Book Description
When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
Author : Brad R. Roth
Publisher :
Page : 476 pages
File Size : 10,53 MB
Release : 1999
Category : Law
ISBN : 9780199243013
When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
Author : Gregory H. Fox
Publisher : Cambridge University Press
Page : 604 pages
File Size : 43,72 MB
Release : 2000-05-11
Category : Law
ISBN : 9780521667968
PART V CRITICAL APPROACHES.
Author : Steven Wheatley
Publisher : Hart Publishing
Page : 432 pages
File Size : 30,96 MB
Release : 2010-06-02
Category : Law
ISBN :
This book restates the deliberative ideal developed by Habermas, and applies this to the systems of global governance.
Author : Rüdiger Wolfrum
Publisher : Springer Science & Business Media
Page : 423 pages
File Size : 45,34 MB
Release : 2008-02-26
Category : Law
ISBN : 3540777644
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Author : Professor Brad R. Roth
Publisher : Oxford University Press
Page : pages
File Size : 23,96 MB
Release : 2009-12-15
Category : Law
ISBN : 0199711593
In Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, Professor Brad R. Roth provides readers with a working knowledge of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as a morally sound response to disagreements in the international realm. The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserving a state's territorial integrity and political independence, sometimes at the expense of efforts to establish a universal justice that transcends territorial boundaries. Efforts to establish a universal justice, however, need to heed the dangers of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. In Sovereign Equality and Moral Disagreement, Brad R. Roth explains that though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases.
Author : André Nollkaemper
Publisher :
Page : 769 pages
File Size : 16,8 MB
Release : 2018
Category : Law
ISBN : 0198739745
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author : Gregory H. Fox
Publisher :
Page : 944 pages
File Size : 38,70 MB
Release : 2020
Category : Democracy
ISBN : 9781788114745
At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.
Author : Odette Lienau
Publisher : Harvard University Press
Page : 342 pages
File Size : 14,94 MB
Release : 2014-02-18
Category : Business & Economics
ISBN : 0674726405
Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its obligations damages its reputation. Yet should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or else expect consequences--became dominant. Odette Lienau contends that the practice is not essential for functioning capital markets, and demonstrates its reliance on absolutist ideas that have come under fire over the last century. Lienau traces debt continuity from World War I to the present, emphasizing the role of government officials, the World Bank, and private markets in shaping our existing framework. Challenging previous accounts, she argues that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. Rethinking Sovereign Debt calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.
Author : Andreas Føllesdal
Publisher : Cambridge University Press
Page : 323 pages
File Size : 45,26 MB
Release : 2013-10-24
Category : Political Science
ISBN : 1107470706
The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
Author : Katarina Tomaševski
Publisher : BRILL
Page : 237 pages
File Size : 47,9 MB
Release : 2021-09-27
Category : Law
ISBN : 900448230X