Book Description
2.3. Dualism and Monism
Author : Anna Meijknecht
Publisher : Intersentia nv
Page : 287 pages
File Size : 30,46 MB
Release : 2001
Category : Law
ISBN : 905095166X
2.3. Dualism and Monism
Author : Fleur Johns
Publisher : Routledge
Page : 553 pages
File Size : 31,91 MB
Release : 2017-07-05
Category : History
ISBN : 135156224X
Who or what is entitled to act on the international plane? Where should responsibility for violations of international law lie? What sort of entities are capable of possessing international legal rights? What is the status of individuals, minority groups, non-governmental bodies, international organisations and animals in the international legal order and how has their status shifted over time? International Legal Personality contains fourteen articles that address these and related questions. In historical and contemporary writings, international lawyers grapple with the nature of legal identity, and confront global distributions of authority and responsibility, as they explore who or what is a 'person' in the international legal order. These essays document the emergence of an international legal order increasingly conceived in terms of patterns and probabilities, rather than as the stagecraft of a small company of permanent players.
Author : Nigel D. White
Publisher : Lynne Rienner Publishers
Page : 352 pages
File Size : 21,89 MB
Release : 2002
Category : Law
ISBN : 9781588260703
Focusing on the legal rather than political aspects of the United Nations, White (international organizations, U. of Nottingham) evaluates the goals, purposes, and values of the UN system, analyzes the institutional machinery created to fulfill those purposes, examines the implementation of the organization's goals, and comments on the UNOs effectiveness in the key areas of security, justice, human rights, the environment, and economic development. White intends this academic text to provide a useful basis from which to consider the long-term effects of recent dramatic world events, and the responses of the international community. Annotation copyrighted by Book News, Inc., Portland, OR
Author : D. Rai*c
Publisher : Martinus Nijhoff Publishers
Page : 524 pages
File Size : 48,28 MB
Release : 2002-09-25
Category : Political Science
ISBN : 9789041118905
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
Author : Moshe Hirsch
Publisher : Martinus Nijhoff Publishers
Page : 242 pages
File Size : 18,24 MB
Release : 1995-01-01
Category : Political Science
ISBN : 9780792332862
Focuses on the fundamental principles of the international responsibility of intergovernmental organizations towards third parties.
Author : Roland Portmann
Publisher : Cambridge University Press
Page : pages
File Size : 36,29 MB
Release : 2010-08-26
Category : Law
ISBN : 1139493221
Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.
Author : Gaetano Pentassuglia
Publisher : Council of Europe
Page : 304 pages
File Size : 25,14 MB
Release : 2002-01-01
Category : Law
ISBN : 9287147736
This book, the first in the series of publications on minority issues, provides a critical overview of the protection of minority groups in international law. Topics covered include: the definition of a minority, concepts of state sovereignty and self-determination; the historical context to international human rights law; the legal frameworks developed by the UN, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE) and the EU; as well as examples of legal approaches adopted by individual European countries to address the protection of minorities.
Author : Frederick E. Snyder
Publisher : BRILL
Page : 884 pages
File Size : 13,23 MB
Release : 1987-06-23
Category : Law
ISBN : 9780898389142
Author : Rachel Frid
Publisher : Martinus Nijhoff Publishers
Page : 450 pages
File Size : 15,11 MB
Release : 1995-10-25
Category : Political Science
ISBN : 9789041101556
Samenvatting.
Author : Christy Shucksmith
Publisher : Bloomsbury Publishing
Page : 243 pages
File Size : 49,14 MB
Release : 2017-08-24
Category : Law
ISBN : 1509908196
The purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor. It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract human-centric concepts, including sovereignty as responsibility and human security, in order to assess the development of the concept of humanity for the mandate and practice of the ICRC. Critically this book uses semi- structured interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo. Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and extremely complicated conflicts, in which, civilians, soldiers and non-State actors intermingle. In order to remain useful for the people on the ground, therefore, the ICRC is progressively developing its mandate. This book questions whether, on occasion, this could threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking of and recovery from conflict.