Change and Stability in International Law-Making
Author: Antonio Cassese
Publisher: Walter de Gruyter
Published: 2010-10-13
Total Pages: 225
ISBN-13: 3110892677
DOWNLOAD EBOOKChange and Stability in International Law-Making.
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Author: Antonio Cassese
Publisher: Walter de Gruyter
Published: 2010-10-13
Total Pages: 225
ISBN-13: 3110892677
DOWNLOAD EBOOKChange and Stability in International Law-Making.
Author: Russell Buchan
Publisher: Edward Elgar Publishing
Published: 2021-06-25
Total Pages: 288
ISBN-13: 1786439921
DOWNLOAD EBOOKThis book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.
Author: O. A. Elias
Publisher: Martinus Nijhoff Publishers
Published: 1998-01-01
Total Pages: 322
ISBN-13: 9041105166
DOWNLOAD EBOOKIf international law is derived from the consent of States, who should be in a better position to say what has been consented to than the disputing States themselves? It seems that if the doctrine of consent is taken seriously, there would be no room for an 'objective' legal answer to the question 'What is law?'. Furthermore, States do not necessarily employ the same criteria for determining the applicable law when engaged in dispute. And the doctrine of sovereignty is of very limited utility, since not all of substantive international law can be explained in terms of the atomic concept of sovereignty. This leaves consent as the mediating concept between the substantive doctrine of international law on the one hand and the actual practice of States (and others whose practice and participation in the global legal order help shape the body of international laws) on the other. Nevertheless, this is not to say that there is nothing 'higher' than the actual legal claims forwarded by international actors. International law is no mere superstition, since none argue that there is no (one) legal solution. In that sense, the unity of the international legal order is preserved. The problem is that the solutions actually forwarded in dispute are too numerous and international law too abstract to serve as arbiters between the competing claims. Thus, at the level of substantive doctrine there is a fragmentation of that earlier-mentioned picture of unity. But even here, only consent can mediate between unity and fragmentation, stability and change, order and justice, legislation and revolution. The strength of international law lies in its adaptability to political, strategic and diplomatic necessities. To suggest otherwise is to depart from a picture of international law that presumes the empirical verifiability of international laws. This book has as its principal concern certain orthodoxies of 'source thinking' in international law, and is aimed at working out the implications of these. It aims to show how certain theoretical conceptions have shaped the law in action, for good or ill. It will appeal to political theorists, diplomats, global decision-makers, and international lawyers who are interested in the question 'What can we do with the international law that we have?', as distinct from the question 'What should we do with international law?'.
Author: Steven R. Ratner
Publisher: Oxford University Press, USA
Published: 2015
Total Pages: 497
ISBN-13: 0198704046
DOWNLOAD EBOOKOffering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
Author: Jan Klabbers
Publisher: Cambridge University Press
Published: 2022-03-10
Total Pages: 423
ISBN-13: 1108842208
DOWNLOAD EBOOKProvides a framework for understanding how organizations are set up and the logic behind international organizations law.
Author: Jutta Brunnée
Publisher: Cambridge University Press
Published: 2010-08-05
Total Pages:
ISBN-13: 1139491474
DOWNLOAD EBOOKIt has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Author: United Nations. International Law Commission
Publisher:
Published: 2007
Total Pages: 306
ISBN-13: 9789521023378
DOWNLOAD EBOOKAuthor: Lucía Satragno
Publisher: BRILL
Published: 2022-02-28
Total Pages: 225
ISBN-13: 9004508732
DOWNLOAD EBOOKThe open access publication of this book has been published with the support of the Swiss National Science Foundation. In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.
Author:
Publisher:
Published: 1998
Total Pages: 472
ISBN-13:
DOWNLOAD EBOOKThis publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.
Author: Joost Pauwelyn
Publisher: Oxford University Press
Published: 2012-09-27
Total Pages: 578
ISBN-13: 0199658587
DOWNLOAD EBOOKPolicy-makers, national administrations, and regulators engage in making laws without the formalities associated with treaties or customary law. This book analyses this informal international lawmaking and its impact on contemporary trends in international interaction, looking at the questions of accountability and effectiveness it raises.