Author : Willem J. M. van Genugten
Publisher :
Page : 0 pages
File Size : 43,47 MB
Release : 2017
Category : International crimes
ISBN : 9789462403505
International peace and security -- International dispute settlement -- Private international law -- International family law -- International economic law -- International law and technology -- International criminal law -- International climate law -- Human rights law -- Law of the sea
Author : Robert J. Miller
Publisher : Bloomsbury Publishing USA
Page : 241 pages
File Size : 47,76 MB
Release : 2006-09-30
Category : Social Science
ISBN : 0313071845
Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage—a land route across the continent—in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.
Author : José María Beneyto
Publisher : Springer
Page : 211 pages
File Size : 30,30 MB
Release : 2017-08-30
Category : Law
ISBN : 3319629980
This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as “modern” or even post-modern. There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the “Other” and the legitimation of military interventions. All these subjects include Vitoria’s contributions to the formation of the idea of modernity and modern international law. The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria’s texts, in the context of “modern” problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria’s reflections for contemporary issues of international law.
Author : John E. Noyes
Publisher : Foundation Press
Page : 468 pages
File Size : 23,38 MB
Release : 2007
Category : Law
ISBN :
This title sets the most significant international law cases in their social, political, and historical context. It showcases 13 essays by leading international law experts. The essays are organized in three groupings: stories about the development of international human rights law, stories about the use of international law in the U.S. legal system, and stories about international law's impact on interstate politics and the global economy. Experienced international law scholars, teachers, and practitioners will discover valuable new insights, and readers new to international law will find that the book quickly immerses them in the most significant developments in the field.
Author : Anthea Roberts
Publisher : Oxford University Press
Page : 433 pages
File Size : 25,89 MB
Release : 2017
Category : Law
ISBN : 0190696419
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
Author : Sanford R. Silverburg
Publisher : Westview Press
Page : 658 pages
File Size : 45,87 MB
Release : 2011-03-22
Category : Political Science
ISBN : 0813344719
Invited contributions from well-established scholars and emerging stars in law and politics provide instructors and students with a compact, essential reader of timely essays on the key issues facing international law today.
Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 555 pages
File Size : 30,76 MB
Release : 2010-05-06
Category : Law
ISBN : 0521763274
This book is a thought-provoking and authoritative text on this fast moving field of international law.
Author : Cedric Ryngaert
Publisher :
Page : 273 pages
File Size : 44,11 MB
Release : 2015
Category : Law
ISBN : 0199688516
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author : Chiara Giorgetti
Publisher : Cambridge University Press
Page : 279 pages
File Size : 21,36 MB
Release : 2021-04-29
Category : Law
ISBN : 1107190118
A collection of expert essays analyzing how American and European's views of international law are diverging as a reaction to globalization.
Author : Lung-chu Chen
Publisher : Oxford University Press, USA
Page : 674 pages
File Size : 50,62 MB
Release : 2015
Category : Law
ISBN : 0190227990
Applies the New Haven School approach explaining discrete aspects of the global decision process and their effects on the content of international legal rules. Provides an in-depth treatment of the key features of the New Haven School of international law. References both classic historical examples and contemporary events to illustrate international legal processes and principles. Focuses on important trends in international law, including the movement from a state-centered system to a people-centered one. Contributes to the growth of a world community of human dignity through international law. -- Publishers website.
