State Legitimacy And Failure In International Law PDF Download
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Author | : Mario Silva |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 279 |
Release | : 2014-02-06 |
Genre | : Law |
ISBN | : 9004268847 |
Download State Legitimacy and Failure in International Law Book in PDF, ePub and Kindle
Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community
Author | : Rüdiger Wolfrum |
Publisher | : Springer Science & Business Media |
Total Pages | : 423 |
Release | : 2008-02-26 |
Genre | : Law |
ISBN | : 3540777644 |
Download Legitimacy in International Law Book in PDF, ePub and Kindle
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Author | : David Lefkowitz |
Publisher | : Cambridge University Press |
Total Pages | : 289 |
Release | : 2020-10-29 |
Genre | : Law |
ISBN | : 1107138779 |
Download Philosophy and International Law Book in PDF, ePub and Kindle
Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
Author | : Samantha Besson |
Publisher | : Oxford University Press |
Total Pages | : 626 |
Release | : 2010-04 |
Genre | : Law |
ISBN | : 0199208581 |
Download The Philosophy of International Law Book in PDF, ePub and Kindle
This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
Author | : Roman Kwiecien |
Publisher | : |
Total Pages | : 35 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download Does the State Still Matter? Sovereignty, Legitimacy and International Law Book in PDF, ePub and Kindle
This article explores the issue of sovereignty of States in the context of legitimacy of international law. Sovereign statehood is today increasingly challenged. The article examines if an essential incompatibility exists between international law conceived as a true, that is, legitimized, system of law and State sovereignty. To this end, it seems necessary to determine a meaning and importance of sovereignty in and for international law. The article seeks to argue that the idea of State sovereignty, deprived of orthodox positivistic justification, can still perform an important cognitive function in international law. In a world in which non-State actors suffer from a "democratic deficit", democratic accountability and responsibility remains concentrated in States. States are, therefore, still the main source of legitimacy of political decisions. It is sovereign States that are the legal subjects assuring the public underpinnings within the international legal order. Consequently, there is no contradiction between the sovereign status of States in international society, and international law conceived as a legitimized legal order.
Author | : Nienke Grossman |
Publisher | : Cambridge University Press |
Total Pages | : 397 |
Release | : 2018-02-22 |
Genre | : Law |
ISBN | : 1108540228 |
Download Legitimacy and International Courts Book in PDF, ePub and Kindle
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Author | : Paul Groarke |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 232 |
Release | : 2004 |
Genre | : Law |
ISBN | : |
Download Dividing the State Book in PDF, ePub and Kindle
There is currently no source of international law that would give a legal body like a court the authority to recognize the division of an oppressive or illegitimate state into separate legal entities. This book accordingly argues for a global system of justice based on a domestic model of compulsory law.
Author | : Wojciech Sadurski |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Law |
ISBN | : 9780198825265 |
Download Legitimacy Book in PDF, ePub and Kindle
Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions. The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law. Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state's written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.
Author | : Gregory H. Fox |
Publisher | : Cambridge University Press |
Total Pages | : 604 |
Release | : 2000-05-11 |
Genre | : Law |
ISBN | : 9780521667968 |
Download Democratic Governance and International Law Book in PDF, ePub and Kindle
PART V CRITICAL APPROACHES.
Author | : Jorge L. Esquirol |
Publisher | : |
Total Pages | : 283 |
Release | : 2019 |
Genre | : Comparative law |
ISBN | : 9781316630921 |
Download Ruling the Law Book in PDF, ePub and Kindle
Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.