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 : 85.11 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

The Oxford Handbook Of The Use Of Force In International Law

Author : Marc Weller
ISBN : 9780191653902
Genre : Law
File Size : 53.47 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

The Law Of Arms Control

Author : Guido Den Dekker
ISBN : 9041116249
Genre : Political Science
File Size : 42.7 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

Principles Of International Law

Author : Sean D. Murphy
ISBN : STANFORD:36105063750793
Genre : Law
File Size : 39.61 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

International Law

Author : Lori Fisler Damrosch
ISBN : STANFORD:36105060253171
Genre : Law
File Size : 28.34 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

Non Proliferation Law As A Special Regime

Author : Daniel H. Joyner
ISBN : 9781139560559
Genre : Law
File Size : 34.28 MB
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The fragmentation of international law is an undeniable phenomenon and one that has met with increasing academic interest. This fragmentation is the result of the progressive expansion of both international legal activity and the subject-matter of international law. This expansion brings with it the risk of conflicting rules, principles and institutions. Non-Proliferation Law as a Special Regime focuses on weapons of mass destruction and aims to identify whether there are specific rules applying to this field that depart from the general rules of international law and the rules of other special regimes, in particular with regard to the law of treaties and the law of state responsibility. In providing a systematic analysis of a substantive area of international law and applying the theory of fragmentation and special regimes, the book contributes to the ongoing debate concerning one of the most topical issues in international law.
Category: Law

Southern African Development Community Land Issues

Author : Ben Chigara
ISBN : 9781136656170
Genre : Law
File Size : 26.83 MB
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This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.
Category: Law

International Law In A Multipolar World

Author : Matthew Happold
ISBN : 9781136631573
Genre : Law
File Size : 44.68 MB
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Since the creation of the United Nations in 1945, international law has sought to configure itself as a universal system. Yet, despite the best efforts of international institutions, scholars and others to assert the universal application of international law, its relevance and applicability has been influenced, if not directed, by political power.Today, the "decline of the West" and ascent of China and India poseparticular challenges for international law and institutions. The international system appears to be moving towards multipolarity, with various sites of power competing to exert influence in the world today. With contributors from a variety of countries providing perspectives from the disciplines of international law and international relations theory, International Law in a Multipolar World addresses the implications that multipolarity poses for the international legal system. Contributors including Jean d'Aspremont, Jörg Kammerhofer, Alexander Orakhelashvili, Christian Pippan and Nigel White, explore issues such as the use of force, governance and democracy, regionalism and the relevance of the United Nations in a multipolar world, while considering the overarching theme of the relationship between power and law. International Law in a Multipolar World is of particular interest to academics and students of public international law, international relations theory and international politics.
Category: Law