International Law in a Divided World

Author: Antonio Cassese

Publisher: Oxford University Press, USA

ISBN: 9780198762331

Category: Social Science

Page: 429

View: 3737

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.

Die Bindung der Dritten Welt an das postkoloniale Völkerrecht

Die Völkerrechtskommission, das Recht der Verträge und das Recht der Staatennachfolge in der Dekolonialisierung

Author: Anna Krueger

Publisher: Springer-Verlag

ISBN: 366254413X

Category: Law

Page: 436

View: 1726

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.

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: 699

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 Concept of the Common Heritage of Mankind in International Law

Author: Kemal Baslar

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041105059

Category: Law

Page: 427

View: 1060

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.

Future Generations and International Law

Author: Emmanuel Agius,Salvino Busuttil

Publisher: Routledge

ISBN: 1317971779

Category: Political Science

Page: 226

View: 8438

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

Self-Defence in International and Criminal Law

The Doctrine of Imminence

Author: Onder Bakircioglu

Publisher: Routledge

ISBN: 1136702733

Category: Law

Page: 288

View: 2930

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.

Environmental Justice and the Rights of Unborn and Future Generations

Law, Environmental Harm and the Right to Health

Author: Laura Westra

Publisher: Routledge

ISBN: 1136566791

Category: Medical

Page: 352

View: 1913

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.

International Law

Author: Malcolm N. Shaw

Publisher: Cambridge University Press

ISBN: 9781139438643

Category: Law

Page: N.A

View: 923

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.

Caribbean Integration Law

Author: David S. Berry

Publisher: OUP Oxford

ISBN: 0191649163

Category: Law

Page: 512

View: 349

Caribbean Integration Law offers a comprehensive legal analysis of the current treaties and rules governing the two main regional organisations in the Caribbean, the Caribbean Community (CARICOM) and the Organisation of Eastern Caribbean States (OECS). Both organisations are operating under new treaties, the Revised Treaty of Chaguaramas and the Revised Treaty of Basseterre, respectively, which created the CARICOM Single Market and Economy, and the OECS Economic Union. The single market and economic union were built upon principles of free movement of goods, labour, and capital, and a common external tariff. This book reviews the foundations of Caribbean regional integration, the institutional frameworks of the two regional organisations, and fleshes out the scope and context of the legal systems created by the treaties. It also reviews the dispute settlement mechanisms under both treaties, including the increasingly active role of the Caribbean Court of Justice, which allows persons to enforce their treaty rights directly before the Court. The book offers selective comparisons to the current rules governing the European Union, and integrates crucial insights from the field of public international law, including the law of treaties and international institutional law.

Russian Approaches to International Law

Author: Lauri Mälksoo

Publisher: OUP Oxford

ISBN: 019103469X

Category: Law

Page: 290

View: 2408

This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.

Diplomacy of Conscience

Amnesty International and Changing Human Rights Norms

Author: Ann Marie Clark

Publisher: Princeton University Press

ISBN: 9781400824229

Category: Political Science

Page: 200

View: 7413

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.

Legitimacy Deficit in Custom

A Deconstructionist Critique

Author: Ben Chigara

Publisher: Ashgate Pub Limited

ISBN: 9780754620778

Category: Law

Page: 363

View: 1069

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.

Humanitarianism in Question

Politics, Power, Ethics

Author: Michael Barnett,Thomas G. Weiss

Publisher: Cornell University Press

ISBN: 0801465087

Category: Political Science

Page: 320

View: 4214

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.

The Law and Practice of the International Court of Justice (1945-1996)

A Critique of the Contentious and Advisory Jurisdictions

Author: Gbenga Oduntan

Publisher: Fourth Dimention Publishing Company Limited

ISBN: N.A

Category: Law

Page: 262

View: 7217

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.

Battling Terrorism

Legal Perspectives on the Use of Force and the War on Terror

Author: Jackson Nyamuya Maogoto

Publisher: Ashgate Publishing, Ltd.

ISBN: 9780754644071

Category: Law

Page: 209

View: 3184

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.

The Thin Justice of International Law

A Moral Reckoning of the Law of Nations

Author: Steven R. Ratner

Publisher: OUP Oxford

ISBN: 0191009113

Category: Law

Page: 500

View: 4656

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.