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.
Author: Antonio Cassese
Publisher: Oxford University Press, USA
Category: Social Science
Author: Oliver James Lissitzyn
Category: International law
Das Buch untersucht die völkerrechtshistorische, -theoretische und -praktische Debatte um die Bindung der Dritten Welt an die etablierte Völkerrechtsordung nach der Dekolonialisierung unter besonderer Beachtung herausragender Völkerrechtler in den neuen Staaten wie Ram Prakash Anand, Taslim Olawale Elias, Mohammed Bedjaoui, Abdul Hakim Tabibi und Mustafa Kamil Yasseen. Dabei werden die Arbeiten der Völkerrechtskommission der Vereinten Nationen (ILC) und die sich anschließenden Staatenkonferenzen im Recht der Verträge (WVK) sowie im Recht der Staatennachfolge (WKSV und WKSVAS) aufgearbeitet, welche die Völkerrechtler in der Dritten Welt zur Umsetzung ihres „Globalsolidarischen Projekts“ (Reform der etablierten Völkerrechtsordnung im Interesse der Weltgemeinschaft, Errichtung einer Neuen Weltwirtschaftsordnung) zu nutzen versuchten.
Die Völkerrechtskommission, das Recht der Verträge und das Recht der Staatennachfolge in der Dekolonialisierung
Author: Anna Krueger
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 Un's Roles in International Relations
Author: Adam Roberts,Benedict Kingsbury
Publisher: Oxford University Press, USA
Category: Language Arts & Disciplines
The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
Author: Kemal Baslar
Publisher: Martinus Nijhoff Publishers
The Copenhagen Political Criteria and Turkey
Author: Mustafa Fişne
Category: European Union
Sustainable development requires consideration of the quality of life that future generations will be able to enjoy, and as the adjustment to sustainable lifestyles gathers momentum, the rights of future generations and our responsibility for their wellbeing is becoming a central issue. In this, the first book to address this emerging area of international law, leading experts examine the legal and theoretical frameworks for representing and safeguarding the interests of future generations in current international treaties. This unique volume will be required reading for academics and students of international environmental law and policy. Emmanuel Agius is Senior Lecturer at the Faculty of Theology and Coordinator of the Future Generations Programme at the Foundation for International Studies, University of Malta. Salvino Busuttil is former Director General of the Foundation for International Studies. Future Generations and International Law is the seventh volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature, Improving Compliance with International Environmental Law, Greening International Institutions and Quotas in International Environmental Agreements. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1997
Author: Emmanuel Agius,Salvino Busuttil
Category: Political Science
Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. It focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they ‘believe’ that using ‘pre-emptive’ lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration’s ‘war on terror’ policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.
The Doctrine of Imminence
Author: Onder Bakircioglu
The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade. The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.
Law, Environmental Harm and the Right to Health
Author: Laura Westra
This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.
Author: Malcolm N. Shaw
Publisher: Cambridge University Press
A small group founded Amnesty International in 1961 to translate human rights principles into action. Diplomacy of Conscience provides a rich account of how the organization pioneered a combination of popular pressure and expert knowledge to advance global human rights. To an extent unmatched by predecessors and copied by successors, Amnesty International has employed worldwide publicity campaigns based on fact-finding and moral pressure to urge governments to improve human rights practices. Less well known is Amnesty International's significant impact on international law. It has helped forge the international community's repertoire of official responses to the most severe human rights violations, supplementing moral concern with expertise and conceptual vision. Diplomacy of Conscience traces Amnesty International's efforts to strengthen both popular human rights awareness and international law against torture, disappearances, and political killings. Drawing on primary interviews and archival research, Ann Marie Clark posits that Amnesty International's strenuously cultivated objectivity gave the group political independence and allowed it to be critical of all governments violating human rights. Its capacity to investigate abuses and interpret them according to international standards helped it foster consistency and coherence in new human rights law. Generalizing from this study, Clark builds a theory of the autonomous role of nongovernmental actors in the emergence of international norms pitting moral imperatives against state sovereignty. Her work is of substantial historical and theoretical relevance to those interested in how norms take shape in international society, as well as anyone studying the increasing visibility of nongovernmental organizations on the international scene.
Amnesty International and Changing Human Rights Norms
Author: Ann Marie Clark
Publisher: Princeton University Press
Category: Political Science
The word custom is part of everyday vocabulary in all languages, meaning the habitual behaviour of people in a particular community. Once adopted by lawyers it becomes necessary to distinguish legal customs from non-legal customs. That distinction focuses on the creation of legal norms of customary law. In international law, the creation of rules of customary law has been the subject of much commentary. Customary international law has been described as a mysterious phenomenon that has lost its utility. Some have called for its abandonment and others for a radical reformulation of the doctrine. A former judge of the International Court of Justice perceived it to be both delicate and difficult. However, the majority of rules of international law are customary in nature. Therefore, the transparency, consistency and determinacy of custom - the process by which rules of customary law are created is central to the legitimacy of rules of customary law. This book examines the issues at the heart of this complex problem and recommends a deconstructionist approach to custom as a means of resolving the legitimacy deficit in custom.
A Deconstructionist Critique
Author: Ben Chigara
Publisher: Ashgate Pub Limited
Author: Roland Robertson,William R. Garrett
Publisher: Paragon House Publishers
Years of tremendous growth in response to complex emergencies have left a mark on the humanitarian sector. Various matters that once seemed settled are now subjects of intense debate. What is humanitarianism? Is it limited to the provision of relief to victims of conflict, or does it include broader objectives such as human rights, democracy promotion, development, and peacebuilding? For much of the last century, the principles of humanitarianism were guided by neutrality, impartiality, and independence. More recently, some humanitarian organizations have begun to relax these tenets. The recognition that humanitarian action can lead to negative consequences has forced humanitarian organizations to measure their effectiveness, to reflect on their ethical positions, and to consider not only the values that motivate their actions but also the consequences of those actions. In the indispensable Humanitarianism in Question, Michael Barnett and Thomas G. Weiss bring together scholars from a variety of disciplines to address the humanitarian identity crisis, including humanitarianism's relationship to accountability, great powers, privatization and corporate philanthropy, warlords, and the ethical evaluations that inform life-and-death decision making during and after emergencies.
Politics, Power, Ethics
Author: Michael Barnett,Thomas G. Weiss
Publisher: Cornell University Press
Category: Political Science
The author traces the problems and developments of the International Court of Justice since its inception in 1945, when the UN charter was signed. He offers a brief history of the court and its antecedent, the Permanent Court of Justice, and the practical application of the rules and statutes of the International Court of Justice. There are individual chapters on: international disputes; the contentious jurisdiction of the ICJ; the problem of reservations to the court's jurisdiction under the optional clause; the advisory jurisdiction of the world court, a statistical evaluation of the court's work in its first fifty years; an overview of the court's jurisprdence; and problems of the court and alternative futures.
A Critique of the Contentious and Advisory Jurisdictions
Author: Gbenga Oduntan
Publisher: Fourth Dimention Publishing Company Limited
This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime.
Legal Perspectives on the Use of Force and the War on Terror
Author: Jackson Nyamuya Maogoto
Publisher: Ashgate Publishing, Ltd.
In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
A Moral Reckoning of the Law of Nations
Author: Steven R. Ratner
Publisher: OUP Oxford