher: Cambridge University Press
ISBN: 1316194736
Category : Law
Languages : en
Pages : 483
Get Book Here
Book Description
Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.
Author: Surabhi Ranganathan
Publisher:
ISBN: 9781316202159
Category : International law
Languages : en
Pages : 443
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Book Description
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
Author: Surabhi Ranganathan
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Valentin Jeutner
Publisher: Oxford University Press
ISBN: 0198808372
Category : Law
Languages : en
Pages : 209
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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.
Author: Mark A. Pollack
Publisher: Oxford University Press on Demand
ISBN: 019923728X
Category : Law
Languages : en
Pages : 456
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Book Description
The dispute over genetically modified organisms has brought the US and the EU into conflict. This book examines the dynamic interactions of domestic law and politics, transnational networks, international regimes, and global markets, through a theoretically grounded and empirically comprehensive analysis of the governance of GM foods and crops.
Author: Martti Koskenniemi
Publisher: Bloomsbury Publishing
ISBN: 1847317766
Category : Law
Languages : en
Pages : 388
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Book Description
Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.
Author: Margaret A. Young
Publisher: Cambridge University Press
ISBN: 1139504932
Category : Law
Languages : en
Pages :
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Book Description
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author: Ali Sadat-Akhavi
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041120311
Category : Political Science
Languages : en
Pages : 296
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Book Description
Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues. This work will assist and appeal to both academics in the fields of international law and political science and professionals engaged in international negotiations and treaty-making.
Author: Jan Klabbers
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041102447
Category : Law
Languages : en
Pages : 332
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Book Description
Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, "ex" "hypothesi," treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals. The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.
Author: Guyora Binder
Publisher: Praeger
ISBN:
Category : Education
Languages : en
Pages : 248
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Book Description
One of the first books generated by the new and controversial movement in jurisprudence known as critical legal studies, this superbly written volume explores the problem of treaty conflict in international law: the legal consequences of inconsistent commitments by one nation to two or more others. The author uses this problem as a prism through which he focuses a number of major theoretical issues in international law and international relations. The result is a pathbreaking intellectual history of international law--one grounded in an account of the changing structure of international society and illustrated with a cogent analysis of recent events in the Middle East. Certain to stand as the definitive reference work on treaty conflict, Binder's work provides students and scholars of international relations with an illuminating survey of theories of the state and treaty in international jurisprudence.
