Theories of Compliance with International Law

Theories of Compliance with International Law PDF Author: Mark G. Burgstaller
Publisher: BRILL
ISBN: 9047406761
Category : Law
Languages : en
Pages : 242

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Book Description
This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.

Theories of Compliance with International Law

Theories of Compliance with International Law PDF Author: Mark G. Burgstaller
Publisher: BRILL
ISBN: 9047406761
Category : Law
Languages : en
Pages : 242

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Book Description
This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.

Theories of Compliance with International Law

Theories of Compliance with International Law PDF Author: Markus Burgstaller
Publisher: Brill Nijhoff
ISBN:
Category : Law
Languages : en
Pages : 252

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Book Description
To find the reasons countries comply with international law despite the lack of a coercive power forcing them to do so, Burgstaller (Vienna University School of Law) first considers the influence of changing economic, political and social environments and of contemporary philosophies on compliance theory. He also discusses norms and theories of norm compliance. He approaches his analysis of contemporary compliance theories, such as those by Hanspeter Neuhold, Thomas Franck, Anne-Marie Slaughter and Andrew Moravcsik, by examining the political theory on which each author relies. Burgstaller concludes with an argument for a cosmopolitan communitarianist approach. Nijhoff is an imprint of Brill. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).

The Oxford Handbook of International Environmental Law

The Oxford Handbook of International Environmental Law PDF Author: Lavanya Rajamani
Publisher: Oxford University Press
ISBN: 0192589032
Category : Law
Languages : en
Pages : 1104

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Book Description
The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

How International Law Works

How International Law Works PDF Author: Andrew T. Guzman
Publisher: Oxford University Press
ISBN: 0199739285
Category : Law
Languages : en
Pages : 273

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Book Description
Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.

International Courts and the Performance of International Agreements

International Courts and the Performance of International Agreements PDF Author: Clifford J. Carrubba
Publisher: Cambridge University Press
ISBN: 1107065720
Category : Law
Languages : en
Pages : 253

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Book Description
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.

Compliance & Public Authority

Compliance & Public Authority PDF Author: Oran R. Young
Publisher: Routledge
ISBN: 1135997225
Category : Political Science
Languages : en
Pages : 187

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Book Description
Offers a theory of compliance and authority that wouild be applicable to behavior concerning economic contracts, law, enforcement, and international relations. It examiones the problem of compliance in centralized (e.g. national and state laws) and decentralized (international treaties) systems. Applies the theory to explain the level of compliance with Partial Nuclear Test Ban Treaty anf the International North Pacific Fisheries Convention. Originally published in 1979

The Limits of International Law

The Limits of International Law PDF Author: Jack L. Goldsmith
Publisher: Oxford University Press
ISBN: 0199883378
Category : Law
Languages : en
Pages : 271

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Book Description
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

A Landscape of Contemporary Theories of International Law

A Landscape of Contemporary Theories of International Law PDF Author: Emmanuel Roucounas
Publisher: BRILL
ISBN: 9004385363
Category : Law
Languages : en
Pages : 731

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Book Description
This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.

Power and Law in International Society

Power and Law in International Society PDF Author: Mark Klamberg
Publisher: Routledge
ISBN: 1317617126
Category : Law
Languages : en
Pages : 199

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Book Description
When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.

The Persistence of Reciprocity in International Humanitarian Law

The Persistence of Reciprocity in International Humanitarian Law PDF Author: Bryan Peeler
Publisher: Cambridge University Press
ISBN: 110848669X
Category : Law
Languages : en
Pages : 227

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Book Description
An evaluation of the importance of reciprocity in considering states' legal obligations in armed conflicts.