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| Author | : Surabhi Ranganathan |
| Publisher | : Cambridge University Press |
| Total Pages | : 483 |
| Release | : 2014-12-18 |
| Genre | : Law |
| ISBN | : 1316194736 |
Download Strategically Created Treaty Conflicts and the Politics of International Law Book in PDF, ePub and Kindle
Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.
| Author | : Surabhi Ranganathan |
| Publisher | : |
| Total Pages | : 443 |
| Release | : 2014 |
| Genre | : International law |
| ISBN | : 9781316202159 |
Download Strategically Created Treaty Conflicts and the Politics of International Law Book in PDF, ePub and Kindle
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
| Author | : Surabhi Ranganathan |
| Publisher | : |
| Total Pages | : |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
Download International Law and Strategically-created Treaty Conflicts Book in PDF, ePub and Kindle
| Author | : Valentin Jeutner |
| Publisher | : Oxford University Press |
| Total Pages | : 209 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0198808372 |
Download Irresolvable Norm Conflicts in International Law Book in PDF, ePub and Kindle
Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.
| Author | : Ali Sadat-Akhavi |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 296 |
| Release | : 2003-01-01 |
| Genre | : Political Science |
| ISBN | : 9789041120311 |
Download Methods of Resolving Conflicts Between Treaties Book in PDF, ePub and Kindle
Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues. This work will assist and appeal to both academics in the fields of international law and political science and professionals engaged in international negotiations and treaty-making.
| Author | : Margaret A. Young |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2012-01-12 |
| Genre | : Law |
| ISBN | : 1139504932 |
Download Regime Interaction in International Law Book in PDF, ePub and Kindle
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
| Author | : C. J. Greenwood |
| Publisher | : |
| Total Pages | : 710 |
| Release | : 2006 |
| Genre | : Humanitarian law |
| ISBN | : |
Download Essays on War in International Law Book in PDF, ePub and Kindle
The essays contained in this volume deal both with the law concerning resort to force (jus ad bellum) and the law which regulates the conduct of hostilities once the decision to resort to force has been taken (jus in bello). The collection looks at Iraqi invasion of Kuwait in 1990 and shift towards the interpretation of decisions of the Security Council rather than the reliance on the law of self-defence in assessing the legality or illegality of a state's resort to force. Also addressed are questions of whether international law permits the pre-emptive use of force and humanitarian intervention. The collection also contributes to the debates surrounding the law on the conduct of hostilities (the laws of war, properly so called), including intense debate over whether nuclear weapons could ever lawfully be employed, whether there is a role for belligerent reprisals in modern international law, the system for the prosecution of war crimes and the duties of the belligerent occupant.
| Author | : John Kish |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 186 |
| Release | : 1995-12-20 |
| Genre | : Law |
| ISBN | : 9789041100306 |
Download International Law and Espionage Book in PDF, ePub and Kindle
2. Espionage in War at Sea.
| Author | : Kish |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 180 |
| Release | : 2023-09-29 |
| Genre | : Law |
| ISBN | : 9004640584 |
Download International Law and Espionage Book in PDF, ePub and Kindle
Espionage, an area of state activity which is vital to international relations, yet which is unregulated by international law, is coming to assume increasing importance in the `New World Order'. International Law and Espionage examines four major areas of public international law: freedom of information and human rights, diplomacy, territory, and armed conflict. A detailed analysis is given of their theoretical and practical connection to the practice of espionage. The relevance of international law to espionage is clearly demonstrated, not least by the absence of any official link between the two (save in time of war). The conclusion is inescapable: it is high time for international legal provision to be made for the control of an activity which is universal, and which plays such a crucial role in the deterrence of conflict and the maintenance of international peace and security. International Law and Espionage was written by the late Dr John Kish, and completed and edited by David Turns. It is an essential reference work for those who seek to understand the ill-defined legality and permissibility of espionage in the uncertainties of the modern world. Required reading for international lawyers, and all interested in the realities of international relations.
| Author | : Valentin Jeutner |
| Publisher | : Oxford University Press |
| Total Pages | : 224 |
| Release | : 2017-08-04 |
| Genre | : Law |
| ISBN | : 0192536052 |
Download Irresolvable Norm Conflicts in International Law Book in PDF, ePub and Kindle
Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
