The international law of recognition
Author: Ti-Chiang Chen
Publisher: Рипол Классик
Published: 1951
Total Pages: 487
ISBN-13: 5875231823
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Recognition in International Law
Author: Hersch Lauterpacht
Publisher: Cambridge University Press
Published: 2012-11
Total Pages: 505
ISBN-13: 1107609437
DOWNLOAD EBOOKOriginally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.
Recognition of Governments in International Law
Author: Stefan Talmon
Publisher: Oxford University Press
Published: 1998
Total Pages: 476
ISBN-13: 9780198265733
DOWNLOAD EBOOKBased on an analysis of the diplomatic practice of States, and decisions by national and international courts, this book explores the two central questions of the recognition of governments. These are namely: what are the meanings of the term 'recognition' and its variants in internationallaw; and what is the effect of recognition on the legal status of foreign authorities, and in particular of authorities in exile recognized as governments. The book is comprehensive in its analysis of the issues, and covers material which is of significant historical interest, as well as highlytopical material such as recent developments in Angola, Kuwait and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike. It may also be of interest to diplomats and civil servants working in organizations such as the United Nations.
Legal Personality in International Law
Author: Roland Portmann
Publisher: Cambridge University Press
Published: 2010-08-26
Total Pages:
ISBN-13: 1139493221
DOWNLOAD EBOOKSeveral international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.
Recognition in International Law:A Bibliography
Author: Stefan Talmon
Publisher: Springer
Published: 2000-09-20
Total Pages: 446
ISBN-13:
DOWNLOAD EBOOKThe bibliography lists the literature and State practice on the question of recognition in international law for the last two hundred years. It contains books and articles, ie. contributions to journals and other collected works such as Festschriften and Encyclopaedias, as well as (published and unpublished) theses, pamphlets, compilations of diplomatic documents and case notes. As many of the monographs on recognition in international law will not be available in all libraries, book reviews have been included in the bibliography in order to enable the user to decide whether it may be advisable to order a certain work by inter-library loan. Its 4,500 entries are arranged systematically according to subject categories in fourteen main sections. Each main section is further subdivided with ever-increasing specificity into sub-sections on codification, codification attempts, general studies, studies of certain recognition questions and studies of specific recognition cases. The bibliography employs a broad meaning of recognition. It is not restricted to the question of status of an authority or entity in international law but encompasses also the question of relations with it. As many of the recognition cases must be considered, and can only be understood, against their historic, political and sometimes even economic background, the bibliography includes not only purely legal treaties but also publications of a primarily historical, political or economic content which incidentally deal with aspects of recognition in international law. This is reflected by the titles of the 730 journals from more than 50 countries in 20 different languages which have been used to compile the bibliography. The bibliography contains both an author and a comprehensive subject index to enable users to locate works of a particular writer or a specific problem.
International Law in Domestic Courts
Author: André Nollkaemper
Publisher:
Published: 2018
Total Pages: 769
ISBN-13: 0198739745
DOWNLOAD EBOOKThe Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
The Recognition of States
Author: Thomas D. Grant
Publisher: Bloomsbury Publishing USA
Published: 1999-12-30
Total Pages: 281
ISBN-13: 0313028311
DOWNLOAD EBOOKThomas D. Grant examines the Great Debate over state recognition, tracing its eclipse, and identifying trends in contemporary international law that may explain the lingering persistence of the terms of that debate. Although writers have generally accepted the declaratory view as more accurate than its old rival, the judicial sources often cited to support the declaratory view do not on scrutiny do so as decisively as commonly assumed. Contemporary doctrinal preference requires explanation. Declaratory doctrine, in its apparent diminution of the role state discretion plays in recognition, is in harmony, Grant asserts, with contemporary aspirations for international law. It may seem to many writers, he believes, that international governance functions better in a conceptual framework that reduces the power of states to legislate what entities are states. Grant proceeds from this analysis of the contemporary status of the old debate to ask what questions now take center stage. In place of doctrine, Grant argues, process is the chief issue concerning recognition today. Whether to recognize unilaterally or in a collective framework; whether to acknowledge legal rules or to let recognition be controlled by political calculus—as Grant points out, such questions concern how states recognize, not the theoretical nature of recognition. This is an important analysis for scholars and researchers of international law and relations and contemporary European politics.
The Legal Effects of Recognition in International Law as Interpreted by the Courts of the United States
Author: John Gaines Hervey
Publisher: University of Pennsylvania Press Anniversary Collection
Published: 1928
Total Pages: 202
ISBN-13:
DOWNLOAD EBOOKCourt procedure where political departments have failed to act, based on an analysis of more than two hundred of the leading American and English decisions over a period of one hundred and fifty years.
Statehood and the State-like in International Law
Author: Rowan Nicholson
Publisher:
Published: 2019
Total Pages: 257
ISBN-13: 0198851219
DOWNLOAD EBOOKThis book sets out to answer the question of when a political entity becomes a state in international law, one of the foundational questions of the discipline.
International Law: A Very Short Introduction
Author: Vaughan Lowe
Publisher: OUP Oxford
Published: 2015-11-26
Total Pages: 145
ISBN-13: 0191576204
DOWNLOAD EBOOKInterest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
