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State Interest and the Sources of International Law

State Interest and the Sources of International Law
Author: Markus P. Beham
Publisher: Routledge
Total Pages: 288
Release: 2018-05-11
Genre: Law
ISBN: 1351579959

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This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.


Sources of State Practice in International Law

Sources of State Practice in International Law
Author: Ralph Gaebler
Publisher: Martinus Nijhoff Publishers
Total Pages: 590
Release: 2014-06-05
Genre: Law
ISBN: 9004272224

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Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law. Sources of State Practice in International Law is an indispensable reference for researchers in both international law and international relations. Contributors: Jennifer Allison, Martin Bouda, Rob Britt, Talia Einhorn, Victor Essien, Gabriela Femenia, Ralph F. Gaebler, Susan Gualtier, Ryan Harrington, Carole L. Hinchcliff, Marci Hoffman, Vera Korzun, Jootaek (Juice) Lee, Joseph Luke, Evelyn Ma, Teresa M. Miguel-Stearns, Dana Neacsu, Kara Phillips, Sunil Rao, Mary Rumsey, Alison A. Shea, Maria I. Smolka-Day, Suzanne Thorpe and Beatrice Tice


The Protection of General Interests in Contemporary International Law

The Protection of General Interests in Contemporary International Law
Author: Massimo Iovane
Publisher: Oxford University Press
Total Pages: 464
Release: 2021-08-04
Genre: Law
ISBN: 0192661701

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This book analyses three key concepts, global public goods, global commons, and fundamental values, as tools geared towards the protection of the general interests of the international community. After providing an overview of these concepts, the book examines how international law has responded to them in a wide range of fields, and investigates how global governance has improved, or worsened, this response. Contributions from a group of experts explore the legal foundations of general interests, and discuss which interests have or have not been deemed to deserve the protection of international law. Other chapters focus on whether, and to what extent, it is appropriate that international law intervenes to regulate such interests, considering the interplay between multiple actors including states, international and regional organisations, and non-state actors. The book explores how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what significant challenges still need to be addressed.


Sources of International Law

Sources of International Law
Author: Martti Koskenniemi
Publisher: Routledge
Total Pages: 575
Release: 2017-07-05
Genre: Law
ISBN: 1351548166

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A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.


The Law of Nations

The Law of Nations
Author: Emer de Vattel
Publisher:
Total Pages: 668
Release: 1856
Genre: International law
ISBN:

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International Law

International Law
Author: Barry E. Carter
Publisher: Aspen Publishing
Total Pages: 1272
Release: 2018-06-26
Genre: Law
ISBN: 1543801307

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Intended for use in an International Law survey course, International Law, Seventh Edition provides comprehensive coverage of foundational international law questions, including the nature and sources of international law, core doctrinal topics such as the subjects of international law (states and international organizations), and the jurisdictional powers and immunities of states. The book also addresses key substantive topics in international law, with reference to important contemporary foreign policy issues, such as (i) international human rights, (ii) the law of the sea, (iii) international environmental law, (iv) the use of force and the law of armed conflict, and (v) international criminal law. Key Features: New co-author Duncan Hollis of Temple Law School joins Stanford Law School’s Allen Weiner as the active authors of the book. New discussions of major international developments, including the law governing the use of force [e.g., cyber operations and the military campaign against the Islamic State (ISIS)], nonproliferation (e.g., the Iranian and North Korean nuclear crises), the law of the sea (e.g., disputed maritime claims in the South China Sea), and international environmental law (e.g., the conclusion of the Paris Agreement). New case study in Chapter 1 focused on the international response to the rise of ISIS. Inclusion of extended excerpts from a number of major recent Supreme Court decisions related to international law, including Bond v. United States (on fundamental principles of federalism and the treaty power under Article VI of the Constitution), Zivotofsky v. Kerry (on the separation of powers between Congress and the President in the field of foreign affairs), and Kiobel v. Royal Dutch Petroleum Co. (on the Alien Tort Statute). Adopts a modern, conceptual approach to the presentation of materials on statehood (including Palestinian claims to statehood), international organizations, and international dispute resolution.


Progress in International Law

Progress in International Law
Author: Russell A. Miller
Publisher: BRILL
Total Pages: 945
Release: 2008
Genre: Law
ISBN: 9004165711

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"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.


State Interest and the Sources of International Law

State Interest and the Sources of International Law
Author: Markus Beham
Publisher:
Total Pages: 256
Release: 2018
Genre: International law
ISBN: 9781138298781

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This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic, as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatical point of view. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible to assess state practice or opinio iuris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations, on the one hand, and merging this with sources doctrine, on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.


State Responsibility in International Law

State Responsibility in International Law
Author: René Provost
Publisher: Routledge
Total Pages: 589
Release: 2017-03-02
Genre: Law
ISBN: 1351898035

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In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.


The Common Interest in International Law

The Common Interest in International Law
Author: Wolfgang Benedek
Publisher:
Total Pages: 0
Release: 2014
Genre: Common good
ISBN: 9781780682716

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What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors.