Theory and Reality in Public International Law

Author: Charles De Visscher

Publisher: Princeton University Press

ISBN: 1400875021

Category: Law

Page: 398

View: 464

This edition of the work regarded as a modern classic in the field of international law corresponds to the third French edition in which the author updates his attempt "to increase the authority of international law by bringing back into it the values upon which it was founded." While this edition remains faithful to the ideas expounded in earlier versions, the author included new currents of thought in judicial practice and doctrine. These relate chiefly to the development of international organization, to the progress of codification, and to the decisions of the International Court of Justice. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
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Interpretation in International Law

Author: Andrea Bianchi,Daniel Peat,Matthew Windsor

Publisher: OUP Oxford

ISBN: 0191038709

Category: Law

Page: 380

View: 8958

International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
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International Law

Author: Richard A. Falk,Saul H. Mendlovitz,Samuel S. Kim

Publisher: Transaction Publishers

ISBN: 9780878557707

Category: Law

Page: 382

View: 2330

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The International Law of War

Transnational Coercion and World Public Order

Author: Myres Smith MacDougal,Florentino P. Feliciano

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792325840

Category: Law

Page: 872

View: 2621

Trials.
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Pure Theory of Law

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775785

Category: Law

Page: 356

View: 7912

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.
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Between Equal Rights

A Marxist Theory of International Law

Author: China Miéville

Publisher: Haymarket Books

ISBN: 1931859337

Category: Law

Page: 375

View: 2596

Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view.
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International Responsibility for Hostile Acts of Private Persons against Foreign States

Author: Manuel R. García-Mora

Publisher: Springer Science & Business Media

ISBN: 9401507228

Category: Law

Page: 207

View: 9904

Mankind's preoccupation with survival in this age has given renewed impetus to the idea of a world community deeply concerned with the prevention of friction between nations. The achievement to date has been largely in terms of efforts to control acts of aggression committed by governments. Most people have assumed that the military rivalry between the great powers is the only threat confronting the world today. While readily conceding that this threat has placed mankind in a highly precarious situation, this book, on the other hand, reflects my conviction that any program designed to attain world peace will be significantly incomplete without the control of hostile actions which private persons have been known to commit against foreign nations. Experience shows that these actions not only endanger the good re lations between states, but are also likely to plunge the world com munity into wars, thus spreading destruction and human suffering everywhere.
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International Legal Theory

Essays and engagements, 1966-2006

Author: Nicholas Onuf

Publisher: Routledge

ISBN: 1135972176

Category: Law

Page: 504

View: 9616

Nicholas Onuf’s International Legal Theory: Essays and Engagements 1966-2007 is a collection of the author’s articles and book reviews from the period, including some previously unpublished material. The book records the author’s efforts to address important problems in international legal theory and to engage other scholars who were also addressing these problems. As well as demonstrating Onuf’s own constructivist contribution to the theoretical dimension of international law and international relations, each piece is preceded by a short introduction which highlights the wider themes and developments which have occurred in the field of international law in the last forty years.
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Mobilizing for Human Rights

International Law in Domestic Politics

Author: Beth A. Simmons

Publisher: Cambridge University Press

ISBN: 0521885108

Category: Law

Page: 451

View: 1371

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.
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Ethics and Authority in International Law

Author: Alfred P. Rubin

Publisher: Cambridge University Press

ISBN: 9780521046114

Category: Law

Page: 256

View: 1406

The specialized vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'.
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Diplomatic Asylum

Legal Norms and Political Reality in Latin American Relations

Author: Carroll Neale Ronning

Publisher: Springer Science & Business Media

ISBN: 9401190321

Category: Political Science

Page: 242

View: 7564

The legal status of the institution of diplomatic asylum really presents two separate questions. (I) Is there evidence that states have regarded the practice of granting such asylum to political refugees as sanctioned by a rule of international law? (2) Assuming this to be the case, does the available evidence make it possible to define a "political refugee" and to determine which party to a dispute has the right to decide upon this question? While in many cases the two questions are not dearly separated in the discussions between the parties involved, they will be treated separately in the following pages. Part one will attempt to answer this question: Assuming the political nature of an offence can be establish ed, is there evidence that states have regarded the practice of granting diplomatic asylum as sanctioned by a rule of international law? Obviously, the two questions cannot be separated entirely but it seems advisable to try to isolate them as much as possible. CHAPTER I NATURE AND SCOPE OF THE PROBLEM The term "asylum" is used to identify such a variety of phenomena that the following distinctions must be made before the problem can be properly discussed I. Between diplomatic and territorial asylum. The importance of this distinction was pointed out by the International Court of Justice in the Colombian-Peruvian Asylum Case,l often referred to as the Haya de la Torre Case.
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China, the United Nations and World Order

Author: Samuel S. Kim

Publisher: Princeton University Press

ISBN: 1400869803

Category: Political Science

Page: 610

View: 1307

China's role in the United Nations has been a significant one. Yet, Samuel Kim contends, as far as the literature on Chinese foreign policy is concerned, the People's Republic of China still remains outside the heuristic framework of the global community. In a comprehensive macro-analysis of Chinese global politics, Professor Kim probes China's image and strategy of world order as manifested through its behavior in the UN. The author draws upon a wide range of previously untapped primary sources, including China's policy pronouncements and voting record and over a hundred personal interviews with UN delegates and international civil servants. He finds that Chinese participation has made the United Nations not only more representative but also more relevant as the global political institution responding to the challenge of establishing a more humane and just world order. Originally published in 1979. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
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The Unanimity Rule in the Revision of Treaties a Re-Examination

Author: Edwin C. Hoyt

Publisher: Springer Science & Business Media

ISBN: 9401195668

Category: Law

Page: 264

View: 2893

In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as "states," and has had at last to yield at least to the concept that an international organization may also be a subject of inter national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no tions; they must be revised to be brought into line with reality.
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The Growth of World Law

Author: Percy Ellwood Corbett

Publisher: Princeton University Press

ISBN: 1400867894

Category: Law

Page: 230

View: 7918

The Growth of World Law tells the story of the achievements that constitute an historic trend in the half century since the inauguration of the League of Nations, and documents transition from international law regulating conduct among states to world law for mankind: law transcending states and equally applicable to individuals, corporations, international organizations, and states. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
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Compliant Rebels

Rebel Groups and International Law in World Politics

Author: Hyeran Jo

Publisher: Cambridge University Press

ISBN: 1316432432

Category: Political Science

Page: N.A

View: 1454

Seventeen million people have died in civil wars and rebel violence has disrupted the lives of millions more. In a fascinating contribution to the active literature on civil wars, this book finds that some contemporary rebel groups actually comply with international law amid the brutality of civil conflicts around the world. Rather than celebrating the existence of compliant rebels, the author traces the cause of this phenomenon and argues that compliant rebels emerge when rebel groups seek legitimacy in the eyes of domestic and international audiences that care about humanitarian consequences and human rights. By examining rebel groups' different behaviors such as civilian killing, child soldiering, and allowing access to detention centers, Compliant Rebels offers key messages and policy lessons about engaging rebel groups with an eye toward reducing civilian suffering in war zones.
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