Is International Law International?

Is International Law International?

Author: Anthea Roberts

Publisher: Oxford University Press

Published: 2017

Total Pages: 433

ISBN-13: 0190696419

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This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.


The Elgar Companion to the Hague Conference on Private International Law

The Elgar Companion to the Hague Conference on Private International Law

Author: Thomas John

Publisher: Edward Elgar Publishing

Published: 2020-12-25

Total Pages: 544

ISBN-13: 1788976509

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This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.


Culture and International Law

Culture and International Law

Author: Hikmahanto Juwana

Publisher: CRC Press

Published: 2019-09-03

Total Pages: 503

ISBN-13: 0429759762

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In this era of globalization, International Law plays a significant role in facing rapid development of various legal issues. Cultural preservation has emerged as an important legal issue that should be considered by States. This book consists of academic papers presented and discussed during the 9th International Conference of the Centre of International Law Studies (9th CILS Conference) held in Malang, Indonesia, 2-3 October 2018. The title of the book represents the major theme of the conference: "Culture and International Law." It is argued that along with globalization, cultural preservation is slowly ignored by States. Various papers presented in the book cover five topics: cultural heritage; cultural rights; culture and economic activity; culture and armed conflict; and a general topic. The authors of the papers are outstanding academics from various countries, Lithuania, United States of America, Australia, Thailand and Indonesia. The conference was organized by Universitas Indonesia in collaboration with Brawijaya University. This book aims to give a useful contribution to the existing literature on International Law, specifically focussing on cultural issues from the perspective of cultural heritage and rights, economic as well as armed conflict.


Baselines under the International Law of the Sea

Baselines under the International Law of the Sea

Author: Coalter G. Lathrop

Publisher: BRILL

Published: 2019-03-27

Total Pages: 185

ISBN-13: 9004398147

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Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.


Contingency in International Law

Contingency in International Law

Author: Ingo Venzke

Publisher: Oxford University Press

Published: 2021

Total Pages: 577

ISBN-13: 0192898035

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This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.


Bandung, Global History, and International Law

Bandung, Global History, and International Law

Author: Luis Eslava

Publisher: Cambridge University Press

Published: 2017-11-30

Total Pages: 735

ISBN-13: 1108500706

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In 1955, a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine nations. Against the backdrop of crumbling European empires, Asian and African leaders forged new alliances and established anti-imperial principles for a new world order. The conference came to capture popular imaginations across the Global South and, as counterpoint to the dominant world order, it became both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. In this book, leading international scholars explore what the spirit of Bandung has meant to people across the world over the past decades and what it means today. It analyzes Bandung's complicated and pivotal impact on global history, international law and, most of all, justice struggles after the end of formal colonialism.


International Law and Sea Level Rise

International Law and Sea Level Rise

Author: Davor Vidas

Publisher: BRILL

Published: 2019-03-27

Total Pages: 92

ISBN-13: 9004398198

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This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.


The Rule of Law in Europe

The Rule of Law in Europe

Author: María Elósegui

Publisher:

Published: 2021

Total Pages: 0

ISBN-13: 9783030560027

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This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term "illiberal democracies" is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union's sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts' responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.


The Function of Law in the International Community

The Function of Law in the International Community

Author: Hersch Lauterpacht

Publisher: OUP Oxford

Published: 2011-07-14

Total Pages: 1759

ISBN-13: 0191018465

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The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.


Legitimacy in International Law

Legitimacy in International Law

Author: Rüdiger Wolfrum

Publisher: Springer Science & Business Media

Published: 2008-02-26

Total Pages: 423

ISBN-13: 3540777644

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There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.