The Quest for World Order and Human Dignity in the Twenty-first Century
The Quest for World Order and Human Dignity in the Twenty-first Century

Author: W.M. Reisman

Publisher: Martinus Nijhoff Publishers

Published: 2013-02-18

Total Pages: 503

ISBN-13: 9004236163

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International law’s archipelago is composed of legal “islands”, which are highly organized, and “offshore” zones, manifesting a much lower degree of legal organization. Each requires a different mode of decisionmaking, each further complicated by the stress of radical change. This General Course is concerned, first, with understanding and assessing the aggregate performance of the world constitutive process, in present and projected constructs; second, with providing the intellectual tools that can enable those involved in making decisions to be more effective, whether they are operating in islands or offshore; and, third, with inquiring into ways the international legal system might be improved. Reisman identifies the individual as the ultimate actor in international law and explores the dilemmas of meaningful individual commitment to a world order of human dignity amidst interlocking communities and overlapping loyalties.

The Quest for World Order and Human Dignity in the Twenty-first Century
The Quest for World Order and Human Dignity in the Twenty-first Century

Author: Michael Reisman

Publisher: Martinus Nijhoff Publishing

Published: 2013

Total Pages: 0

ISBN-13: 9789004236158

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Also available as an e-book International law's archipelago is composed of legal "islands", which are highly organized, and "offshore" zones, manifesting a much lower degree of legal organization. Each requires a different mode of decisionmaking, each further complicated by the stress of radical change. This General Course is concerned, first, with understanding and assessing the aggregate performance of the world constitutive process, in present and projected constructs; second, with providing the intellectual tools that can enable those involved in making decisions to be more effective, whether they are operating in islands or offshore; and, third, with inquiring into ways the international legal system might be improved. Reisman identifies the individual as the ultimate actor in international law and explores the dilemmas of meaningful individual commitment to a world order of human dignity amidst interlocking communities and overlapping loyalties.

International Law and World Order
International Law and World Order

Author: B. S. Chimni

Publisher: Cambridge University Press

Published: 2017-05-25

Total Pages: 649

ISBN-13: 1107065267

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This book offers a critique of the principal contemporary approaches to international law alongside its own novel perspectives.

Human Dignity and Law
Human Dignity and Law

Author: Stephen Riley

Publisher: Routledge

Published: 2017-11-10

Total Pages: 326

ISBN-13: 1351975242

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This book argues that human dignity and law stand in a privileged relationship with one another. Law must be understood as limited by the demands made by human dignity. Conversely, human dignity cannot be properly understood without clarifying its interaction with legal institutions and legal practices. This is not, then, a survey of the uses of human dignity in law; it is a rethinking of human dignity in relation to our principles of social governance. The result is a revisionist account of human dignity and law, one focused less on the use of human dignity in our regulations and more on its constitutive implications for the governance of the public realm. The first part conducts a wide-ranging moral, legal and political analysis of the nature and functions of human dignity. The second part applies that analysis to three fields of legal regulation: international law, transnational law, and domestic public law. The book will appeal to scholars in both philosophy and law. It will also be of interest to political theorists, particularly those working within the liberal tradition or those concerned with institutional design.

War and Justice in the 21st Century
War and Justice in the 21st Century

Author: Luis Moreno Ocampo

Publisher: Oxford University Press

Published: 2022

Total Pages: 649

ISBN-13: 0197628974

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"This book is a case study of my nine-year practice as the first Chief Prosecutor of the International Criminal Court (ICC). It presents the functioning of the autonomous criminal justice system created by the Rome Statute. The book depicts the Rome Statute operations, its interaction with the War on Terror, and their relationship with national legal systems and the UN Security Council. It comments on regional organizations, including the mechanisms to protect human rights established during the fifties in Europe, after in the Americas, and more recently in Africa"--

Justice and World Order
Justice and World Order

Author: George Andreopoulos

Publisher: Routledge

Published: 2022-04-28

Total Pages: 238

ISBN-13: 100054527X

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This book critically assesses the impact of Richard A. Falk’s scholarship, which has spanned nearly six decades and addressed key issues at the intersections of international law and relations. Falk has offered powerful insights on the nature and reach of international law, international relations, and the structure of their respective processes in order to assess the main challenges to the creation of a just "world order," the path-breaking concept which he has helped to develop. Continuing in the critical spirit that has informed Richard’s work as a scholar and a public intellectual, this book reflects a multiplicity of perspectives and approaches in the analysis and assessment of these selected themes. This volume looks at four key themes of Falk’s work: • International Law and International Relations Theories and Concepts • War, Peace, and Human Security • Social and Political Justice, and • The Scholar as Citizen and Activist This will be a useful book for scholars and students of international law, global governance, political theory, and international relations theory, and for those studying human security, international organizations, and transnational activism.

A Transnational Human Rights Approach to Human Trafficking
A Transnational Human Rights Approach to Human Trafficking

Author: Yoon Jin Shin

Publisher: BRILL

Published: 2017-11-06

Total Pages: 327

ISBN-13: 9004311149

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In A Transnational Human Rights Approach to Human Trafficking: Empowering the Powerless, Yoon Jin Shin proposes an innovative approach to empower individuals victimized by human trafficking, one of the most serious human rights challenges in today’s world of globalization and migration. Based on thorough empirical research and extensive comparative studies, Shin illuminates complex realities of migrant individuals experiencing trafficking situations and the problems of the current anti-trafficking regime driven by destination countries’ self-interest in crime and border control. Shin suggests an alternative transnational human rights framework, in which victimized migrants, who have been treated as passive targets of victim-witness protection or immigration regulation, finally attain their true voices as empowered rights-holders and effectively exercise their human, civil, and labor rights. Shin received the 2014-2015 Ambrose Gherini Prize, the highest prize awarded in the field of International Law by Yale Law School, for her doctoral dissertation on which this book is based.

International Dispute Resolution and the Public Policy Exception
International Dispute Resolution and the Public Policy Exception

Author: Farshad Ghodoosi

Publisher: Routledge

Published: 2016-06-10

Total Pages: 165

ISBN-13: 1317292847

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Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Human Flourishing: The End of Law
Human Flourishing: The End of Law

Author: W. Michael Reisman

Publisher: BRILL

Published: 2023-10-09

Total Pages: 1207

ISBN-13: 9004524835

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This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .

Principles of International Energy Transition Law
Principles of International Energy Transition Law

Author: édéric G. Sourgens

Publisher: Oxford University Press

Published: 2024-01-19

Total Pages: 401

ISBN-13: 0198876084

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Energy transition is a complex global problem, with governance and policies cutting across multiple legal silos including human rights, environment, international economics, finance, energy, law of the sea, and transnational commerce. As of yet, there is no comprehensive treatment of the legal principles governing energy transition as a whole. Furthermore, energy transition must solve a trilemma that pits energy equity (the need to provide access to energy needed to fuel human development) and energy security (the need to provide resilient and reliable energy systems) against environmental sustainability. Without a comprehensive understanding of these issues, law and policy-makers risk exacerbating rather than resolving the underlying problems. Principles of International Energy Transition Law introduces the energy transition problem by situating the climate emergency in its broader energy and development context, showing how global energy value chains are deeply enmeshed in and drive global economic and human development. It combines the different legal perspectives in one consistent analysis by outlining their interactions and showing how they can be reconciled. The book discusses thirty-two international legal principles governing different aspects of the energy transition trilemma's three parts. It then uses a commons governance perspective to propose a holistic approach to applying and balancing these different parts and their different legal principles. Highlighted sections summarise the most important concepts and ideas for easy reference, making the title particularly accessible for students and policy-makers as well as law practitioners.