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Problems And Process

Author: Rosalyn Higgins
Publisher: Oxford University Press
ISBN: 9780198764106
Size: 62.48 MB
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The greatest possible honor for an international lawyer is to be invited to deliver the Hague Academy General Course in International Law. Rosalyn Higgins was so honored and this volume is the revised text of the lectures she delivered there. Its purpose is to show that there is an essential and unavoidable choice to be made between the perception of international law as either a system of neutral rules or as a system of decision-making directed towards the attainment of specific declared values. This book focuses on resolving this in addition to many other difficult and unanswered issues in contemporary international law. The topics she addresses include human rights, allocating competence, self determination, and the individual use of force in international law. This accessible volume will be particularly useful to scholars and students of international law who seek a better understanding of the subject and desire to see how the great web of inter-related concepts which comprise international law are held together as a coherent and cohesive whole.

Torture And Its Definition In International Law

Author: Metin Basoglu
Publisher: Oxford University Press
ISBN: 0199374627
Size: 17.18 MB
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This book presents an interdisciplinary approach to definition of torture by bringing together behavioral science and international law perspectives on torture. It is a collaborative effort by a group of prominent scholars of behavioral sciences, international law, human rights, and public health with internationally recognized expertise and authority in their field. It represents a first ever attempt to explore the scientific basis of legal understanding of torture and inform international law on various definitional issues by proposing a sound theory- and empirical-evidence-based psychological formulation of torture. Drawing on scientific evidence from the editor's 30 years of systematic research on torture, it proposes a learning theory formulation of torture based on the concept of helplessness under the control of others and offers an assessment methodology that can reduce the element of subjectivity in legal judgments in individual cases. It also demonstrates how this formulation can help understand the nature and severity of ill-treatments in different contexts, such as domestic violence and adverse conditions of penal confinement. Through a learning theory analysis of "enhanced interrogation techniques," it demonstrates not only why these techniques constitute torture but also how they help us understand the contextual defining characteristic of torture in general. The proposed formulation implies a broader concept of torture than previously understood, provides scientific and moral justification for the evolving trends in international law towards a broader coverage of ill-treatments in contexts beyond official custody and points to new directions of expansion of the concept. With a focus on the concepts of shame and humiliation and their evolutionary origin, the book explains why inhuman or degrading treatments can cause as much pain or suffering as physical torture. Although treatment issues are not covered, the book sheds light on potentially effective treatment approaches by offering important insights into psychology of torture.

Marcel Duchamp And Max Ernst

Author: David Hopkins
Publisher: Oxford University Press
ISBN: 9780198175131
Size: 49.71 MB
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David Hopkins analyses the extensive network of shared concerns and images in the work of Marcel Duchamp and Max Ernst, the greatest names associated with Dada and Surrealist art. This book covers a broad period from c.1912 to the mid-1940s, during which the emergence of Dada and Surrealism in Europe and the United States challenged earlier movements such as Cubism and Expressionism, creating scope for the expression of the unconscious fears and desires of artists acutely sensitive tothe troubled nature of their times. Examining Duchamp's and Ernst's subversion and manipulation of religious and hermetic beliefs such as Catholicism, Rosicrucianism and Masonry, David Hopkins demonstrates the ways in which these esoteric concerns intersect with themes of peculiarly contemporary relevance, including the social construction of gender and notions of ordering and taxonomy. This detailed comparison of components of Duchamp's and Ernst's work reveals fascinating structural patterns, enabling the reader to discover an entirely new way of understanding the mechanisms underlying Dada and Surrealist iconography.

International Law

Author: Jeffrey L. Dunoff
Publisher: Wolters Kluwer Law & Business
ISBN: 1454860952
Size: 28.35 MB
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Written by some of the leading International Law scholars in the nation, this casebook employs a unique problem-based approach to examining international issues. Using real life teaching problems, the text explores the processes of international lawmaking with an interdisciplinary approach that goes beyond mere doctrinal explanation. The Fourth Edition includes new court decisions and expanded coverage of international crises. With comprehensive and well-balanced coverage, this casebook provides a captivating context in which students can define and understand contemporary international law.

The Individual In The International Legal System

Author: Kate Parlett
Publisher: Cambridge University Press
ISBN: 1139499971
Size: 21.35 MB
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Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

The Oxford Handbook Of The Use Of Force In International Law

Author: Marc Weller
Publisher: Oxford University Press
ISBN: 0199673047
Size: 72.35 MB
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This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.

Oppenheim S International Law

Author: Rosalyn Higgins
Publisher:
ISBN: 9780198808329
Size: 17.62 MB
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The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is a book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. -- $c Provided by publisher.

Is International Law International

Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696435
Size: 50.90 MB
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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

The Treatment Of Prisoners Under International Law

Author: Nigel Rodley
Publisher: Oxford University Press on Demand
ISBN: 0199215073
Size: 64.97 MB
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This book deals with atrocities that are committed against people who cannot defend themselves: torture, murder, enforced disappearance. It also deals with similar practices such as corporal punishment and the death penalty. It incorporates a lot of new material including treaties and case law from international and national courts.

Legitimacy And Legality In International Law

Author: Jutta Brunnée
Publisher: Cambridge University Press
ISBN: 1139491474
Size: 27.66 MB
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It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.