Irresolvable Norm Conflicts In International Law PDF Download
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Author | : Valentin Jeutner |
Publisher | : Oxford University Press |
Total Pages | : 208 |
Release | : 2017-07-14 |
Genre | : Law |
ISBN | : 0192536044 |
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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.
Author | : Valentin Jeutner |
Publisher | : Oxford University Press |
Total Pages | : 209 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198808372 |
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Based on doctoral thesis, University of Cambridge, 2015. --Page vii.
Author | : Cezary Mik |
Publisher | : Taylor & Francis |
Total Pages | : 622 |
Release | : 2024-05-07 |
Genre | : Law |
ISBN | : 1040020909 |
Download Theory of Obligations in International Law Book in PDF, ePub and Kindle
Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Author | : Marko Milanovic |
Publisher | : OUP Oxford |
Total Pages | : 301 |
Release | : 2013-03-28 |
Genre | : Law |
ISBN | : 0191504807 |
Download Extraterritorial Application of Human Rights Treaties Book in PDF, ePub and Kindle
Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.
Author | : Simon Chesterman |
Publisher | : |
Total Pages | : 332 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9780199257997 |
Download Just War Or Just Peace? Book in PDF, ePub and Kindle
This book asks whether states have the right to intervene in foreign civil conflicts for humanitarian reasons. The UN Charter prohibits state aggression, but many argue that such a right exists as an exception to this rule. Offering a thorough analysis of this issue, the book puts NATO's action in Kosovo in its proper legal perspective.
Author | : Tobias Ackermann |
Publisher | : Cambridge University Press |
Total Pages | : 401 |
Release | : 2022-08-25 |
Genre | : Law |
ISBN | : 1009207830 |
Download The Effects of Armed Conflict on Investment Treaties Book in PDF, ePub and Kindle
The book explores the effects of armed conflict and international humanitarian law on the interpretation and application of investment treaties.
Author | : Jean d’Aspremont |
Publisher | : Edward Elgar Publishing |
Total Pages | : 960 |
Release | : 2018 |
Genre | : Law |
ISBN | : 1783474688 |
Download Concepts for International Law Book in PDF, ePub and Kindle
Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
Author | : Markos Karavias |
Publisher | : |
Total Pages | : 257 |
Release | : 2013-11 |
Genre | : Law |
ISBN | : 0199674388 |
Download Corporate Obligations Under International Law Book in PDF, ePub and Kindle
The international legal status of corporations is a contentious issue, as they do not easily fit within a system traditionally designed around states. This book assesses the ways in which corporations are bound by international human rights and environmental law, and the form their obligations take.
Author | : Duncan French |
Publisher | : Edward Elgar Publishing |
Total Pages | : 416 |
Release | : 2021-04-30 |
Genre | : Law |
ISBN | : 1789902746 |
Download Research Handbook on Law, Governance and Planetary Boundaries Book in PDF, ePub and Kindle
This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries’ safe operating space.
Author | : Nobuo Hayashi |
Publisher | : Cambridge University Press |
Total Pages | : 453 |
Release | : 2020-03-26 |
Genre | : Law |
ISBN | : 1108484719 |
Download Military Necessity Book in PDF, ePub and Kindle
Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.