Progress in International Law

Progress in International Law

Author: Russell A. Miller

Publisher: BRILL

Published: 2008

Total Pages: 945

ISBN-13: 9004165711

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"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.


The Notion of Progress in International Law Discourse

The Notion of Progress in International Law Discourse

Author: Thomas Skouteris

Publisher: T.M.C. Asser Press

Published: 2011-08-27

Total Pages: 276

ISBN-13: 9789067046886

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Progress is a familiar slogan in international law, commonly used to accompany claims for improvement or change. At the same time, the notion of progress is rarely explored as such in the literature. The book begins to address this gap by examining the function of the notion of progress in international law rhetoric and writing. By looking at three concrete case studies taken from 'everyday' international law, the book concentrates on explaining 'what is it' that makes a specific international law event synonymous with progress. The book engages questions of narrativity, objectivity, and truth in some of international law's founding progress narratives.


Time, History and International Law

Time, History and International Law

Author: Matthew C. R. Craven

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 264

ISBN-13: 9004154817

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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.


The Thin Justice of International Law

The Thin Justice of International Law

Author: Steven R. Ratner

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 497

ISBN-13: 0198704046

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Offering 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.


How to Do Things with International Law

How to Do Things with International Law

Author: Ian Hurd

Publisher: Princeton University Press

Published: 2019-08-27

Total Pages: 200

ISBN-13: 0691196508

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A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.


The Illusion of Progress

The Illusion of Progress

Author: Alexander Gillespie

Publisher: Earthscan

Published: 2014-05-14

Total Pages: 256

ISBN-13: 1849776229

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Is 'sustainable development' a charade sold to an increasingly misled public? This book presents a wide-ranging, penetrating critique of sustainability and what it actually means. The author argues that despite the rhetoric of socially and environmentally sustainable development and the ever-increasing number of legislative environmental policies, the real issues such as consumption, population growth and equity are either sidestepped or manipulated in international policy and law. Analyzing the main areas of concern - economic growth, market structure, trade, aid, debt, security and sovereignty - he shows that the entire development structure and the underpinnings of the debate are leading down quite a different path to that intended by sustainability.


The Limits of International Law

The Limits of International Law

Author: Jack L. Goldsmith

Publisher: Oxford University Press

Published: 2005-02-03

Total Pages: 271

ISBN-13: 0199883378

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International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.


The Making of International Law

The Making of International Law

Author: Alan E. Boyle

Publisher: Oxford University Press, USA

Published: 2007

Total Pages: 372

ISBN-13:

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1. Introduction 2. Participants in International Law-making 3. Multilateral Law-making Processes 4. Codification and Progressive Development of International law 5. Law-making Instruments 6. The Role of Courts.


Contemporary International Law and China’s Peaceful Development

Contemporary International Law and China’s Peaceful Development

Author: Lingliang Zeng

Publisher: Springer Nature

Published: 2020-10-30

Total Pages: 664

ISBN-13: 9811586578

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This book discusses selected frontier and hot theoretical and practical issues of international law in the 21st century and in the process of China's peaceful development strategy, such as interactions between harmonious world, international law and China s peaceful development; close connections of China rule of law with international rule of law; issues of international law resulted from the war of Former Yugoslavia, establishment of ICC, DPRK nuclear test, Iraq War, Independence of Crimea; features of WTO rule of law and its challenges as well as legal and practical disputes between China and other members in the WTO; recent tendency of regional trade agreements and characteristics of Chinese practices in this aspect; legal issues in relations between China and the European Union with a view of the framework of China–EU Comprehensive Strategic Partnership.