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The Sources Of International Law

Author: Hugh Thirlway
Publisher: Oxford University Press
ISBN: 0199685401
Size: 34.43 MB
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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.

Sources Of International Law

Author: Martti Koskenniemi
Publisher: Routledge
ISBN: 1351548174
Size: 52.30 MB
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A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.

Sources Of International Law

Author: Martti Koskenniemi
Publisher: Routledge
ISBN: 1351548166
Size: 46.39 MB
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A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.

Sources Of International Law

Author: Martti Koskenniemi
Publisher:
ISBN: 9781315087795
Size: 18.71 MB
Format: PDF
View: 212
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"A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics."--Provided by publisher.

The Making Of International Law

Author: Alan Boyle
Publisher: OUP Oxford
ISBN: 0191021768
Size: 14.81 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.

Treaty Interpretation

Author: Richard Gardiner
Publisher: OUP Oxford
ISBN: 0191648043
Size: 11.99 MB
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The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

Human Dignity And The Foundations Of International Law

Author: Patrick Capps
Publisher: Bloomsbury Publishing
ISBN: 1847318061
Size: 71.96 MB
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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.

International Law And The Use Of Force

Author: Christine Gray
Publisher: Oxford University Press
ISBN: 0198808410
Size: 43.87 MB
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This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

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: 11.17 MB
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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.