Download the sources of international law foundations of public international law in pdf or read the sources of international law foundations of public international law in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get the sources of international law foundations of public international law in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



The Sources Of International Law

Author: Hugh Thirlway
Publisher: Oxford University Press
ISBN: 0199685401
Size: 20.79 MB
Format: PDF, ePub, Docs
View: 937
Download and Read
The question of what is, and what is not, part of international law is fundamental in shaping its current form and its development. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, the definition of what the sources of international law are, and how they operate, has been questioned in significant ways. Particularly this has been seen in the more recent developments in the notion of customary international law, which stands alongside international treaties and instruments as a key foundation upon which international law is built. This book provides a key inquiry into all the recognised, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. The book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.

International Law

Author: Anders Henriksen
Publisher: Oxford University Press
ISBN: 0198753012
Size: 31.68 MB
Format: PDF, Kindle
View: 5722
Download and Read
International Law provides a fresh, student-focused approach and European perspective on the central issues in public international law. Providing ideal coverage for short foundational courses, this engaging new textbook introduces all the essential topics in a concise and manageable way. Dedicated chapters on environmental law, economic law, and human rights are included, ensuring that appropriate coverage is given to the various areas affected by international law. The core topics are fully explained in plain terms and the principles and key terminology outlined in an accessible style. Taking a critical perspective throughout, Henriksen introduces the areas of debate and builds students' confidence in understanding the complexities of the international legal system and its operation across borders. Particular emphasis is placed on the key issues in civil law jurisdictions, making this text perfectly suited for students based in mainland Europe. A range of learning features highlight the important areas of debate and encourage students to engage critically with important disputes. Central issues boxes introduce each chapter, highlighting the controversies and key principles explored; chapter summaries provide an overview for students to review their understanding of a particular topic; discussion questions encourage students to apply their knowledge to addressing specific problems within the context of the subject; and carefully selected recommended reading lists guide students' wider research and enable them to broaden and consolidate their learning. Online Resource Centre An accompanying Online Resource Centre offers a range of freely available materials to support lecturers and students in their studies. The resources included with International Law include: - Updates on the law and significant developments within the field of public international law - Short podcasts introducing the core topics covered - Advice on answering the Questions for Discussion at the end of each chapter - Links to other international law resources

Foundations Of Public International Law Examine Critically The Requirements For The Creation Of A State In Modern International Law

Author: Timo Hohmuth
Publisher: GRIN Verlag
ISBN: 363832365X
Size: 45.90 MB
Format: PDF, ePub, Docs
View: 6515
Download and Read
Essay from the year 2000 in the subject Law - European and International Law, Intellectual Properties, grade: 2 (B), University of Newcastle upon Tyne (Law School), course: Foundations of Public International Law, 13 entries in the bibliography, language: English, abstract: “The orthodox positivist doctrine has been explicit in the affirmation that only States are subjects of international law.”1 However, since international law is primarily concealed with the rights and duties of states, it is necessary to have a clear idea of what a state is. Problems of definition of statehood and of its application thus occupy an important place in the structure of international law. The disputes on this topic tend to be focused on factual issues rather than on the relevant legal criteria. The question of the criteria is a mixed fact and law question though. To create a state entities must fulfil certain criteria of statehood. There are different opinions on the essential criteria, which will be examined critically hereafter. 1 Lauterpacht, International Law, p. 489.

Human Dignity And The Foundations Of International Law

Author: Patrick Capps
Publisher: Bloomsbury Publishing
ISBN: 1847318061
Size: 75.35 MB
Format: PDF, Mobi
View: 1859
Download and Read
International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.

The Oxford Handbook Of The History Of International Law

Author: Bardo Fassbender
Publisher: Oxford University Press
ISBN: 0199599750
Size: 76.89 MB
Format: PDF, Docs
View: 3629
Download and Read
This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.

The Making Of International Law

Author: Alan Boyle
Publisher: OUP Oxford
ISBN: 0191021768
Size: 34.60 MB
Format: PDF, ePub, Docs
View: 5713
Download and Read
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.