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| Author | : DAVID L. SLOSS |
| Publisher | : Oxford University Press |
| Total Pages | : 489 |
| Release | : 2022-11-11 |
| Genre | : |
| ISBN | : 0197652808 |
Download Is the International Legal Order Unraveling? Book in PDF, ePub and Kindle
This book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers--especially the United States and China--cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world's major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison. The book consists of fourteen chapters, plus an introduction. Three chapters address specific threats to the rules-based international order: climate change, autonomous weapons, and cyber weapons. Eight chapters address particular substantive areas of international law: jus ad bellum, jus in bello, trade law, investment law, anti-bribery law, human rights law, international criminal law, and migration law. The remaining chapters provide a range of perspectives on the past evolution and likely future development of the rules-based international order as a whole.
| Author | : David L. Sloss |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : Electronic books |
| ISBN | : 9780197652824 |
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The book examines how the rules-based international order is threatened by challenges such as climate change, autonomous weapons, and cyber weapons. It discusses how the international order can confront these threats, and proposes future developments of the rules-based international order as a whole.
| Author | : SLOSS. |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : International law |
| ISBN | : 9780197652831 |
Download Is the International Legal Order Unraveling? Book in PDF, ePub and Kindle
"The Introduction is divided into three parts. Part I presents a brief history of the rules-based international order. It shows that-between 1945 and the first decade of the twenty-first century-the international system evolved from a primarily sovereignty-based order to a much more rules-based order. However, since about 2008 or 2010, we have witnessed significant backsliding towards a more sovereignty-based order, especially in the areas of international trade and international human rights law. Part II briefly surveys the major, current threats to the rules-based international order. Finally, Part III outlines a potential strategy to mitigate those threats in the interest of preserving a rules-based international order that is consistent with liberal, humanitarian values. The several chapters in the book generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling-at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers-especially the United States and China-cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world's major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison"--
| Author | : Heike Krieger |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 433 |
| Release | : 2021-02-03 |
| Genre | : Law |
| ISBN | : 0198869908 |
Download Due Diligence in the International Legal Order Book in PDF, ePub and Kindle
This book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law. Looking at current tendancies towards proceduralisation and more proactive risk management, it reveals the promises and limits of due diligence as a concept for enhancing accountability and compliance.
| Author | : Ingo Venzke |
| Publisher | : Oxford University Press |
| Total Pages | : 560 |
| Release | : 2021-04-22 |
| Genre | : Law |
| ISBN | : 0192652907 |
Download Contingency in International Law Book in PDF, ePub and Kindle
This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.
| Author | : Anthea Roberts |
| Publisher | : Oxford University Press |
| Total Pages | : 641 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0190697571 |
Download Comparative International Law Book in PDF, ePub and Kindle
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
| Author | : Astrid Kjeldgaard-Pedersen |
| Publisher | : Oxford University Press |
| Total Pages | : 320 |
| Release | : 2018-08-09 |
| Genre | : Law |
| ISBN | : 0192552333 |
Download The International Legal Personality of the Individual Book in PDF, ePub and Kindle
This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.
| Author | : Curtis A. Bradley |
| Publisher | : Oxford University Press |
| Total Pages | : 409 |
| Release | : 2020-12-01 |
| Genre | : Law |
| ISBN | : 0197525636 |
Download International Law in the US Legal System Book in PDF, ePub and Kindle
International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
| Author | : Alexander Cooley |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 305 |
| Release | : 2020 |
| Genre | : Political Science |
| ISBN | : 0190916478 |
Download Exit from Hegemony Book in PDF, ePub and Kindle
""We live in a period of uncertainty about the fate of American global leadership and the future of international order. The 2016 election of Donald Trump led many to pronounce the death, or at least terminal decline, of liberal international order - the system of institutions, rules, and values associated with the American-dominated international system. But the truth is that the unravelling of American global order began over a decade earlier. Exit from Hegemony develops an integrated approach to understanding the rise and decline of hegemonic orders. It calls attention to three drivers of transformation in contemporary order. First, great powers, most notably Russia and China, contest existing norms and values, while simultaneously building new spheres of international order through regional institutions. Second, the loss of the "patronage monopoly" once enjoyed by the United States and its allies allows weaker states to seek alternative providers of economic and military goods - providers who do not condition their support on compliance with liberal economic and political principles. Third, transnational counter-order movements, usually in the form of illiberal and right-wing nationalists, undermine support for liberal order and the American international system, including within the United States itself. Exit from Hegemony demonstrates that these broad sources of transformation - from above, below, and within - have transformed past international orders and undermine prior hegemonic powers. It provides evidence that that all three are, in the present, mutually reinforcing one another and, therefore, that the texture of world politics may be facing major changes""--
| Author | : Dr. Juan Pablo Scarfi |
| Publisher | : Oxford University Press |
| Total Pages | : 281 |
| Release | : 2017-03-15 |
| Genre | : Law |
| ISBN | : 0190622369 |
Download The Hidden History of International Law in the Americas Book in PDF, ePub and Kindle
International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.
