Understanding International Law

Author: Conway W. Henderson

Publisher: John Wiley & Sons

ISBN: 9781444318258

Category: Law

Page: 488

View: 4855

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Understanding International Law presents a comprehensive, accessible introduction to the various aspects of international law while addressing its interrelationship with world politics. Presents well-organized, balanced coverage of all aspects of international law Features an accompanying website with direct access to court cases and study and discussion questions. Visit the site at: www.wiley.com/go/internationallaw Includes discussion of the efficacy of international law, a topic unique among international law texts Offers discussion of other topics that most texts do not address, such as complete chapters on making the world safer, human rights, the environment, and the world economy

Understanding International Law

Author: Stephen C. McCaffrey

Publisher: LexisNexis

ISBN: 1579110371

Category: Law

Page: 328

View: 2291

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This clearly written Understanding treatise is designed to explain what international law is, why it exists, and the basic subjects it covers. The law of treaties is given particular attention, chiefly because of the increasing importance of the treaty in international life. The number of treaties has mushroomed since the Second World War and many of these agreements include over 100 states as parties. Because of their number and the breadth of their coverage, treaties are thus the main form of international legislation. But since they are also contractual in character, and since many multilateral treaties allow states to place conditions on their acceptance of them, the law governing treaties is necessarily more complex than if they were the exact equivalent of national legislation. Understanding International Law also provides introductory coverage of topics of current relevance, such as terrorism, international criminal law, use and applicability of international law in United States courts, and the law governing the use of military force.

War Law

Understanding International Law and Armed Conflict

Author: Michael Byers

Publisher: Open Road + Grove/Atlantic

ISBN: 9781555848460

Category: Law

Page: 224

View: 863

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“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law” (Chris Patten, Chancellor of Oxford University). International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Understanding International Law through Moot Courts

Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect

Author: Henry F. Carey,Stacey M. Mitchell

Publisher: Lexington Books

ISBN: 073917066X

Category: Law

Page: 390

View: 1598

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Understanding International Law through Moot Courts analyzes five moot court cases held before the International Court of Justice and the International Criminal Court. These cases offer insight on the international law pertaining to habeas corpus, genocide, the responsibility to protect, chemical weapons, and torture.

Understanding International Criminal Law

Author: Ellen S. Podgor,Roger S. Clark

Publisher: LexisNexis

ISBN: 0327189851

Category: Law

Page: N.A

View: 3358

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This Understanding treatise is divided into four parts: • The first part provides a general overview, with definitions to key terms that appear throughout the book. It covers the area of jurisdiction, as this is the starting point in determining the applicability of using international law • The second part covers selected areas of international criminal law. It is not exhaustive of all areas of international or transnational law. Choices of specific crimes to cover were made on the basis of showing a diversity of topics, new and developing areas such as computer crimes, and the older more traditional areas such as piracy. It provides materials on both violent and non-violent crimes. Areas of immediate importance, such as terrorism and narcotics trafficking, are discussed • The third part covers procedural issues. It includes constitutional issues, immunities, obtaining evidence from abroad, obtaining people from abroad, and post-conviction issues such as prisoner transfers • The final part of this treatise covers the international aspects of international criminal law. In addition to examining what constitutes an international crime, it looks at human rights issues, international tribunals, and the International Criminal Court.

International Law for International Relations

Author: Basak Cali

Publisher: Oxford University Press

ISBN: 0199558426

Category: Law

Page: 431

View: 4102

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The breadth of international law and institutions in contemporary global politics means it is no longer possible to make sense of international politics without understanding international law. This is the ideal text for students of international relations who have not previously studied law.

Semiotics of International Law

Trade and Translation

Author: Evandro Menezes de Carvalho

Publisher: Springer Science & Business Media

ISBN: 9789048190119

Category: Law

Page: 220

View: 6914

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Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.

Religion and International Law

Author: Mark W. Janis,Carolyn Maree Evans

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041111746

Category: Political Science

Page: 513

View: 9775

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One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.

Time, History and International Law

Author: Matthew C. R. Craven,Malgosia Fitzmaurice,Maria Vogiatzi

Publisher: Martinus Nijhoff Publishers

ISBN: 9004154817

Category: Law

Page: 251

View: 5271

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This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.

Politics of International Law and International Justice

Author: Edwin Egede

Publisher: Edinburgh University Press

ISBN: 0748684522

Category: Political Science

Page: 352

View: 1634

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A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati

How International Law Works

A Rational Choice Theory

Author: Andrew T. Guzman

Publisher: Oxford University Press

ISBN: 0199739285

Category: Law

Page: 260

View: 6823

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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 Law

Author: Linda A. Malone

Publisher: Aspen Publishers Online

ISBN: 0735563063

Category: Law

Page: 274

View: 2123

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The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep

International Law as Social Construct

The Struggle for Global Justice

Author: Carlo Focarelli

Publisher: Oxford University Press

ISBN: 0199584834

Category: Law

Page: 571

View: 5303

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This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.

Global Justice and International Economic Law

Opportunities and Prospects

Author: Chi Carmody,Frank J. Garcia,John Linarelli

Publisher: Cambridge University Press

ISBN: 1139503510

Category: Law

Page: N.A

View: 3647

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Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the WTO, states have continued to develop institutions and legal infrastructure to promote global interdependence. International lawyers are experts in understanding how these institutions operate in practice, but they tend to uncritically accept comparative advantage as the principal normative criterion to justify these institutions. In contrast, moral and political philosophers have developed accounts of global justice, but these accounts have had relatively little influence on international legal scholarship and on institutional design. This volume reflects the results of a symposium held at Tillar House, the American Society of International Law headquarters in Washington, DC, in November 2008, which brought together philosophers, legal scholars and economists to discuss the problems of understanding international economic law from the standpoints of rights and justice, in particular from the standpoint of distributive justice.

Denial of Justice in International Law

Author: Jan Paulsson

Publisher: Cambridge University Press

ISBN: 9781139448284

Category: Law

Page: N.A

View: 2248

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Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.

Interdisciplinary Perspectives on International Law and International Relations

The State of the Art

Author: Jeffrey L. Dunoff,Mark A. Pollack

Publisher: Cambridge University Press

ISBN: 1107020743

Category: Law

Page: 680

View: 7335

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This book brings together the most influential contemporary writers in the fields of international law and international relations to take stock of what we know about the making, interpretation, and enforcement of international law. The contributions to this volume critically explore what recent interdisciplinary work reveals about the design and workings of international institutions, the various roles played by international and domestic courts, and the factors that enhance compliance with international law.

The Cambridge Companion to International Law

Author: James Crawford,Martti Koskenniemi

Publisher: Cambridge University Press

ISBN: 0521190886

Category: Law

Page: 471

View: 6653

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A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.

Law at the Vanishing Point

A Philosophical Analysis of International Law

Author: Aaron Fichtelberg

Publisher: Routledge

ISBN: 1317107659

Category: Law

Page: 244

View: 1386

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Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.

New Perspectives on the Divide Between National and International Law

Author: André Nollkaemper,Janne Elisabeth Nijman

Publisher: Oxford University Press on Demand

ISBN: 019923194X

Category: Law

Page: 380

View: 863

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This book analyses one of the most pressing issues of modern international law: the relationship between the international legal order and the domestic legal orders of sovereign states. It contains different perspectives on the legal complexity that results from the interactions between the international and domestic spheres.

International Law

Author: Rebecca M. M. Wallace,Olga Martin-Ortega

Publisher: N.A

ISBN: 9781847036315

Category: International law

Page: 386

View: 6438

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International Law provides a lucid and comprehensive exposition of the basic precepts necessary for understanding the international legal process, while presenting a general, integrated overview of contemporary international law. The text is presented in a user-friendly/ accessible style, providing an ideal concise overview that offers sufficient detail for the work to be adopted as a core text.