Author : Surabhi Ranganathan
Publisher : Cambridge University Press
Page : 483 pages
File Size : 50,30 MB
Release : 2014-12-18
Category : Law
ISBN : 1107043301
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
Author : Surabhi Ranganathan
Publisher : Cambridge University Press
Page : 483 pages
File Size : 30,23 MB
Release : 2014-12-18
Category : Law
ISBN : 1316194736
Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.
Author : Margaret A. Young
Publisher : Cambridge University Press
Page : pages
File Size : 46,18 MB
Release : 2012-01-12
Category : Law
ISBN : 1139504932
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author : Martti Koskenniemi
Publisher : Bloomsbury Publishing
Page : 413 pages
File Size : 20,18 MB
Release : 2011-06-10
Category : Law
ISBN : 1847317766
Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.
Author : Barbara Koremenos
Publisher : Cambridge University Press
Page : 457 pages
File Size : 11,96 MB
Release : 2016-03-29
Category : Political Science
ISBN : 1316586375
Every year, states negotiate, conclude, sign, and give effect to hundreds of new international agreements. Koremenos argues that the detailed design provisions of such agreements matter for phenomena that scholars, policymakers, and the public care about: when and how international cooperation occurs and is maintained. Theoretically, Koremenos develops hypotheses regarding how cooperation problems like incentives to cheat can be confronted and moderated through law's detailed design provisions. Empirically, she exploits her data set composed of a random sample of international agreements in economics, the environment, human rights and security. Her theory and testing lead to a consequential discovery: considering the vagaries of international politics, international cooperation looks more law-like than anarchical, with the detailed provisions of international law chosen in ways that increase the prospects and robustness of cooperation. This nuanced and sophisticated 'continent of international law' can speak to scholars in any discipline where institutions, and thus institutional design, matter.
Author : Sohail H. Hashmi
Publisher : Cambridge University Press
Page : 558 pages
File Size : 44,74 MB
Release : 2004-07-19
Category : History
ISBN : 9780521545266
Publisher Description
Author : Marc Weller
Publisher : Cambridge University Press
Page : 1120 pages
File Size : 16,24 MB
Release : 2021-01-31
Category : Law
ISBN : 9781108498043
Author : Henry Lovat
Publisher : Cambridge University Press
Page : 385 pages
File Size : 14,9 MB
Release : 2020-07-16
Category : History
ISBN : 1108497276
A theoretically-informed, critical account of the making of the international legal rules governing civil war.
Author : Valentin Jeutner
Publisher : Oxford University Press
Page : 224 pages
File Size : 38,47 MB
Release : 2017-08-04
Category : Law
ISBN : 0192536052
Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Author : United Nations. International Law Commission
Publisher :
Page : 306 pages
File Size : 28,86 MB
Release : 2007
Category : Conflict of laws
ISBN : 9789521023378
