Understanding International Law

Author: Conway W. Henderson

Publisher: John Wiley & Sons

ISBN: 9781444318258

Category: Law

Page: 488

View: 8360

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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, Second Edition, 2015

Author: Stephen C. McCaffrey

Publisher: LexisNexis

ISBN: 1632834286

Category: Law

Page: N.A

View: 5464

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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, Second Edition 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. The new second edition of Understanding International Law: • Surveys the ways in which law is made and functions in the international community • Covers the basic subjects of international law • Comprehensively updates all chapters of the first edition • Brings up to date the Supreme Court's treatment of international law through its decisions on the Vienna Convention on Consular Relations and the Alien Tort Statute • Discusses developments in treaty interpretation, including recent decisions supporting an evolutionary interpretation of the terms of a treaty • Updates material on the United States position on anticipatory self-defense The eBook versions of this title feature links to Lexis Advance for further legal research options.

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: 6638

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Understanding International Law through Moot Courts: Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect consists of five sets of opposing legal briefs and judge’s decisions for five moot court cases held before the International Court of Justice and the International Criminal Court. Each moot court brief included in the book addresses contemporary controversies in international affairs; issues ranging from the application of the newly emerging Responsibility to Protect (R2P) doctrine, to the torture of detainees, to the derogation from international due process protections. These moot court briefs and case judgments help students formulate legal arguments that will be applicable to other similar cases. They also provide students with excellent sources of international and domestic law, as well as greater comprehension of topics ranging from jurisdictional disputes to matters of evidence. Chapter 1 of the book provides an overview of the book as well as instructions regarding the construction of a moot court. Chapter two, by George Andreopoulos discusses the interrelationship between human rights and international criminal law. Chapters 3 through 7 are the cases. The introduction to each chapter (and subsequently each case) lays out the facts of the case in question, discusses (where applicable) issues associated with the material and contextual elements of the crimes(s) in question, provides additional topics for classroom discussion, and also places the issues of contention between the parties within the broader context of foreign affairs and international relations. After each set of briefs and legal judgments is an appendix which includes an example moot court, as well as an appendix that includes a set of alterable facts that students and faculty could adopt to change the general legal argument of the particular case.

Understanding International Criminal Law

Author: Ellen S. Podgor,Roger S. Clark

Publisher: LexisNexis

ISBN: 0327189851

Category: Law

Page: N.A

View: 8652

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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.

Understanding International Trade Law

Author: Simone Schnitzer

Publisher: Learning Matters

ISBN: 9781846410024

Category: Law

Page: 331

View: 2648

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This valuable introduction to International Trade Law examines the interconnection and the practical relevance of the different contracts to be concluded in pursuance of a single international sale transaction. Its focus is on the sale of goods, transported by ship, road and air with the main attention given to sea transport. Important trade terms and Incoterms used in international sale contracts and common law are explained as well as highlighting essential issues of contracts of carriage and cargo insurance.

A theory of international terrorism [electronic resource]

understanding Islamic militancy

Author: L. Ali Khan

Publisher: Martinus Nijhoff Publishers

ISBN: 9004152075

Category: Law

Page: 371

View: 4284

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Presents a study of Islamic militancy in the geopolitical contexts of Chechnya, Kashmir, Palestine, and the September 11 attacks on the United States. This book argues that the policy of no negotiations with Muslim militants is contrary to the UN Charter, and that terrorism cannot be eradicated unless the nation-state evolves into the Free State.

Ordering Pluralism

A Conceptual Framework for Understanding the Transnational Legal World

Author: Mireille Delmas-Marty

Publisher: Bloomsbury Publishing

ISBN: 1847315313

Category: Law

Page: 196

View: 7729

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From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC

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: 6019

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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.

Is International Law International?

Author: Anthea Roberts

Publisher: Oxford University Press

ISBN: 0190696435

Category: Law

Page: 304

View: 7551

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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

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: 7825

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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."

Understanding Torture

Law, Violence, and Political Identity

Author: John T. Parry

Publisher: University of Michigan Press

ISBN: 0472021788

Category: Political Science

Page: 318

View: 5254

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"John Parry's Understanding Torture is an important contribution to our understanding of how torture fits within the practices and beliefs of the modern state. His juxtaposition of the often indeterminate nature of the law of torture with the very specific state practices of torture is both startling and revealing." ---Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities at Yale Law School and author of Sacred Violence "Parry is effective in building, deploying, and supporting his argument . . . that the law does not provide effective protections against torture, but also that the law is in itself constitutive of a political order in which torture is employed to create---and to destroy or re-create---political identities.” ---Margaret Satterthwaite, Faculty Director of the Center for Human Rights and Global Justice and Associate Professor of Clinical Law, NYU School of Law "A beautifully crafted, convincingly argued book that does not shy away from addressing the legal and ethical complexities of torture in the modern world. In a field that all too often produces simple or superficial responses to what has become an increasingly challenging issue, Understanding Torture stands out as a sophisticated and intellectually responsible work." ---Ruth Miller, Associate Professor of History, University of Massachusetts, Boston Prohibiting torture will not end it. In Understanding Torture, John T. Parry explains that torture is already a normal part of the state coercive apparatus. Torture is about dominating the victim for a variety of purposes, including public order; control of racial, ethnic, and religious minorities; and--- critically---domination for the sake of domination. Seen in this way, Abu Ghraib sits on a continuum with contemporary police violence in U.S. cities; violent repression of racial minorities throughout U.S. history; and the exercise of power in a variety of political, social, and interpersonal contacts. Creating a separate category for an intentionally narrow set of practices labeled and banned as torture, Parry argues, serves to normalize and legitimate the remaining practices that are "not torture." Consequently, we must question the hope that law can play an important role in regulating state violence. No one who reads this book can fail to understand the centrality of torture in modern law, politics, and governance. John T. Parry is Professor of Law at Lewis & Clark Law School.

International Law for International Relations

Author: Basak Cali

Publisher: Oxford University Press

ISBN: 0199558426

Category: Law

Page: 431

View: 8278

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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.

Neoliberal Legality

Understanding the Role of Law in the Neoliberal Project

Author: Honor Brabazon

Publisher: Taylor & Francis

ISBN: 1134843380

Category: Law

Page: 214

View: 6736

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Neoliberalism has been studied as a political ideology, an historical moment, an economic programme, an institutional model, and a totalising political project. Yet the role of law in the neoliberal story has been relatively neglected, and the idea of neoliberalism as a juridical project has yet to be considered. That is: neoliberal law and its interrelations with neoliberal politics and economics has remained almost entirely neglected as a subject of research and debate. This book provides a systematic attempt to develop a holistic and coherent understanding of the relationship between law and neoliberalism. It does not, however, examine law and neoliberalism as fixed entities or as philosophical categories. And neither is its objective to uncover or devise a ‘law of neoliberalism’. Instead, it uses empirical evidence to explore and theorise the relationship between law and neoliberalism as dynamic and complex social phenomena. Developing a nuanced concept of ‘neoliberal legality’, neoliberalism, it is argued here, is as much a juridical project as a political and economic one. And it is only in understanding the juridical thrust of neoliberalism that we can hope to fully comprehend the specificities, and continuities, of the neoliberal period as a whole.

Religion and International Law

Author: Mark W. Janis,Carolyn Maree Evans

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041111746

Category: Political Science

Page: 513

View: 7939

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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.

Events: The Force of International Law

Author: Fleur Johns,Richard Joyce,Sundhya Pahuja

Publisher: Routledge

ISBN: 1136920293

Category: Law

Page: 312

View: 2509

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Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.

Semiotics of International Law

Trade and Translation

Author: Evandro Menezes de Carvalho

Publisher: Springer Science & Business Media

ISBN: 9789048190119

Category: Law

Page: 220

View: 4706

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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: 3291

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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.