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Our Martens:F.F. Martens, International Lawyer and Architecht of Peace

Our Martens:F.F. Martens, International Lawyer and Architecht of Peace
Author: Vladimir Vasil?evich Pustogarov
Publisher: Kluwer Law International B.V.
Total Pages: 374
Release: 2000-04-17
Genre: Law
ISBN: 9041196021

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The rule of law, peace, disarmament, human rights: these are no longer empty words, but legal concepts steadily gaining force among nations. If the slow but sure codification of international law that began with the first Geneva Convention of 1864 has put down roots, against all odds, it is because of the passionate determination of a few visionary but practical actors on the world's stage. Pre-eminent among these `workers in the dawn' was the Russian jurist, diplomat and arbitrator F.F. Martens (1845-1909). Although Marten's reputation suffered during the Soviet era and on both sides of the Cold War, the lasting effect of his ideas and initiatives can be traced all the way from his early years as a Law Professor at Petersburg University (when his writing attracted the attention of the Czar), through his direct participation in the great Peace Conferences at Brussels and The Hague, to the legal underpinnings of the human rights regime embodied in today's international conventions and tribunals. His sense of community and the individual in a global context andndash; a difficult notion for lawyers to grasp in a world of competing nation-states andndash; has now become a widely-accepted norm with increasingly effective enforcement mechanisms. And even his contributions to procedural theory, in areas such as extradition of political criminals and transnational enforcement of administrative law, persist in coming to the forefront of today's international legal practice. This English translation of the first major biography of Martens is in fact the most complete text in any language, as the Russian author, at the translator's request, took the opportunity to revise his original work and even supplied two whole chapters missing from the original Russian edition of 1993 and subsequent editions and translations. Pustogarov was among the first scholars to gain access to the near-legendary Archive of the Foreign Policy of Russia, and his biography of Martens contains a wealth of hitherto unavailable information on the more-or-less secret political maneuvers of the `Great Powers' in Martens' time. This is an important book for all international lawyers to read and study, exposing as it does the deepest currents of the mainstream of international law in our time.


Our Martens

Our Martens
Author: Vladimir Vasilʹevich Pustogarov
Publisher: Kluwer Law International
Total Pages: 355
Release: 2000
Genre: Law
ISBN: 9781898029502

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International Law in a Multipolar World

International Law in a Multipolar World
Author: Matthew Happold
Publisher: Routledge
Total Pages: 400
Release: 2013-03-01
Genre: Law
ISBN: 1136631577

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Since the creation of the United Nations in 1945, international law has sought to configure itself as a universal system. Yet, despite the best efforts of international institutions, scholars and others to assert the universal application of international law, its relevance and applicability has been influenced, if not directed, by political power.Today, the "decline of the West" and ascent of China and India poseparticular challenges for international law and institutions. The international system appears to be moving towards multipolarity, with various sites of power competing to exert influence in the world today. With contributors from a variety of countries providing perspectives from the disciplines of international law and international relations theory, International Law in a Multipolar World addresses the implications that multipolarity poses for the international legal system. Contributors including Jean d'Aspremont, Jörg Kammerhofer, Alexander Orakhelashvili, Christian Pippan and Nigel White, explore issues such as the use of force, governance and democracy, regionalism and the relevance of the United Nations in a multipolar world, while considering the overarching theme of the relationship between power and law. International Law in a Multipolar World is of particular interest to academics and students of public international law, international relations theory and international politics.


The Justification of War and International Order

The Justification of War and International Order
Author: Lothar Brock
Publisher: Oxford University Press, USA
Total Pages: 561
Release: 2021-02-04
Genre: Law
ISBN: 0198865309

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This book explores how states, scholars and other actors have justified war from early modernity to the present. Looking at narratives of the justification of war in theory and practice, this book offers a comprehensive investigation of the emergence of the modern international order and its normative foundation.


Regime Accommodation in International Law

Regime Accommodation in International Law
Author: Heejin Kim
Publisher: BRILL
Total Pages: 381
Release: 2016-07-18
Genre: Law
ISBN: 9004325514

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In Regime Accommodation in International Law: Human Rights in International Economic Law and Policy, Heejin Kim analyses the ways in which international human rights and economic law interact and conflict across a range of complex issues. These sub-branches of international law are not entirely autonomous; as the author shows, they have been developed in a close relation to each other. International law – imperfect as it is – provides means to resolve the antinomies arising from conflicting rights and obligations under these sub-fields. Against the difficulties of addressing non-economic concerns including human rights in the practice of WTO and foreign investment regime, Kim examines how decision-makers at different stages of international economic policy-making can accommodate, invoke, or reflect human rights in a better way.


International Law from a Baltic Perspective

International Law from a Baltic Perspective
Author: Ineta Ziemele
Publisher: BRILL
Total Pages: 349
Release: 2020-11-04
Genre: Law
ISBN: 9004433155

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Celebrating the 20th anniversary of the Baltic Yearbook of International Law, this volume contains a selection of articles chosen by the editors to showcase the Yearbook’s important contribution to international legal scholarship and practice. It thus offers ground-breaking articles on diverse legal areas, including international humanitarian law, international human rights law, peaceful settlement of disputes, European Union law, and the history of international law. Naturally, issues relevant to the international legal status of the Baltic States and the consequences of their occupation by the Soviet Union are also explored, as well as to transitional justice and the collapse of communism. Finally, articles on new areas, such as bioethics and cyperspace, are also included, showing where the development of science prompts the need for legal regulation. This wide-ranging selection reflects the Yearbook’s aim to offer a unique forum among international legal periodicals - where the past meets the future.


War, Law and Humanity

War, Law and Humanity
Author: James Crossland
Publisher: Bloomsbury Publishing
Total Pages: 280
Release: 2018-06-28
Genre: History
ISBN: 1350041238

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War, Law and Humanity tells the story of the transatlantic campaign to either mitigate the destructive forces of the battlefield, or prevent wars from being waged altogether, in the decades prior to the disastrous summer of 1914. Starting with the Crimean War of the 1850s, James Crossland traces this campaign to control warfare from the scandalous barracks of Scutari to the shambolic hospitals of the American Civil War, from the bloody sieges of Paris and Erzurum to the combative conference halls of Geneva and The Hague, uncovering the intertwined histories of a generation of humanitarians, surgeons, pacifists and utopians who were shocked into action by the barbarism and depravities of war. By examining the fascinating personal accounts of these figures, Crossland illuminates the complex motivations and influential actions of those committed to the campaign to control war, demonstrating how their labours built the foundation for the ideas – enshrined in our own times as international norms – that soldiers need caring for, weapons need restricting and wars need rules.


Illegal Annexation and State Continuity

Illegal Annexation and State Continuity
Author: Lauri Mälksoo
Publisher: BRILL
Total Pages: 409
Release: 2021-10-18
Genre: Law
ISBN: 9004478477

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The depth and intensity of the transformation in Eastern and Central Europe in the 1980's and 1990's took most diplomats and political commentators by surprise. Needless to say, European politics now looks completely different from how it did during the stale years of the Cold War. This volume is an in-depth analysis of one aspect of the transformation - namely the Baltic States' struggle to regain the statehood they had lost in the Soviet occupation in June 1940. It analyses the claim of illegality of the Soviet occupation, arguments about possible prescription, the legal consequences of illegality as well as the restoration of the statehood of the three Baltic States after 1990. The relevant facts are clearly described and the application of the legal rules is skillfully based on arguments from precedent and legal principle. The author also discusses the question of the significance of (pure) legal status, detached from the enjoyment of rights and obligations which that status entails in law. Please also see the 2nd, revised edition of this book (2022): isbn 978-90-04-46488-9.


European International Law Traditions

European International Law Traditions
Author: Peter Hilpold
Publisher: Springer Nature
Total Pages: 339
Release: 2020-11-20
Genre: Law
ISBN: 3030520285

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​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.


The Oxford Handbook of the History of International Law

The Oxford Handbook of the History of International Law
Author: Bardo Fassbender
Publisher: Oxford University Press
Total Pages: 1269
Release: 2012-11
Genre: History
ISBN: 0199599750

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This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.