The Thin Justice of International Law

The Thin Justice of International Law PDF Author: Steven R. Ratner
Publisher: OUP Oxford
ISBN: 0191009105
Category : Law
Languages : en
Pages : 500

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Book Description
In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

The Thin Justice of International Law

The Thin Justice of International Law PDF Author: Steven R. Ratner
Publisher: OUP Oxford
ISBN: 0191009105
Category : Law
Languages : en
Pages : 500

Get Book

Book Description
In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Denial of Justice in International Law

Denial of Justice in International Law PDF Author: Jan Paulsson
Publisher: Cambridge University Press
ISBN: 1139448285
Category : Law
Languages : en
Pages : 307

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Book Description
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.

Theory and Reality in Public International Law

Theory and Reality in Public International Law PDF Author: Charles de Visscher
Publisher: Princeton, N.J. : Princeton University Press
ISBN:
Category : International law
Languages : en
Pages : 406

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Book Description


International Law at a Time of Perplexity

International Law at a Time of Perplexity PDF Author: Yôrām Dinšṭein
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024736546
Category : Law
Languages : en
Pages : 1108

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Book Description
This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility & their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, & circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, & its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers & students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.

Cases & Materials on International Law

Cases & Materials on International Law PDF Author: Martin Dixon
Publisher: Oxford University Press
ISBN: 019872764X
Category : International law
Languages : en
Pages : 795

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Book Description
Cases & Materials on International Law is a topical and engaging companion for study, offering broad coverage on public international law and placing disputes directly within the context of contemporary debate. The book contains the essential cases and materials that students need in order to fully understand and analyse the international legal system, drawing on a truly global range of jurisdictions and sources. Expert author commentary and notes place selected extracts within the wider legal framework and explain the complexities of the principles of law to students. The sixth edition includes expanded discussion of developing areas, including UN resolutions on climate change and international environmental law, new material from the International Law Commission, and coverage of major events, such as the annexation of Crimea, the legal context for Scottish independence and the UK's exit from the European Union, and the United Nations Security Council's Resolution on Malaysia Airlines MH17.

Enforcing International Law

Enforcing International Law PDF Author: Benjamin B. Ferencz
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 490

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Book Description


International Law's Invisible Frames

International Law's Invisible Frames PDF Author: Andrea Bianchi
Publisher: Oxford University Press
ISBN: 0192847538
Category : Law
Languages : en
Pages : 337

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Book Description
This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.

International Law in the U.S. Supreme Court

International Law in the U.S. Supreme Court PDF Author: David L. Sloss
Publisher: Cambridge University Press
ISBN: 9780521119566
Category : Law
Languages : en
Pages : 656

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Book Description
From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law, and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century was a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

Mestizo International Law

Mestizo International Law PDF Author: Arnulf Becker Lorca
Publisher: Cambridge University Press
ISBN: 1316194051
Category : Law
Languages : en
Pages : 591

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Book Description
The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.

International Law as a Belief System

International Law as a Belief System PDF Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108421873
Category : Law
Languages : en
Pages : 179

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Book Description
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?