Understanding International Law

Author: Conway W. Henderson

Publisher: John Wiley & Sons

ISBN: 9781444318258

Category: Law

Page: 488

View: 9141

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Understanding International Law presents a comprehensive,accessible introduction to the various aspects of international lawwhile addressing its interrelationship with world politics. Presents well-organized, balanced coverage of all aspects ofinternational law Features an accompanying website with direct access to courtcases and study and discussion questions. Visit the site at:ahref="http://www.wiley.com/go/internationallaw"www.wiley.com/go/internationallaw/a Includes discussion of the efficacy of international law, atopic unique among international law texts Offers discussion of other topics that most texts do notaddress, such as complete chapters on making the world safer, humanrights, the environment, and the world economy

Understanding International Law

Author: Stephen C. McCaffrey

Publisher: LexisNexis

ISBN: 1579110371

Category: Law

Page: 328

View: 3977

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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: 4780

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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: 6528

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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: 3538

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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: 7605

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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.

Politics of International Law and International Justice

Author: Edwin Egede

Publisher: Edinburgh University Press

ISBN: 0748684522

Category: Political Science

Page: 352

View: 3805

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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: 4943

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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.

Selected Essays on Understanding International Institutions and the Legislative Process

Author: Paul C. Szasz

Publisher: Brill - Nijhoff

ISBN: N.A

Category: Law

Page: 433

View: 2963

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In the realm of the law of international organizations and treaty law, few commentators have made a more significant contribution than Paul C. Szasz. In his years of distinguished service at the U.N., and in his subsequent career as a prominent consultant to international institutions, he has mastered a highly specialized body of knowledge that allows him to study the inner and outer workings of the international legislative, administrative, and judicial processes with unique and compelling authority. His incisive essays, always deeply informed with first-hand experience, have gone directly to the heart of the most vital international legal issues of our time. This volume gathers twenty-one essays that will be of inestimable value to the entire community of public international lawyers. With penetrating insight Szasz exposes the institutional underpinnings affecting such international law matters as: law-making in international organizations, the obligation to arbitrate, monitoring treaty compliance, UN system complexification," sanctions, the advisory competence of the World Court, the legal liability of diplomats, peacekeeping intervention, and the role of NGOs. Specific facts and events-such as the U.S. action in the 1988 PLO mission controversy, developments in the safeguards regime of the International Atomic Energy Agency, the Kosovo Conflict, the Dayton Accords, and the Namibian peace process-provide a firm topical basis for the author's analysis of policy, practice, and theory in this little-understood but crucially important area of international governance.Published under the Transnational Publishers imprint."

Participants in the International Legal System

Multiple Perspectives on Non-State Actors in International Law

Author: Jean d'Aspremont

Publisher: Taylor & Francis

ISBN: 1136724931

Category: Law

Page: 496

View: 4897

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The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.

International Relations Theory and International Law

A Critical Approach

Author: Adriana Sinclair

Publisher: Cambridge University Press

ISBN: 1139491830

Category: Political Science

Page: N.A

View: 3829

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International law is playing an increasingly important role in international politics. However, international relations theorists have thus far failed to conceptualise adequately the role that law plays in politics. Instead, IR theorists have tended to operate with a limited conception of law. An understanding of jurisprudence and legal methodology is a crucial step towards achieving a better account of international law in IR theory. But many of the flaws in IR's idea of law stem also from the theoretical foundations of constructivism - the school of thought which engages most frequently with law. In this book, Adriana Sinclair rehabilitates IR theory's understanding of law, using cases studies from American, English and international law to critically examine contemporary constructivist approaches to IR and show how a gap in their understanding of law has led to inadequate theorisation.

Religion and International Law

Author: Mark W. Janis,Carolyn Maree Evans

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041111746

Category: Political Science

Page: 513

View: 783

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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.

The Oxford Handbook on the Sources of International Law

Author: Jean d'Aspremont,Samantha Besson

Publisher: Oxford University Press

ISBN: 0198745362

Category: Law

Page: 1136

View: 7461

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The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? These traditional questions bear on at least two different levels of understanding. First, how are international norms validated as rules of international "law", i.e. legally binding norms? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook on the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. Thisandbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

Semiotics of International Law

Trade and Translation

Author: Evandro Menezes de Carvalho

Publisher: Springer Science & Business Media

ISBN: 9789048190119

Category: Law

Page: 220

View: 1496

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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.

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: 2385

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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.

International Law as Social Construct

The Struggle for Global Justice

Author: Carlo Focarelli

Publisher: Oxford University Press

ISBN: 0199584834

Category: Law

Page: 571

View: 8527

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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.

The Cambridge Companion to International Law

Author: James Crawford,Martti Koskenniemi

Publisher: Cambridge University Press

ISBN: 0521190886

Category: Law

Page: 471

View: 959

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

International Law and Sustainable Development

Author: Alistair Rieu-Clarke

Publisher: IWA Publishing

ISBN: 1843390752

Category: Science

Page: 268

View: 6528

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Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.

International Law

Author: Linda A. Malone

Publisher: Aspen Publishers Online

ISBN: 0735563063

Category: Law

Page: 274

View: 9308

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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 and Islamic Law

Author: MashoodA. Baderin

Publisher: Routledge

ISBN: 1351562320

Category: Law

Page: 706

View: 5403

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The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.