Kelsen, Hans. Principles of International Law. New York: Rinehart & Company, Inc. [1952]. xvii, 461 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-325-1. Cloth. $85. * Upon his retirement from the faculty of University of California at Berkeley in 1952, noted legal philosopher and political scientist Hans Kelsen [1881-1973] produced arguably this his most important work, "... a systematic study of the most important aspects of international law, including international delicts and sanctions, reprisals, the spheres of validity and the essential function of international law, creation and application of international law and national law." Nicoletta Bersier Ladavac, "Hans Kelsen (1881 - 1973) Biographical Note and Bibliography," European Journal of International Law Vol. 9 (1998) No. 2.
Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: we shall have to define the limits of its authority over cases such as we have just described. But it is possible to do this without entering upon a discussion of the minute and highly technical rules which are administered by courts in deciding matters of private right where the law of one country conflicts with the law of another. The name International Law is much more modern than the system to which it is applied. Facts and theories as to the origin and basis of our science have been names ghTnto reflected in its nomenclature. A great number the seience. c, i 1, j- of its precepts and many of its diplomatic forms were derived from Roman Law, directly by civilians or indirectly by canonists, and accordingly it was sometimes entitled Civil Laiv (Jus Civile). Bishop Ridley, as Visitor of the University of Cambridge in the reign of Edward VI., declared in a speech to that learned body, We are sure you are not ignorant how necessary a study that study of Civil Law is to all treaties with foreign princes and strangers. x And about a century and a half afterwards Locke, in his work on Education, wrote this quaint and significant passage, A virtuous and well-behaved young man, who is well versed in the general part of the Civil Law (which concerns not the chicane of private cases, but the affairs and intercourse of civilized nations in general, grounded upon principles of reason), understands Latin well, and can write a good hand, one may turn loose into the world with great assurance that he will find employment and esteem everywhere. Meanwhile other influences had made themselves felt. The Puritan idea that the Bible contained a complete code of conduct applicable to all possible conditions caused such works to be written as Richard Bernard's The Bible ba...
General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice.
This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.
