Author: Martti Koskenniemi
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111302
Category : Law
Languages : en
Pages : 532
Book Description
Despite its Finnish initiative and pedigrees, "The Finnish Yearbook of International Law" does not restrict itself to purely 'Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. "The Finnish Yearbook of International Law" annually publishes, in both English and French, articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offerings include: - longer articles of a theoretical nature, exploring new avenues and approaches; - shorter polemics; - commentaries on current international law developments; - book reviews; and - documentation of relevance to Finland's foreign relations not easily available elsewhere. "The Finnish Yearbook" offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.
The Finnish Yearbook of International Law 1997
Author: Martti Koskenniemi
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111302
Category : Law
Languages : en
Pages : 532
Book Description
Despite its Finnish initiative and pedigrees, "The Finnish Yearbook of International Law" does not restrict itself to purely 'Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. "The Finnish Yearbook of International Law" annually publishes, in both English and French, articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offerings include: - longer articles of a theoretical nature, exploring new avenues and approaches; - shorter polemics; - commentaries on current international law developments; - book reviews; and - documentation of relevance to Finland's foreign relations not easily available elsewhere. "The Finnish Yearbook" offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111302
Category : Law
Languages : en
Pages : 532
Book Description
Despite its Finnish initiative and pedigrees, "The Finnish Yearbook of International Law" does not restrict itself to purely 'Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. "The Finnish Yearbook of International Law" annually publishes, in both English and French, articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offerings include: - longer articles of a theoretical nature, exploring new avenues and approaches; - shorter polemics; - commentaries on current international law developments; - book reviews; and - documentation of relevance to Finland's foreign relations not easily available elsewhere. "The Finnish Yearbook" offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.
The Finnish Yearbook of International Law
Author:
Publisher:
ISBN:
Category : Finland
Languages : en
Pages : 408
Book Description
Publisher:
ISBN:
Category : Finland
Languages : en
Pages : 408
Book Description
The Law of Treaties
Author: Scott Davidson
Publisher: Routledge
ISBN: 1351543040
Category : History
Languages : en
Pages : 606
Book Description
The centrality of treaties to the international legal system requires little emphasis. Not only is the treaty a source of law that the International Court of Justice (ICJ) is bound to apply when resolving international disputes, but it is also the medium through which the vast preponderance of international legal intercourse is now conducted. The essays contained in this informative volume disclose a wide variety of opinion on a broad range of issues concerning the conclusion, application and termination of treaties.
Publisher: Routledge
ISBN: 1351543040
Category : History
Languages : en
Pages : 606
Book Description
The centrality of treaties to the international legal system requires little emphasis. Not only is the treaty a source of law that the International Court of Justice (ICJ) is bound to apply when resolving international disputes, but it is also the medium through which the vast preponderance of international legal intercourse is now conducted. The essays contained in this informative volume disclose a wide variety of opinion on a broad range of issues concerning the conclusion, application and termination of treaties.
After Meaning
Author: d’Aspremont, Jean
Publisher: Edward Elgar Publishing
ISBN: 1802200924
Category : Law
Languages : en
Pages : 168
Book Description
Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.
Publisher: Edward Elgar Publishing
ISBN: 1802200924
Category : Law
Languages : en
Pages : 168
Book Description
Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.
The EU Maritime Safety Policy and International Law
Author: Henrik Ringbom
Publisher: BRILL
ISBN: 9047444965
Category : Law
Languages : en
Pages : 620
Book Description
This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions is bound to create tensions with the related international conventions and with well-established principles of international law. This study assesses how the EU has acted as a flag State, port State and coastal State and measures the trends in this development against the international legal framework. More detailed legal analyses are offered for specific aspects of EU legislation that are considered to be particularly interesting from an international law point of view. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.
Publisher: BRILL
ISBN: 9047444965
Category : Law
Languages : en
Pages : 620
Book Description
This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions is bound to create tensions with the related international conventions and with well-established principles of international law. This study assesses how the EU has acted as a flag State, port State and coastal State and measures the trends in this development against the international legal framework. More detailed legal analyses are offered for specific aspects of EU legislation that are considered to be particularly interesting from an international law point of view. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.
Formalism and the Sources of International Law
Author: Jean d'Aspremont
Publisher: OUP Oxford
ISBN: 0191504823
Category : Law
Languages : en
Pages : 285
Book Description
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.
Publisher: OUP Oxford
ISBN: 0191504823
Category : Law
Languages : en
Pages : 285
Book Description
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.
Institutional Legacies of Communism
Author: Karl Cordell
Publisher: Routledge
ISBN: 1135036667
Category : Political Science
Languages : en
Pages : 270
Book Description
Twenty years after the demise of communist policy, this book evaluates the continuing communist legacies in the current minority protection systems and legislations across a number of states in post-communist Europe. The fall of communism and the process of democratisation across post-communist Europe led to considerable change in minority protection with new systems and national political institutions either developed or copied. In general, the new institutions reflected the practices and experiences of (western) European states and were installed upon advice from European security organisations. Yet many ideas, legislative frameworks, policies and practices remained open to interpretation on the ground. With case studies on a diverse set of post-communist polities including Slovakia, Bosnia, Macedonia, Ukraine, Estonia, Croatia, the Baltic States and Russia, expert contributors consider how the institutional legacies of the communist past impact on policies designed to support minority communities in the new European democracies. Providing unique empirical material and comparative analyses of ethnocultural diversity management during and after communism, this book will be of interest to students and scholars of international relations, European politics, political geography, post-communism, ethnic politics, nationalism and national identity.
Publisher: Routledge
ISBN: 1135036667
Category : Political Science
Languages : en
Pages : 270
Book Description
Twenty years after the demise of communist policy, this book evaluates the continuing communist legacies in the current minority protection systems and legislations across a number of states in post-communist Europe. The fall of communism and the process of democratisation across post-communist Europe led to considerable change in minority protection with new systems and national political institutions either developed or copied. In general, the new institutions reflected the practices and experiences of (western) European states and were installed upon advice from European security organisations. Yet many ideas, legislative frameworks, policies and practices remained open to interpretation on the ground. With case studies on a diverse set of post-communist polities including Slovakia, Bosnia, Macedonia, Ukraine, Estonia, Croatia, the Baltic States and Russia, expert contributors consider how the institutional legacies of the communist past impact on policies designed to support minority communities in the new European democracies. Providing unique empirical material and comparative analyses of ethnocultural diversity management during and after communism, this book will be of interest to students and scholars of international relations, European politics, political geography, post-communism, ethnic politics, nationalism and national identity.
International Law and Changing Perceptions of Security
Author: Jonas Ebbesson
Publisher: Hotei Publishing
ISBN: 9004274588
Category : Law
Languages : en
Pages : 372
Book Description
The traditional conception of security as national security against military threats has changed radically since the adoption of the UN Charter in 1945. The perceived nature and sources of threats have been widened as well as the objects of protection, now including individuals, societies, the environment as such and the whole globe. In International Law and Changing Perceptions of Security the contributors reflect on whether and how changing concepts and conceptions of security have affected different fields of international law, such as the use of force, the law of the sea, human rights, international environmental law and international humanitarian law. The authors of this book have been inspired by Professor Said Mahmoudi to which this Liber Amoricum is dedicated.
Publisher: Hotei Publishing
ISBN: 9004274588
Category : Law
Languages : en
Pages : 372
Book Description
The traditional conception of security as national security against military threats has changed radically since the adoption of the UN Charter in 1945. The perceived nature and sources of threats have been widened as well as the objects of protection, now including individuals, societies, the environment as such and the whole globe. In International Law and Changing Perceptions of Security the contributors reflect on whether and how changing concepts and conceptions of security have affected different fields of international law, such as the use of force, the law of the sea, human rights, international environmental law and international humanitarian law. The authors of this book have been inspired by Professor Said Mahmoudi to which this Liber Amoricum is dedicated.
Sovereignty in the Exercise of the Right to Self-Determination
Author: Jane A. Hofbauer
Publisher: BRILL
ISBN: 900432870X
Category : Law
Languages : en
Pages : 379
Book Description
Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
Publisher: BRILL
ISBN: 900432870X
Category : Law
Languages : en
Pages : 379
Book Description
Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
The Persistent Objector Rule in International Law
Author: James A. Green
Publisher: Oxford University Press
ISBN: 0191009571
Category : Law
Languages : en
Pages : 391
Book Description
The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
Publisher: Oxford University Press
ISBN: 0191009571
Category : Law
Languages : en
Pages : 391
Book Description
The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.