The Basis of Obligation in International Law
Author: James Leslie Brierly
Publisher:
Published: 1958
Total Pages: 387
ISBN-13:
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Brierly's Law of Nations
Author: Andrew Clapham
Publisher: OUP Oxford
Published: 2012-08-09
Total Pages: 433
ISBN-13: 0191632678
DOWNLOAD EBOOKThis concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.
The International Legal Personality of the Individual
Author: Astrid Kjeldgaard-Pedersen
Publisher: Oxford University Press
Published: 2018-08-08
Total Pages: 486
ISBN-13: 0192552341
DOWNLOAD EBOOKThis is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.
The Institutional Problem in Modern International Law
Author: Richard Collins
Publisher: Bloomsbury Publishing
Published: 2016-11-03
Total Pages: 468
ISBN-13: 1509900446
DOWNLOAD EBOOKModern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.
International Law and the Quest for Its Implementation
Author: Laurence Boisson De Chazournes
Publisher: BRILL
Published: 2010
Total Pages: 532
ISBN-13: 9004177140
DOWNLOAD EBOOKThis Liber Amicorum in honour of Professor Vera Gowlland-Debbas covers most of the topical problems of contemporary international law, in particular those related to the United Nations, human rights and humanitarian law, law-making, compliance and peaceful settlement of disputes.
The Theory, Practice, and Interpretation of Customary International Law
Author: Panos Merkouris
Publisher: Cambridge University Press
Published: 2022-05-26
Total Pages: 647
ISBN-13: 1009035843
DOWNLOAD EBOOKThis volume discusses the theory, practice, and interpretation of customary international law, as well as new developments and future research trajectories. Combining discussions of familiar concepts with new ideas, it is useful for researchers, scholars, and practitioners of international law. Available Open Access on Cambridge Core.
Necessity and National Emergency Clauses
Author: Diane A. Desierto
Publisher: Martinus Nijhoff Publishers
Published: 2012-01-06
Total Pages: 432
ISBN-13: 900421853X
DOWNLOAD EBOOKUnveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
International Legal Argument in the Permanent Court of International Justice
Author: Ole Spiermann
Publisher: Cambridge University Press
Published: 2005-01-06
Total Pages: 539
ISBN-13: 1139442686
DOWNLOAD EBOOKThe International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.
The Evolution and Transformation of International Law
Author: Max Hilaire
Publisher: Logos Verlag Berlin GmbH
Published: 2021-12-17
Total Pages: 295
ISBN-13: 3832553509
DOWNLOAD EBOOKDevelopments in International Law, from the Peace of Westphalia to the Post-United Nations Charter
The International Court of Justice and the Judicial Function
Author: Gleider I Hernández
Publisher: OUP Oxford
Published: 2014-05-29
Total Pages: 369
ISBN-13: 0191502553
DOWNLOAD EBOOKThis book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.
