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The Concept of Unity in Public International Law

The Concept of Unity in Public International Law
Author: Mario Prost
Publisher: Bloomsbury Publishing
Total Pages: 226
Release: 2012-03-15
Genre: Law
ISBN: 1847319173

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'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.


Unity and Pluralism in Public International Law

Unity and Pluralism in Public International Law
Author: Oriol Casanovas
Publisher: BRILL
Total Pages: 288
Release: 2021-10-18
Genre: Law
ISBN: 9004480781

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The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.


The Concept of Unity in Public International Law

The Concept of Unity in Public International Law
Author: Mario Prost
Publisher: Bloomsbury Publishing
Total Pages: 226
Release: 2012-03-15
Genre: Law
ISBN: 1847319165

Download The Concept of Unity in Public International Law Book in PDF, ePub and Kindle

'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.


Diversity in Secondary Rules and the Unity of International Law

Diversity in Secondary Rules and the Unity of International Law
Author: K. C. Wellens
Publisher: BRILL
Total Pages: 377
Release: 2023-11-27
Genre: Law
ISBN: 9004635130

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This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.


International Institutional Law

International Institutional Law
Author: Henry G. Schermers
Publisher: BRILL
Total Pages: 1336
Release: 2021-11-15
Genre: Law
ISBN: 9047412745

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This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.


Unity and Pluralism in Public International Law

Unity and Pluralism in Public International Law
Author: Oriol Casanovas y La Rosa
Publisher: Martinus Nijhoff Publishers
Total Pages: 294
Release: 2001-07-25
Genre: Law
ISBN: 9789041116642

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The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.


International Institutional Law

International Institutional Law
Author: Henry G. Schermers
Publisher: BRILL
Total Pages: 1309
Release: 2011-09-05
Genre: Law
ISBN: 9004187979

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This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.


A Landscape of Contemporary Theories of International Law

A Landscape of Contemporary Theories of International Law
Author: Emmanuel Roucounas
Publisher: BRILL
Total Pages: 731
Release: 2019-09-16
Genre: Law
ISBN: 9004385363

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The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.


International Law: A Very Short Introduction

International Law: A Very Short Introduction
Author: Vaughan Lowe
Publisher: OUP Oxford
Total Pages: 145
Release: 2015-11-26
Genre: Law
ISBN: 0191576204

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Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.


International Institutional Law:Unity Within Diversity

International Institutional Law:Unity Within Diversity
Author: Henry G. Schermers
Publisher: Springer
Total Pages: 1356
Release: 1995-07-27
Genre: Law
ISBN:

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A detailed comparative study of the institutional law of international organizations--i.e., those rules of law which govern legal status, structure, and functioning--that examines which different or similar institutional rules exist, and how different organizations have dealt with similar institutional problems. This edition revises and updates the second edition of 1980. The text contains 12 chapters: introduction; participants; rules for international organs; policy- making and administrative organs; advisory and supervisory organs; decision-making process; financing; legal order; interpretation and settlement of disputes; supervision and sanctions; legal status; and external relations. The authors jointly teach a specialized course on international institutional law at the Law Faculty, U. of Leiden. Annotation copyright by Book News, Inc., Portland, OR