Hierarchy in International Law

Hierarchy in International Law

Author: Erika De Wet

Publisher: Oxford University Press

Published: 2012-03

Total Pages: 365

ISBN-13: 0199647070

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The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.


The Oxford Handbook on the Sources of International Law

The Oxford Handbook on the Sources of International Law

Author: Samantha Besson

Publisher: Oxford University Press

Published: 2017

Total Pages: 1233

ISBN-13: 0198745362

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This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.


Hierarchy in International Relations

Hierarchy in International Relations

Author: David A. Lake

Publisher: Cornell University Press

Published: 2011-08-15

Total Pages: 247

ISBN-13: 0801457696

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International relations are generally understood as a realm of anarchy in which countries lack any superior authority and interact within a Hobbesian state of nature. In Hierarchy in International Relations, David A. Lake challenges this traditional view, demonstrating that states exercise authority over one another in international hierarchies that vary historically but are still pervasive today. Revisiting the concepts of authority and sovereignty, Lake offers a novel view of international relations in which states form social contracts that bind both dominant and subordinate members. The resulting hierarchies have significant effects on the foreign policies of states as well as patterns of international conflict and cooperation. Focusing largely on U.S.-led hierarchies in the contemporary world, Lake provides a compelling account of the origins, functions, and limits of political order in the modern international system. The book is a model of clarity in theory, research design, and the use of evidence. Motivated by concerns about the declining international legitimacy of the United States following the Iraq War, Hierarchy in International Relations offers a powerful analytic perspective that has important implications for understanding America's position in the world in the years ahead.


Conflict of Norms in Public International Law

Conflict of Norms in Public International Law

Author: Joost Pauwelyn

Publisher: Cambridge University Press

Published: 2003-07-31

Total Pages: 557

ISBN-13: 1139436902

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One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.


The Law and Practice of the International Criminal Court

The Law and Practice of the International Criminal Court

Author: Carsten Stahn

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 1441

ISBN-13: 0198705166

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The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.


The Nature of International Law

The Nature of International Law

Author: Miodrag A. Jovanović

Publisher: Cambridge University Press

Published: 2019-04-25

Total Pages: 287

ISBN-13: 1108473334

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The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.


The Hierarchy of States

The Hierarchy of States

Author: Ian Clark

Publisher: Cambridge University Press

Published: 1989-11-02

Total Pages: 268

ISBN-13: 9780521378611

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The hierarchy of states presents Ian Clark's Reform and resistance in the international order, a well-established text on international relations first published in 1980, in a completely revised form. Combining a detailed examination of theory with a full account of historical developments, Dr Clark analyses the nature of international order - the hierarchical state system - and its potential for reform. The theory of international order is explored tracing two traditions of thought epitomised in the writings of Kant and Rousseau, whilst in a historical survey Dr Clark covers the main attempts to implement international order since 1815 and includes such aspects as concert diplomacy, alliance systems, international organisations as well as such informal understandings as nuclear deterrence, crisis management and spheres of influence. This revised edition contains two new chapters - one on international/world order issues and the other on 'macro' changes between 1815 and 1990. Dr Clark has updated his discussion on the course of superpower relations and most of the material on the post-1945 period is introduced in this edition for the first time.


Irresolvable Norm Conflicts in International Law

Irresolvable Norm Conflicts in International Law

Author: Valentin Jeutner

Publisher: Oxford University Press

Published: 2017

Total Pages: 209

ISBN-13: 0198808372

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Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.