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Author | : Professor Brad R. Roth |
Publisher | : Oxford University Press |
Total Pages | : |
Release | : 2009-12-15 |
Genre | : Law |
ISBN | : 0199711593 |
Download Sovereign Equality and Moral Disagreement Book in PDF, ePub and Kindle
In Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, Professor Brad R. Roth provides readers with a working knowledge of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as a morally sound response to disagreements in the international realm. The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserving a state's territorial integrity and political independence, sometimes at the expense of efforts to establish a universal justice that transcends territorial boundaries. Efforts to establish a universal justice, however, need to heed the dangers of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. In Sovereign Equality and Moral Disagreement, Brad R. Roth explains that though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases.
Author | : Brad Roth |
Publisher | : Oxford University Press, USA |
Total Pages | : 314 |
Release | : 2011-11-03 |
Genre | : Language Arts & Disciplines |
ISBN | : 0195342666 |
Download Sovereign Equality and Moral Disagreement Book in PDF, ePub and Kindle
The boundaries of the international order's pluralism remain variable, and relative convergences in both values and interests over time have led to the broadening of exceptions to sovereign prerogative, such as jus cogens, universal jurisdiction, and humanitarian intervention. With little prospect of these long term trends diminishing in either momentum or scope, this book weighs in to consider the enduring importance of sovereignty.
Author | : Steven R. Ratner |
Publisher | : Oxford University Press, USA |
Total Pages | : 497 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198704046 |
Download The Thin Justice of International Law Book in PDF, ePub and Kindle
Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
Author | : Brad R. Roth |
Publisher | : |
Total Pages | : 476 |
Release | : 1999 |
Genre | : Law |
ISBN | : 9780199243013 |
Download Governmental Illegitimacy in International Law Book in PDF, ePub and Kindle
When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
Author | : Dire Tladi |
Publisher | : BRILL |
Total Pages | : 806 |
Release | : 2021-08-16 |
Genre | : Law |
ISBN | : 9004464123 |
Download Peremptory Norms of General International Law (Jus Cogens) Book in PDF, ePub and Kindle
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.
Author | : Kurt Mills |
Publisher | : Routledge |
Total Pages | : 176 |
Release | : 2018-12-26 |
Genre | : Political Science |
ISBN | : 1351713264 |
Download Accessing and Implementing Human Rights and Justice Book in PDF, ePub and Kindle
Accessing human rights and justice mechanisms is a pressing issue in global politics. Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to develop adequate means of accessing them in order to make a difference to people’s lives. Further, expansions of the boundaries of both human rights and justice make any clear and settled understanding of the relation difficult to ascertain. This volume tackles these issues by focusing on the dilemmas of accessing and implementing human rights and justice across a range of empirical contexts while also investigating a range of conceptual approaches to, and understandings of, justice, including issues of equality, retribution, and restoration, as well as justice as a transnational professional project. The contributors, representing a range of disciplinary backgrounds and diverse voices, offer empirical examples from Afghanistan, Democratic Republic of the Congo, Syria, Tunisia, and Uganda to explore the issues of accessing and implementing human rights and justice in conflict, post-conflict, and transitional settings. This work will be of interest to students and scholars of international relations, human rights, international criminal justice, and conflict response.
Author | : Catherine Brölmann |
Publisher | : Edward Elgar Publishing |
Total Pages | : 503 |
Release | : 2016-04-29 |
Genre | : Law |
ISBN | : 1781953228 |
Download Research Handbook on the Theory and Practice of International Lawmaking Book in PDF, ePub and Kindle
The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.
Author | : Matthieu Burnay |
Publisher | : Edward Elgar Publishing |
Total Pages | : 336 |
Release | : 2018-07-27 |
Genre | : Law |
ISBN | : 1788112393 |
Download Chinese Perspectives on the International Rule of Law Book in PDF, ePub and Kindle
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
Author | : Frederick Cowell |
Publisher | : Bloomsbury Publishing |
Total Pages | : 253 |
Release | : 2023-11-16 |
Genre | : Law |
ISBN | : 1509938583 |
Download The Law, Politics and Theory of Treaty Withdrawal Book in PDF, ePub and Kindle
This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.
Author | : Jamie Mayerfeld |
Publisher | : University of Pennsylvania Press |
Total Pages | : 321 |
Release | : 2016-04-15 |
Genre | : Political Science |
ISBN | : 0812292804 |
Download The Promise of Human Rights Book in PDF, ePub and Kindle
International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution. The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11. Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.