When International Law Works

Realistic Idealism After 9/11 and the Global Recession

Author: Tai-Heng Cheng

Publisher: Oxford University Press

ISBN: 0195370171

Category: LAW

Page: 341

View: 9935

When International Law Works stands to change the way that governments and scholars look at this contentious topic. In this seminal work, Professor Tai-Heng Cheng presents a new framework that nations should consider when they confront an international problem that implicates the often competing interests of their own communities and the global legal order. To demonstrate how his new proposal for approaching international law would work in a real crisis, Cheng provides numerous case studies from contemporary history. By thus combining theory with practice, When International Law Works gives policymakers, academics, and students 'real world' guidance on how to face new global problems.
Posted in LAW

How International Law Works

A Rational Choice Theory

Author: Andrew T. Guzman

Publisher: Oxford University Press

ISBN: 0199739285

Category: Law

Page: 260

View: 6689

Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.
Posted in Law

Mobilizing for Human Rights

International Law in Domestic Politics

Author: Beth A. Simmons

Publisher: Cambridge University Press

ISBN: 0521885108

Category: Law

Page: 451

View: 5065

Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.
Posted in Law

Targeted Killing in International Law

Author: Nils Melzer

Publisher: OUP Oxford

ISBN: 0191029874

Category: Law

Page: 528

View: 4830

This book conducts an in-depth analysis into the lawfulness of State-sponsored targeted killings under international human rights and humanitarian law. It also addresses the relevance of the law of inter-state force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the intentional use of lethal force. Through a comprehensive analysis of treaties, custom, and general principles of law in light of jurisprudence, doctrine, and travaux preparatoires the author demonstrates that contemporary international law provides two distinct normative paradigms which govern the use of lethal force in law enforcement and in the conduct of hostilities. Based on the resulting normative paradigms, the author shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities is illustrated by reference to concrete examples of targeted killing from recent State practice. In essence the book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a 'microscopic' interpretation of the law regulating the conduct of hostilities which leads to nuanced results. The author concludes by highlighting and comparing the main areas of concern arising with regard to State-sponsored targeted killing under each normative paradigm and by placing the results of the analysis in the wider context of the rule of law.
Posted in Law

The Oxford Handbook of the History of International Law

Author: Bardo Fassbender,Anne Peters,Simone Peter

Publisher: OUP Oxford

ISBN: 019163252X

Category: Law

Page: 1272

View: 9586

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
Posted in Law

The Law of Nations

Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns. A Work Tending to Display the True Interest of Powers

Author: Emer de Vattel

Publisher: N.A

ISBN: N.A

Category: International law

Page: 563

View: 6654

Posted in International law

Defining Terrorism in International Law

Author: Ben Saul

Publisher: Oxford University Press on Demand

ISBN: 9780199535477

Category: Law

Page: 373

View: 6288

Terrorism has never been defined in international law. This book examines the many failed attempts by the international community and the United Nations since the 1920s to define and criminalize terrorism, including heated debates about 'freedom fighters' and 'State terrorism'. It clearly explains why the international community should define and criminalize terrorism, how it should define it, and what it should exclude from the definition of terrorism. In doingso, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.
Posted in Law

Soft Law and the Global Financial System

Author: Christopher Brummer

Publisher: Cambridge University Press

ISBN: 1107128633

Category: Law

Page: 368

View: 6403

Newly expanded and revised, this book explains why informal standards are used to coordinate global financial rules.
Posted in Law

The Creation of States in International Law

Author: James Crawford

Publisher: Oxford University Press

ISBN: 0198260024

Category: Law

Page: 870

View: 327

Presents a comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, this edition tackles problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and more.
Posted in Law

Law and Morality at War

Author: Adil Ahmad Haque

Publisher: Oxford University Press

ISBN: 0199687390

Category:

Page: 304

View: 1027

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? Howcertain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians becomeunlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge internationaldebate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status ofcivilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excusetheir wrongful actions.
Posted in

The Law of Maritime Blockade

Past, Present, and Future

Author: Phillip Drew

Publisher: Oxford University Press

ISBN: 0198808437

Category: Law

Page: 210

View: 3043

Although appearing to be a relatively benign method of warfare when viewed from a distance, a close examination of maritime blockade unveils a sinister character that can, in cases where countries are highly reliant on imports of foodstuffs to feed their populations, prove incredibly deadly, particularly for the young and elderly. This book is unique in that it is the only contemporary book that is dedicated to the study of the law of maritime blockade in the context of modern humanitarian law. Reviewing the development of blockade law over the past four centuries, The Law of Maritime Blockade provides a historical analysis of the law as it emerged, tracing its evolution through armed conflicts between 1684 and the present. Referring to the starvation caused by the blockade of Germany during World War I and the humanitarian crisis caused by the sanctions regime against Iraq (1991-2003), this book demonstrates that blockade can have extremely deleterious effects for vulnerable civilian populations. In this context the current law of blockade is examined, and found to be deficient in terms of its protection for civilians. Recognizing and advocating that blockade should remain as a valid and effective method of warfare, the book offers a template for a modern law of blockade maritime blockade that incorporates many of the traditional aspects of the law, while reducing the possibilities that blockades can cause or exacerbate humanitarian disasters.
Posted in Law

Legitimacy and Legality in International Law

An Interactional Account

Author: Jutta Brunnée,Stephen J. Toope

Publisher: Cambridge University Press

ISBN: 1139491474

Category: Law

Page: N.A

View: 9456

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Posted in Law

Pure Theory of Law

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775785

Category: Law

Page: 356

View: 7527

Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.
Posted in Law

The Oxford Guide to Treaties

Author: Duncan B. Hollis

Publisher: OUP Oxford

ISBN: 0191637572

Category: Law

Page: 874

View: 3791

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.
Posted in Law

Fighting and Victimhood in International Criminal Law

Author: Joanna Nicholson

Publisher: Routledge

ISBN: 1317210549

Category: Law

Page: 195

View: 6028

The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.
Posted in Law

The World Factbook

Author: Central Intelligence Agency

Publisher: Masterlab

ISBN: 8379912136

Category: Reference

Page: 3100

View: 2611

The World Factbook provides information on the history, people, government, economy, geography, communications, transportation, military, and transnational issues for 267 world entities. The World Factbook is prepared by the Central Intelligence Agency. Comprehensive guide full of facts, maps, flags, and detailed information. A must for travellers, businessmen, politicians, and all who wants to know more about our fascinating world. -- We share these facts with the people of all nations in the belief that knowledge of the truth underpins the functioning of free societies (From official webpage). Tags: world, guide, facts, almanach
Posted in Reference

Nicaragua Before the International Court of Justice

Impacts on International Law

Author: Edgardo Sobenes Obregon,Benjamin Samson

Publisher: Springer

ISBN: 331962962X

Category: Law

Page: 435

View: 7774

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.
Posted in Law

The Court and the World

American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 5758

"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
Posted in Law

The Limits of International Law

Author: Jack L. Goldsmith,Eric A. Posner

Publisher: Oxford University Press

ISBN: 0195314174

Category: Law

Page: 262

View: 3374

International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Posted in Law

Silent Spring

Author: Rachel Carson

Publisher: Houghton Mifflin Harcourt

ISBN: 9780618249060

Category: Nature

Page: 378

View: 5746

Discusses the reckless annihilation of fish and birds by the use of pesticides and warns of the possible genetic effects on humans.
Posted in Nature