Reflections on international law in respect to African customary law
Author: Konrad Ginther
Publisher:
Published: 1995
Total Pages:
ISBN-13:
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Author: Konrad Ginther
Publisher:
Published: 1995
Total Pages:
ISBN-13:
DOWNLOAD EBOOKAuthor: Mieke van der Linden
Publisher: BRILL
Published: 2016-10-05
Total Pages: 364
ISBN-13: 9004321195
DOWNLOAD EBOOKOver recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
Author: Alan Boyle
Publisher: OUP Oxford
Published: 2007-02-22
Total Pages: 368
ISBN-13: 0191021768
DOWNLOAD EBOOKThis is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Author: Tim McCormack
Publisher: BRILL
Published: 2023-05-25
Total Pages: 239
ISBN-13: 9004545948
DOWNLOAD EBOOKFor 40 years Lindy Melman has been a publisher in heart and soul. Some of the authors she encountered along the way have dedicated an essay to her to celebrate this milestone. This book contains essays written by leading human rights and international law scholars from different parts of the world, discussing a wide range of topics, from indigenous peoples to the persistent relevance of the travaux préparatoires of the Genocide Convention and the conflict between EU law and international investment law.
Author: Stephen Allen
Publisher: Bloomsbury Publishing
Published: 2011-01-12
Total Pages: 620
ISBN-13: 1847316239
DOWNLOAD EBOOKThe adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.
Author: Anne Orford
Publisher: Cambridge University Press
Published: 2021-08-05
Total Pages: 395
ISBN-13: 1108480942
DOWNLOAD EBOOKExplores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Author: United Nations. International Law Commission
Publisher:
Published: 1956
Total Pages:
ISBN-13:
DOWNLOAD EBOOKAuthor: Frits Kalshoven
Publisher: BRILL
Published: 2007-05-31
Total Pages: 1128
ISBN-13: 9047420837
DOWNLOAD EBOOKThe papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians... Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.
Author: Kate Parlett
Publisher: Cambridge University Press
Published: 2011-04-14
Total Pages: 463
ISBN-13: 1139499971
DOWNLOAD EBOOKKate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Author: Giovanni Distefano
Publisher: BRILL
Published: 2019-05-07
Total Pages: 991
ISBN-13: 9004396691
DOWNLOAD EBOOKFundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.