INTERNATIONAL LAW AS SOCIAL CONSTRUCT THE STRUGGLE FOR GLOBAL JUSTICE

Download International Law As Social Construct The Struggle For Global Justice ebook PDF or Read Online books in PDF, EPUB, and Mobi Format. Click Download or Read Online button to INTERNATIONAL LAW AS SOCIAL CONSTRUCT THE STRUGGLE FOR GLOBAL JUSTICE book pdf for free now.

International Law As Social Construct

Author : Carlo Focarelli
ISBN : 9780199584833
Genre : Law
File Size : 20.22 MB
Format : PDF, Docs
Download : 404
Read : 1088

This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.
Category: Law

The Thin Justice Of International Law

Author : Steven R. Ratner
ISBN : 9780191009112
Genre : Law
File Size : 55.81 MB
Format : PDF, Docs
Download : 987
Read : 692

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
Category: Law

An Introduction To Contemporary International Law

Author : Lung-chu Chen
ISBN : 9780190228002
Genre : Law
File Size : 27.39 MB
Format : PDF, ePub, Docs
Download : 609
Read : 854

An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.
Category: Law

Research Handbook On International Law And Cyberspace

Author : Nicholas Tsagourias
ISBN : 9781782547396
Genre : Law
File Size : 76.36 MB
Format : PDF, ePub, Mobi
Download : 353
Read : 1333

This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international la
Category: Law

Russian Approaches To International Law

Author : Lauri Mälksoo
ISBN : 9780191034695
Genre : Law
File Size : 23.33 MB
Format : PDF, Kindle
Download : 546
Read : 599

This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.
Category: Law

The Responsibility To Protect R2p

Author : Peter Hilpold
ISBN : 9789004230002
Genre : Law
File Size : 77.66 MB
Format : PDF, Mobi
Download : 413
Read : 1289

R2P is a much discussed concept of International Law. This volume contains an in-depth inquiry into this concept by renowned international lawyers.
Category: Law

The Evolutionary Interpretation Of Treaties

Author : Eirik Bjorge
ISBN : 9780191025778
Genre : Law
File Size : 28.66 MB
Format : PDF, ePub, Mobi
Download : 687
Read : 466

If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.
Category: Law

Public Policy In International Economic Law

Author : Diane Desierto
ISBN : 9780191026485
Genre : Law
File Size : 22.45 MB
Format : PDF, ePub
Download : 851
Read : 719

States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
Category: Law

Politics Of International Law And International Justice

Author : Edwin Egede
ISBN : 9780748684526
Genre : Political Science
File Size : 25.51 MB
Format : PDF, ePub, Mobi
Download : 946
Read : 522

A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati
Category: Political Science

The Work Of Global Justice

Author : Fuyuki Kurasawa
ISBN : 9781139467735
Genre : Social Science
File Size : 85.5 MB
Format : PDF, Mobi
Download : 156
Read : 931

Human rights have been generally understood as juridical products, organizational outcomes or abstract principles that are realized through formal means such as passing laws, creating institutions or formulating ideals. In this book, Fuyuki Kurasawa argues that we must reverse this 'top-down' focus by examining how groups and persons struggling against global injustices construct and enact human rights through five transnational forms of ethico-political practice: bearing witness, forgiveness, foresight, aid and solidarity. From these, he develops a new perspective highlighting the difficult social labour that constitutes the substance of what global justice is and ought to be, thereby reframing the terms of debates about human rights and providing the outlines of a critical cosmopolitanism centred around emancipatory struggles for an alternative globalization.
Category: Social Science