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Author: Michael Byers
Publisher: Cambridge University Press
Published: 1999-03-11
Total Pages: 276
ISBN-13: 9780521634083
DOWNLOAD EBOOKThis book explains the most foundational aspect of international law in international relations terms.
Author: J. Craig Barker
Publisher: Bloomsbury Publishing
Published: 2000-12-01
Total Pages: 209
ISBN-13: 1441107274
DOWNLOAD EBOOKThe disciplines of international law and international relations are inextricably linked. Both are concerned with the activities of states and with predicting how states behave and on what basis.For the international lawyer, however, the key concern is the role of the law. On the other hand, political scientists have traditionally regarded international law with skepticism, if not contempt. In recent years new approaches in both disciplines have seen moves towards greater interdisciplinary collaboration. Indeed, at the start of the twenty-first century, theorists from both disciplines are talking actively about the development of a dual agenda of international law and international relations. This means that students of international relations need increasingly to be familiar with the terminology and methodology of international law.This essential introductory text examines the key concepts in international law with a view to illuminating them in the context of international relations. The first part of the book provides coverage of theoretical issues, addressing questions such as: How does international law work? How is international law made? and To whom does international law apply? The second part examines international law in context, focusing on the role of treaties and customary international law, the role of individuals in international law and the legal control of the use of force. It also uses case-study material including an examination of the Pinochet litigation.
Author: Thomas J. Schoenbaum
Publisher: Cambridge University Press
Published: 2006-05-22
Total Pages: 307
ISBN-13: 1139457128
DOWNLOAD EBOOKThis book is a comprehensive analysis of the relevance of international law to the conduct of international relations and foreign policy. Written by a distinguished international lawyer and academic with over 35 years of experience, this book contains a systematic treatment of both fields of study. This work serves as an introduction to contemporary theories of international relations and as a primer on international law especially for the non-lawyer. Focusing on contemporary problems of terrorism, nuclear non-proliferation, war and peace, economic development, protection of the global environment, reform of the United Nations, democracy and protection of human rights, this work develops the thesis that international law is a neglected tool of foreign policy that can be used to address many of today's difficult and unresolved problems. It concludes by advocating a 'new global order' in the form of the rule of law and multilateral solidarity in addressing world problems.
Author: Davide Orsi
Publisher: Springer
Published: 2016-10-04
Total Pages: 180
ISBN-13: 3319387855
DOWNLOAD EBOOKThis book argues that Michael Oakeshott’s political philosophy contributes to current debates in normative international theory and international political theory on the historical, social, and moral dimension of international society. Davide Orsi contends that the theory of civil association may be the ground for an understanding of international society as a rule-based form of moral association constituted by customary international law. The book also considers the role of evolving practices of morality in debates on international justice. Orsi grounds this work on a study of Oakeshott’s philosophical arguments and compares the Oakeshottian perspective to recent constructivist literature in International Relations.
Author: Chukwuebuka Edum
Publisher: Taylor & Francis
Published: 2023-12-22
Total Pages: 174
ISBN-13: 1003834949
DOWNLOAD EBOOKThis book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, this book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin, and the Indus River Basin. In doing so, this book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution, and sustainable development more generally.
Author: David Haljan
Publisher: Springer Science & Business Media
Published: 2012-10-30
Total Pages: 335
ISBN-13: 9067048585
DOWNLOAD EBOOKThe more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
Author: James C. Hathaway
Publisher: Cambridge University Press
Published: 2005-09-15
Total Pages: 1240
ISBN-13: 9781139445764
DOWNLOAD EBOOKThis book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
Author: Hélène Ruiz Fabri
Publisher: Bloomsbury Publishing
Published: 2008-05-29
Total Pages: 458
ISBN-13: 1847314325
DOWNLOAD EBOOKThis is the first volume of proceedings arising from the biennial conference of the European Society of International Law/Societe europeene de droit international, edited by Emmanuelle Jouannet, Hélène Ruiz Fabri and Vincent Tomkiewicz. The volume presents the highlights of the Paris Conference 2006, and the papers are evenly divided between English and French language contributions. It is envisaged that this will be the first volume of a series, with future volumes following on from each major ESIL/SEDI event.
Author: Jean d'Aspremont
Publisher: Oxford University Press
Published: 2021-05-10
Total Pages: 193
ISBN-13: 0192657704
DOWNLOAD EBOOKAlong with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law. The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.
