The Teacher in International Law


Book Description







European International Law Traditions


Book Description

​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.




The United Nations Charter as the Constitution of the International Community


Book Description

The “constitutionalization” of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from “classical” international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.




The Offshore World


Book Description

The atlas of contemporary capitalism is curious indeed. A desperately poor and civil-war-wracked nation, Liberia, is the world's shipping superpower; the Cayman Islands the fifth-largest financial center in the world; land-locked Zurich a venerable "offshore" banking center. Indeed, it is estimated that half of the global stock of money passes through tax havens. The logic of the offshore world, where millionaires and corporations roam in search of financial advantage, is slippery. It challenges many conventional assumptions about power and economics.In the single most comprehensive account of the offshore economy, Ronen Palan investigates the legal spaces, unregulated and yet maintained and supported by the state system, that have emerged for purposes of international finance, tax havens, export processing zones, flags of convenience, and e-commerce. The offshore economy had its beginnings in the late nineteenth century, saw early development after the First World War, and metastasized in the 1970s. Palan believes that a rapidly expanding offshore economy is now producing a new market in sovereignty; states have discovered that their rights to write law may be used as a commercial asset. This commercialization of sovereignty, he asserts, undermines the legitimacy of the nation-state and supports a form of nomadic capitalism.




The United Nations System for Protecting Human Rights


Book Description

The United Nations has been at the forefront of developing the international law of human rights for nearly seven decades. This volume brings together the leading research articles on the development of human rights law by the United Nations and also includes essays on issues relating to standard-setting, institutional evolution, and the creation of monitoring procedures.




The Silicon Empire


Book Description

Michael Likosky examines the continuities and discontinuities between colonial and present-day high tech transnational legal orders. His concern is specifically with the colonial characteristics of the legal order which underpins the global high tech economy. He distinguishes the democratic and human rights rhetoric of this economy from a reality wherein the legal order is often used to reproduce colonial-type relationships. Just as in the colonial period, the expansion of trans-border commerce overlaps with democratic demands and human rights in complex, multifaceted and paradoxical ways. Through a case study looking at Malaysia's Multimedia Super Corridor, a high tech national development plan and foreign direct investment scheme, he examines how the transnational leaders of the high tech economy along with the Malaysian political elite react when human rights problems threaten to derail commercial plans.




UN Security Council Reform and the Right of Veto


Book Description

This book is a timely contribution to the present discussion of a constitutional reform of the United Nations, a discussion rekindled by the end of the cold War and the significant involvement of the UN in international peacemaking and peacekeeping since the Kuwait crisis. Like the new debate, the work focuses on the Security Council, its composition and possible enlargement, its decision-making process and competences, and its relationship with the General Assembly and the International Court of Justice. Particular regard is given to the right of veto of the permanent members of the Security Council, which is seen as the central, and most problematic, feature of the present constitution of the UN. The work describes and analyzes the reform discussion as it has taken place at the UN since 1991. The different proposals made by governments, NGOs and individual scholars are evaluated by applying a number of standards and concepts ensuing from a perception of the UN Charter as constitution of the international community. Thus, the study advances a comprehensive constitutional theory of the UN and redefines the place of the Charter in contemporary international law.