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The Boundaries Of International Law

Author: Hilary Charlesworth
Publisher: Manchester University Press
ISBN: 9780719037399
Size: 64.46 MB
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The first book-length treatment of the application of feminist theories to international law.. Its central argument is that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women world-wide rather than confronted it.. Provides a feminist perspective on the structure, processes and substance of international law dealing with its sources, treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights.. They finally consider whether inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law.. Aims to encourage a rethinking of the discipline of international law so that it can offer a more useful framework for international and national justice.

Boundaries Of The International

Author: Jennifer Pitts
Publisher: Harvard University Press
ISBN: 0674980816
Size: 64.23 MB
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It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.

China And International Law

Author: Byron N. Tzou
Publisher: Greenwood Publishing Group
ISBN: 9780275934620
Size: 49.16 MB
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A systematic look at how China - which borders on 12 countries - deals with its complex boundary questions. The book includes an examination of boundary claims, border policies, settlements, alignments, and armed conflicts.

The Oxford Handbook On The Sources Of International Law

Author: Jean d'Aspremont
Publisher: Oxford University Press
ISBN: 0198745362
Size: 35.92 MB
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The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? These traditional questions bear on at least two different levels of understanding. First, how are international norms validated as rules of international "law", i.e. legally binding norms? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook on the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. Thisandbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

The Making Of International Law

Author: Alan Boyle
Publisher: OUP Oxford
ISBN: 0191021768
Size: 42.68 MB
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This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

The International Law Of Maritime Boundaries And The Practice Of States In The Mediterranean Sea

Author: Faraj Abdullah Ahnish
Publisher: Oxford University Press
ISBN:
Size: 17.63 MB
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This two-part study examines the law governing maritime boundaries and their delimitation, with special attention being paid to the situation in the Mediterranean Sea. The first part of the work looks at the general principles of international law which operate in relation to maritime boundaries and attempts to elucidate a set of substantive rules of law which can be applied in all cases. The second part applies these rules to a number of important and problematic episodes involving boundary disputes in the Mediterranean Sea, in particular those which have centered upon enclosed and semi-enclosed areas. The work will be of particular value to lawyers concerned with law of the sea disputes especially those with a keen interest in the outcome of outstanding problems in the Mediterranean.

Testing The Boundaries Of International Humanitarian Law

Author: Susan Carolyn Breau
Publisher: British Inst of International & Comparative
ISBN:
Size: 31.84 MB
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This collection of essays comes as the first British Institute of International and Comparative Law publication in the field of international humanitarian law in over a dozen years. This new book explores the important and topical subject of 21st century conflict and the implications for international humanitarian law. The areas covered include in-depth analysis of topical issues such as terrorism and complex security situations, legal fault-lines, contemporary warfare, post-conflict management, and in problems relative to occupation, interrelations between humanitarian law, and human rights. A special section is dedicated to the creation and role of the Iraqi Special Tribunal.

Boundaries And Secession In Africa And International Law

Author: Dirdeiry M. Ahmed
Publisher: Cambridge University Press
ISBN: 1316453804
Size: 62.97 MB
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This book challenges a central assumption of the international law of territory. The author argues that, contrary to the finding in the Frontier Dispute case, uti possidetis is not a general principle of law enjoining states to preserve pre-existing boundaries on state succession. It demonstrates that African state practice and opinio juris gave rise to customary rules that govern sovereign territory transfer in Africa. It explains that those rules changed international law as it relates to Africa in many respects, leading chiefly to creating norms of African jus cogens prohibiting secession and the redrawing of boundaries. The book examines in-depth the singularity of secession in Africa exploring extensive state practice and case law. Finally, it advances a daring argument for a right to egalitarian self-determination, addressing people-to-people domination in multi-ethnic African states, to serve as an exception to the fast special customary rule against secession.