ENFORCING INTERNATIONAL LAW FROM SELF HELP TO SELF CONTAINED REGIMES

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Enforcing International Law

Author : Math Noortmann
ISBN : 9781317143499
Genre : Law
File Size : 30.9 MB
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Until recently, the fundamental link between two basic concepts in international law, namely the right to self-help and the obligation to settle disputes by peaceful means, has been neglected in doctrine and practice. The main issue is that international law traditionally recognizes the right of states to safeguard their own rights by resorting to countermeasures as well as the obligation to settle their disputes by accepted and recognized diplomatic and judicial procedures. Both concepts are based on their own merits, which are assumed to be valid in contemporary international law. It is the primary purpose of this study to determine which rules and principles govern the relationship between the two concepts. The book's major findings arise from an analysis of scholarly work, supported by examples from five different case studies. Drawing insights from legal as well as political science, it will be a valuable resource for students, academics and policy makers in international law, international relations and related areas.
Category: Law

Interaction And Delimitation Of International Legal Orders

Author : Maria Fogdestam Agius
ISBN : 9789004283497
Genre : Law
File Size : 52.53 MB
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In Interaction and Delimitation of International Legal Orders, the author describes how actions of international dispute settlement bodies set up within institutionalized treaty regimes contribute to the establishment of autonomous international legal orders.
Category: Law

Institutionalizing State Responsibility

Author : Vincent-Joël Proulx
ISBN : 9780191500015
Genre : Law
File Size : 75.75 MB
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Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defence and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.
Category: Law

The Oxford Handbook Of The Use Of Force In International Law

Author : Marc Weller
ISBN : 9780191653902
Genre : Law
File Size : 67.49 MB
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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
Category: Law

Research Handbook On Un Sanctions And International Law

Author : Larissa van den Herik
ISBN : 9781784713034
Genre :
File Size : 61.11 MB
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The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.
Category:

The Law Of Arms Control

Author : Guido Den Dekker
ISBN : 9041116249
Genre : Political Science
File Size : 86.47 MB
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This book is about the role of international law in the arms control process. It discusses the law of arms control as a special branch of international law and covers the following topics: the place of the law of arms control in the system of international law and politics, special characteristics of arms control law, the international legal framework of supervision in the law of arms control, general features of supervisory mechanisms in all multilateral arms control treaties currently in force, case studies on the CWC, IAEA safeguards system and CTBT, and enforcement of the law of arms control. As such, this study provides a comprehensive theory and model for the analysis of supervisory mechanisms in arms control treaties and offers an in-depth overview of the law of arms control as it stands in the post Cold War situation. The book will be of interest to international lawyers as well as political scientists and policy-makers.
Category: Political Science

International Law

Author : Lori Fisler Damrosch
ISBN : STANFORD:36105060253171
Genre : Law
File Size : 88.11 MB
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Updated with an emphasis on current issues, this classic casebook emphasizes developments in international law, with expertly edited cases and problems for class discussion. Cases and Materials on International Law offers a treatment of the subject for introductory and advanced classes and detailed readings and reference materials for those who wish to pursue topics in depth. The fourth edition enriches every chapter with new information on institutions contributing to the sources and enforcement of international law, including the World Trade Organization, the International Criminal Tribunals for Yugoslavia and Rwanda, the prospective International Criminal Court, and organizations in the fields of law of the sea and arms control. International criminal law now has a chapter of its own, and the casebook gives expanded treatment to human rights, environmental law, and economic law.
Category: Law

Principles Of International Law

Author : Sean D. Murphy
ISBN : STANFORD:36105063750793
Genre : Law
File Size : 67.37 MB
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This volume provides a comprehensive and up-to-date survey of public international law, with useful references throughout to classic and contemporary cases and scholarship. It is designed as a stand-alone text or as a complement to any of the major casebooks on the topic. The first section of the book addresses the fundamental history and structure of international law; the second section focuses on the interface of international law and national law; and the final section presents the treaties and rules that comprise the major fields of international law: human rights, law of the sea, international environmental law, and more.
Category: Law