Theory and Reality in Public International Law

Author: Charles De Visscher

Publisher: Princeton University Press

ISBN: 1400875021

Category: Law

Page: 398

View: 1657

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.

Interpretation in International Law

Author: Andrea Bianchi,Daniel Peat,Matthew Windsor

Publisher: OUP Oxford

ISBN: 0191038709

Category: Law

Page: 380

View: 2233

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.

International Law

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

Publisher: Transaction Publishers

ISBN: 9780878557707

Category: Law

Page: 382

View: 2237


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: 7113


Reframing the International

Law, Culture, Politics

Author: Richard A. Falk,Lester Edwin J. Ruiz,R. B. J. Walker

Publisher: Psychology Press

ISBN: 9780415931762

Category: Law

Page: 258

View: 3136

Re-Framing the International insists that, if we are to properly face the challenges of the coming century, we need to re-examine international politics and development through the prism of ethics and morality. International relations must now contend with a widening circle of participants reflecting the diversity and unevenness of status, memory, gender, race, culture and class. This volume challenge North America's privileged position in world politics, suggest initiatives for improving the quality of human existence in tangible ways, and critique the conventional wisdom on how we think we can create peace and justice. It shows that, when we develop projects for world reform, we must remember that the most basic prevailing assumptions of modern law, politics, and culture are by no means as obvious, natural, or progressive as we formerly thought.

International Legal Theory

Essays and engagements, 1966-2006

Author: Nicholas Onuf

Publisher: Routledge

ISBN: 1135972176

Category: Law

Page: 504

View: 6042

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.

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: 9506

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.

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: 6913

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.

China, the United Nations and World Order

Author: Samuel S. Kim

Publisher: Princeton University Press

ISBN: 1400869803

Category: Political Science

Page: 610

View: 4858

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.

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: 3036

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.

Ethics and Authority in International Law

Author: Alfred P. Rubin

Publisher: Cambridge University Press

ISBN: 9780521046114

Category: Law

Page: 256

View: 4451

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'.

The Security Council and the Use of Force

Theory and Reality, a Need for a Change?

Author: Niels M. Blokker,Nico Schrijver

Publisher: Martinus Nijhoff Publishers

ISBN: 9004146423

Category: Political Science

Page: 308

View: 9792

This book addresses the authority of the UN Security Council to regulate the use of force. In particular, it examines the question of whether the present composition, functions, and powers of the Security Council are adequate to meet recent demands, such as the need perceived by states to use force in cases of humanitarian emergency and pre-emptive action in response to international terrorism and the proliferation of weapons of mass destruction. Is the Security Council still well positioned today to deal with these demands and challenges? In seeking a response, the book analyzes both Charter law and Security Council practice. It addresses not only the hotly debated recent crises concerning Kosovo, Afghanistan, and Iraq, but also resolutions dealing with the use of force by peacekeeping operations. A number of issues relating to the right of self-defence are analyzed, as are the emerging new roles of NATO and the African Union. Separate chapters of the book are devoted to the current discussion concerning the reform of the Security Council. A particular feature of the book is the interaction between academics and practitioners as well as between theory and reality.

Das Recht der Völker

Enthält: "Nochmals: Die Idee der öffentlichen Vernunft"

Author: John Rawls

Publisher: Walter de Gruyter

ISBN: 3110898535

Category: Philosophy

Page: 294

View: 6127

Welche Bedingungen lassen Völker gerecht und friedlich zusammenleben? Unter welchen Umständen sind Kriege gerechtfertigt? Welche Leitlinien müssen gegeben sein für Organisationen, die eine gerechte Gesellschaft von Völkern mit gleichen Rechten herzustellen vermögen? In acht Grundsätzen für eine gerechte internationale Ordnung entwickelt der amerikanische Philosoph John Rawls einen hypothetischen "Vertrag der Gesellschaft der Völker". Das jüngste Buch von John Rawls ist nach A Theory of Justice 1971, dt. 1975) und Political Liberalism (1993, dt. 1998) ein weiteres wichtiges Werk des bedeutenden amerikanischen Philosophen. Die Originalausgabe (The Law of Peoples, 1999) hat zu heftigen Kontroversen geführt.

Research Handbook on the Theory and History of International Law

Author: Alexander Orakhelashvili

Publisher: Edward Elgar Publishing

ISBN: 0857933086

Category: Law

Page: 560

View: 548

This pioneering Research Handbook with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are. Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.

The International Law Commission

Its Approach to the Codification and Progressive Development of Interenational Law

Author: B. G. Ramcharan

Publisher: Martinus Nijhoff Publishers

ISBN: 9789024719846

Category: Political Science

Page: 227

View: 5396


International Law

Author: Malcolm N. Shaw

Publisher: Cambridge University Press

ISBN: 1316061272

Category: Law

Page: N.A

View: 5711

This new edition of International Law confirms the text's status as the definitive book on the subject. Combining both his expertise as academic and practitioner, Malcolm Shaw's survey of the subject motivates and challenges both student and professional. By offering an unbeatable combination of clarity of expression and academic rigour, he ensures both understanding and critical analysis in an engaging and authoritative style. The text has been updated throughout to reflect recent case law and treaty developments. It retains the detailed references which encourage and assist further reading and study.