Sir Gerald Fitzmaurice and the World Crisis
Author: Anthony Carty
Publisher:
Published: 2000
Total Pages:
ISBN-13:
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Sir Gerald Fitzmaurice and the World Crisis
Author: Anthony Carthy
Publisher: Martinus Nijhoff Publishers
Published: 2000-04-18
Total Pages: 706
ISBN-13: 9041112421
DOWNLOAD EBOOK"Fitzmaurice and the World Crisis" examines the impact of the legal advice of G.G. Fitzmaurice on the making of British Foreign Policy during the key phases of the developing World Crisis, from 1932 to 1945, in relations with Japan and Germany. Particular attention is given to whether relations with Germany were defined in terms of classical power politics or in a new language of the rule of law in international society. The main themes highlight Fitzmaurice's contribution to the shaping of major issues and illustrate the breadth of scope in the work of the legal adviser: the Manchurian Crisis; Anglo-German relations in the 1930s; the concluding of the Anglo-Polish Treaty of 1939; economic warfare and the laws of war at sea (1939-43); debate surrounding the nature of Germany's surrender and the drafting of armistice terms. The book breaks new ground with respect to the basic technical crafts of the international lawyer. It shows how the skills of the diplomatic historian, working with unpublished Foreign Office archives, are essential to unravelling the true legal practice of a state as an element in the evolution of customary international law. The aim is not simply to unearth and present, in a minimally edited form, the legal opinions of Fitzmaurice, but also to assess his impact within the Foreign Office. It concludes that the role of the individual international lawyer in government institutions is potentially very significant. However, his influence depends not simply on the stubbornness with which he holds onto his professional expertise, but also on his moral vision and sensitivity towards the complexities of the context in which he has the potential to shape events.
Sir Gerald Fitzmaurice and the World Crisis of 1930-1945
Author: Anthony Carty
Publisher: BRILL
Published: 2021-10-25
Total Pages: 700
ISBN-13: 9004481818
DOWNLOAD EBOOKFitzmaurice and the World Crisis examines the impact of the legal advice of G.G. Fitzmaurice on the making of British Foreign Policy during the key phases of the developing World Crisis, from 1932 to 1945, in relations with Japan and Germany. Particular attention is given to whether relations with Germany were defined in terms of classical power politics or in a new language of the rule of law in international society. The main themes highlight Fitzmaurice's contribution to the shaping of major issues and illustrate the breadth of scope in the work of the legal adviser: the Manchurian Crisis; Anglo-German relations in the 1930s; the concluding of the Anglo-Polish Treaty of 1939; economic warfare and the laws of war at sea (1939-43); debate surrounding the nature of Germany's surrender and the drafting of armistice terms. The book breaks new ground with respect to the basic technical crafts of the international lawyer. It shows how the skills of the diplomatic historian, working with unpublished Foreign Office archives, are essential to unravelling the true legal practice of a state as an element in the evolution of customary international law. The aim is not simply to unearth and present, in a minimally edited form, the legal opinions of Fitzmaurice, but also to assess his impact within the Foreign Office. It concludes that the role of the individual international lawyer in government institutions is potentially very significant. However, his influence depends not simply on the stubbornness with which he holds onto his professional expertise, but also on his moral vision and sensitivity towards the complexities of the context in which he has the potential to shape events.
Philosophy of International Law
Author: Anthony Carty
Publisher: Edinburgh University Press
Published: 2017-02-03
Total Pages: 304
ISBN-13: 0748675531
DOWNLOAD EBOOKDiscover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society
Iraq and the Use of Force in International Law
Author: Marc Weller
Publisher: Oxford University Press, USA
Published: 2010
Total Pages: 306
ISBN-13: 0199595305
DOWNLOAD EBOOKOne million people in the UK alone demonstrated against the 2003 invasion of Iraq. A crucial element of the opposition to the war was the lack of a clear legal basis. This is the first book to analyze the lawfulness of the use of force against Iraq on the basis of formerly classified material made public by the official UK inquiry into the war.
British Influences on International Law, 1915-2015
Author: Robert McCorquodale
Publisher: BRILL
Published: 2016-06-27
Total Pages: 542
ISBN-13: 9004284176
DOWNLOAD EBOOKThis book considers British influences on the development of international law over 100 years from 1915. This century has been marked by unprecedented developments in international law, not least the setting up of an array of international organisations, including the United Nations and the League of Nations, and international courts and tribunals (including the International Court of Justice and its predecessor the Permanent Court of International Justice, as well as the International Criminal Court). Two world wars, complex transboundary issues and increased globalisation have shown the importance of international law. This volume addresses these developments – domestic, regional and international - and looks at how Britain and British people (broadly defined) have influenced these changes. The contributors to the book have examined an array of different issues. These include British influences on treaty-making, recognition and immunity, as well as on specific fields of international law, such as armed conflict, criminal law, environment and human rights. It has commentary on the British influence on the sources of international law, including by its courts and Foreign Office, in the development of the European Union and in the idea of a professional international lawyer. There are also reflections on many of the key people over the century. The book provides a novel perspective, which surveys and appraises the contributions of British people and institutions in domestic and international legal forums and their key role in the development, interpretation and application of international law. Please also see the following related titles: - The Role of Legal Advisers in International Law - British Contributions to International Law, 1915-2015
A Cornerstone of Modern Diplomacy
Author: Kai Bruns
Publisher: Bloomsbury Publishing USA
Published: 2014-06-19
Total Pages: 249
ISBN-13: 1628921560
DOWNLOAD EBOOKThe Vienna Convention on Diplomatic Relations (VCDR) was signed at the height of the Cold War more than fifty years ago. The agreement and its negotiation have become a cornerstone of diplomatic law. A Cornerstone of Modern Diplomacy, which is based on archival research in the National Archives (London), the Austrian State Archives (Vienna) and the Political Archive (Berlin), delivers the first study of the British policy during the negotiation of the key convention governing diplomatic privileges and immunities: the 1961 Vienna Convention on Diplomatic Relations. The book provides a complete commentary on the political aspects of the codification process of diplomatic law. By clearly presenting the case with accessible analysis, author Kai Bruns makes the relations between international law and politics understandable, stressing the impact of the emergence of the third world in UN diplomacy. This unique study is a crucial piece of scholarship, shedding light on the practice of United Nations conference diplomacy and the codification of diplomatic law at the height of the Cold War.
Crafting the International Order
Author: Marcus M. Payk
Publisher: Oxford University Press
Published: 2021-03-25
Total Pages: 288
ISBN-13: 0192609262
DOWNLOAD EBOOKThis volume sheds light on how lawyers have made sense of, engaged in, and shaped international politics over the past three hundred years. Chapters show how politicians and administrators, diplomats and military men, have considered their tasks in legal terms, and how the field of international relations has been filled with the distinctly legal vocabulary of laws, regulations, treaties, agreements, and conventions. Leading experts in the field provide insights into what it means when concrete decisions are taken, negotiations led, or controversies articulated and resolved by legal professionals. They also inquire into how the often-criticised gaps between juristic standards and everyday realities can be explained by looking at the very medium of law. Rather than sorting people and problems into binary categories such as 'law' and 'politics' or 'theory' and 'practice', the case studies in this volume reflect on these dichotomies and dissolve them into the messy realities of conflicts and interactions which take place in historically contingent situations, and in which international lawyers assume varying personas.
Neutrality in Contemporary International Law
Author: James Upcher
Publisher: Oxford University Press
Published: 2020-05-03
Total Pages: 340
ISBN-13: 0191060275
DOWNLOAD EBOOKThe law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
Routledge Handbook of International Law
Author: David Armstrong
Publisher: Routledge
Published: 2009-01-13
Total Pages: 495
ISBN-13: 1134113099
DOWNLOAD EBOOKThis Handbook provides a definitive global survey of the interaction of international politics and international law.
