International Law in a Divided World

Author: Antonio Cassese

Publisher: Oxford University Press, USA

ISBN: 9780198762331

Category: Social Science

Page: 429

View: 1321

This general introduction to international law considers the topic in a political and historical perspective. Throughout, an effort is made to identify the ideological and political motivation underlying international legal rules and institutions, which are examined through the prism of the principal actors in the international community: Western, socialist and developing countries. This book differs from standard textbooks in an important respect: it covers some topics neglected bytraditional works, such as the historical evolution of the international community or the law of economic relations and of development, while some traditional topics are dealt with only tangentially, such as international arbitration. The book will thus appeal to lawyers who wish to explore the background and context to this subject and to political scientists who want to know more about the policy pursued by each of the three major groupings of States in international law-making. This replaces the hardback, published in 1986.

United Nations, Divided World

The Un's Roles in International Relations

Author: Adam Roberts,Benedict Kingsbury

Publisher: Oxford University Press, USA

ISBN: 9780198275442

Category: Language Arts & Disciplines

Page: 287

View: 5108

For the first time in human history, the world consists of theoretically equal sovereign states, most of which belong to one world organization--the United Nations--and subscribe to a single set of principles--those of its Charter. Yet the U.N. has conspicuously failed to solve problems of armaments, war, division, inequality, and dictatorship. An authoritative assessment, this book brings together distinguished academics and senior U.N. officials--including the Secretary-General--in a sympathetic yet critical account of the U.N.'s role in international relations since 1945.

The Oxford Companion to International Criminal Justice

Author: N.A

Publisher: OUP Oxford

ISBN: 0191553441

Category: Law

Page: 1096

View: 9992

The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

The Creation of States in International Law

Author: James Crawford

Publisher: Oxford University Press

ISBN: 0198260024

Category: Law

Page: 870

View: 6378

Presents a comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, this edition tackles problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and more.

The Settlement of Disputes in International Law

Institutions and Procedures

Author: John G. Collier,Vaughan Lowe

Publisher: Oxford University Press on Demand

ISBN: 9780198299271

Category: Law

Page: 395

View: 8527

This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. It examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. The emerging principles of procedural law applied in these tribunals are also discussed.

The Oxford Handbook of Comparative Law

Author: Mathias Reimann,Reinhard Zimmermann

Publisher: OUP Oxford

ISBN: 0191018872

Category: Law

Page: 1456

View: 9064

The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty two chapters which are written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

The Nature of Necessity

Author: Alvin Plantinga

Publisher: Clarendon Press

ISBN: 0191037176

Category: Philosophy

Page: 266

View: 5772

This is a reissue of a book which is an exploration and defence of the notion of modality 'de re', the idea that objects have both essential and accidental properties. It is one of the first full-length studies of the modalities to emerge from the debate to which Saul Kripke, David Lewis, Ruth Marcus and others have contributed. The argument is developed by means of the notion of possible worlds, and ranges over key problems including the nature of essence, trans-world identity, negative existential propositions, and the existence of unactual objects in other possible worlds. In the final chapters Professor Plantinga applies his logical theories to the clarification of two problems in the philosophy of religion - the Problem of Evil and the Ontological Argument.

Patterns of American Jurisprudence

Author: Neil Duxbury

Publisher: Clarendon Press

ISBN: 0191018767

Category: Law

Page: 530

View: 3495

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller

Publisher: OUP Oxford

ISBN: 0191653918

Category: Law

Page: 1328

View: 8128

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

International Law

Author: Antonio Cassese

Publisher: Oxford University Press

ISBN: 0199259399

Category: Law

Page: 558

View: 9248

Previous edition, 1st, published in 2001.

Philosophy in the Islamic World

A History of Philosophy Without Any Gaps

Author: Peter Adamson

Publisher: Oxford University Press

ISBN: 0199577498

Category: Philosophy

Page: 544

View: 6951

Peter Adamson presents the first full history of philosophy in the Islamic world for a broad readership. He traces its development from early Islam to the 20th century, ranging from Spain to South Asia, featuring Jewish and Christian thinkers as well as Muslim. Major figures like Avicenna, Averroes, and Maimonides are covered in great detail, but the book also looks at less familiar thinkers, including women philosophers. Attention is also given to thephilosophical relevance of Islamic theology (kalam) and mysticism--the Sufi tradition within Islam, and Kabbalah among Jews--and to science, with chapters on disciplines like optics and astronomy. The first partof the book looks at the blossoming of Islamic theology and responses to the Greek philosophical tradition in the world of Arabic learning, the second discusses philosophy in Muslim Spain (Andalusia), and a third section looks in unusual detail at later developments, touching on philosophy in the Ottoman, Mughal, and Safavid empires.

Philosophical Foundations of Contract Law

Author: Gregory Klass,George Letsas,Prince Saprai

Publisher: OUP Oxford

ISBN: 019102208X

Category: Law

Page: 500

View: 3148

In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Roman Law & Comparative Law

Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820312613

Category: Law

Page: 328

View: 1557

Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.

What is Criminology?

Author: Mary Bosworth,Carolyn Hoyle

Publisher: OUP Oxford

ISBN: 0191635413

Category: Law

Page: 592

View: 8689

Criminology is a booming discipline, yet one which can appear divided and fractious. In this rich and diverse collection of essays, some of the world's leading criminologists respond to a series of questions designed to investigate the state, impact, and future challenges of the discipline: What is criminology for? What is the impact of criminology? How should criminology be done? What are the key issues and debates in criminology today? What challenges does the discipline of criminology face? How has criminology as a discipline changed over the last few decades? The resulting essays identify a series of intellectual, methodological, and ideological borders. Borders, in criminology as elsewhere, are policed, yet they are also frequently transgressed; criminologists can and do move across them to plunder, admire, or learn from other regions. While some boundaries may be more difficult or dangerous to cross than others it is rare to find an entirely secluded locale or community. In traversing ideological, political, geographical, and disciplinary borders, criminologists bring training, tools, and concepts, as well as key texts to share with foreigners. From such exchanges, over time, borders may break down, shift, or spring up, enriching those who take the journey and those who are visited. It is, in other words, in criminology's capacity for and commitment to reflexivity, on which the strength of the field depends.

International Law as a World Order in Late Imperial China

Translation, Reception and Discourse ; 1847 - 1911

Author: Rune Svarverud

Publisher: BRILL

ISBN: 9004160191

Category: Social Science

Page: 322

View: 8563

The topic of this book is the early introduction and reception of international law in China. International law is studied as part of the introduction of the Western sciences and as a theoretical orientation in international affairs 1847-1911.

Seeking Justice in International Law

The Significance and Implications of the UN Declaration on the Rights of Indigenous Peoples

Author: Mauro Barelli

Publisher: Routledge

ISBN: 1317332172

Category: Law

Page: 206

View: 2492

Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.

A History of Catholic Moral Theology in the Twentieth Century

From Confessing Sins to Liberating Consciences

Author: James F. Keenan

Publisher: Bloomsbury Publishing USA

ISBN: 1441189483

Category: Religion

Page: 256

View: 8211

This is an historical survey of 20th Century Roman Catholic Theological Ethics (also known as moral theology). The thesis is that only through historical investigation can we really understand how the most conservative and negative field in Catholic theology at the beginning of the 20th could become by the end of the 20th century the most innovative one. The 20th century begins with moral manuals being translated into the vernacular. After examining the manuals of Thomas Slater and Henry Davis, Keenan then turns to three works and a crowning synthesis of innovation all developed before, during and soon after the Second World War. The first by Odon Lottin asks whether moral theology is adequately historical; Fritz Tillmann asks whether it's adequately biblical; and Gerard Gilleman, whether it's adequately spiritual. Bernard Haering integrates these contributions into his Law of Christ. Of course, people like Gerald Kelly and John Ford in the US are like a few moralists elsewhere, classical gate keepers, censoring innovation. But with Humanae vitae, and successive encyclicals, bishops and popes reject the direction of moral theologians. At the same time, moral theologians, like Josef Fuchs, ask whether the locus of moral truth is in continuous, universal teachings of the magisterium or in the moral judgment of the informed conscience. In their move toward a deeper appreciation of their field as forming consciences, they turn more deeply to local experience where they continue their work of innovation. Each continent subsequently gives rise to their own respondents: In Europe they speak of autonomy and personalism; in Latin America, liberation theology; in North America, Feminism and Black Catholic theology; and, in Asia and Africa a deep post-colonial interculturatism. At the end I assert that in its nature, theological ethics is historical and innovative, seeking moral truth for the conscience by looking to speak crossculturally.