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Author: Russell A. Miller
Publisher: BRILL
ISBN: 9004165711
Category : Law
Languages : en
Pages : 945
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Book Description
"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.
Author: Russell A. Miller
Publisher: BRILL
ISBN: 9004165711
Category : Law
Languages : en
Pages : 945
Get Book
Book Description
"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.
Author: Thomas Skouteris
Publisher: T.M.C. Asser Press
ISBN: 9789067046886
Category : Law
Languages : en
Pages : 276
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Book Description
Progress is a familiar slogan in international law, commonly used to accompany claims for improvement or change. At the same time, the notion of progress is rarely explored as such in the literature. The book begins to address this gap by examining the function of the notion of progress in international law rhetoric and writing. By looking at three concrete case studies taken from 'everyday' international law, the book concentrates on explaining 'what is it' that makes a specific international law event synonymous with progress. The book engages questions of narrativity, objectivity, and truth in some of international law's founding progress narratives.
Author: Matthew C. R. Craven
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154817
Category : Law
Languages : en
Pages : 264
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Book Description
This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
Author: Thomas Skouteris
Publisher: T.M.C. Asser Press
ISBN: 9789067042994
Category : Law
Languages : en
Pages : 276
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Book Description
Progress is a familiar slogan in international law, commonly used to accompany claims for improvement or change. At the same time, the notion of progress is rarely explored as such in the literature. The book begins to address this gap by examining the function of the notion of progress in international law rhetoric and writing. By looking at three concrete case studies taken from 'everyday' international law, the book concentrates on explaining 'what is it' that makes a specific international law event synonymous with progress. The book engages questions of narrativity, objectivity, and truth in some of international law's founding progress narratives.
Author: Steven R. Ratner
Publisher: OUP Oxford
ISBN: 0191009113
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.
Author: Thomas Skouteris
Publisher: T.M.C. Asser Press
ISBN: 9789067046879
Category : Law
Languages : en
Pages : 0
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Book Description
Progress is a familiar slogan in international law, commonly used to accompany claims for improvement or change. At the same time, the notion of progress is rarely explored as such in the literature. The book begins to address this gap by examining the function of the notion of progress in international law rhetoric and writing. By looking at three concrete case studies taken from ‘everyday’ international law, the book concentrates on explaining ‘what is it’ that makes a specific international law event synonymous with progress. The book engages questions of narrativity, objectivity, and truth in some of international law’s founding progress narratives. The book is valuable reading for international law academics and practitioners alike, especially for those interested in the history and theory of international law. Dr. Thomas Skouteris is currently Associate Professor and Director of the Ibrahim Shihata Memorial LLM Program in International and Comparative Law at The American University in Cairo as well as Secretary General of the European Society of International Law. Before AUC, Skouteris taught at the Faculty of Law of Leiden University and other universities as Visiting Professor. He is General Editor of the Leiden Journal of International Law and he teaches and publishes in public international law, legal history and theory, international dispute settlement, and international criminal law.
Author: Alexander Gillespie
Publisher: Earthscan
ISBN: 1849776229
Category : Business & Economics
Languages : en
Pages : 256
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Book Description
Is 'sustainable development' a charade sold to an increasingly misled public? This book presents a wide-ranging, penetrating critique of sustainability and what it actually means. The author argues that despite the rhetoric of socially and environmentally sustainable development and the ever-increasing number of legislative environmental policies, the real issues such as consumption, population growth and equity are either sidestepped or manipulated in international policy and law. Analyzing the main areas of concern - economic growth, market structure, trade, aid, debt, security and sovereignty - he shows that the entire development structure and the underpinnings of the debate are leading down quite a different path to that intended by sustainability.
Author: Alan Boyle
Publisher: OUP Oxford
ISBN: 0191021768
Category : Law
Languages : en
Pages : 368
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Book Description
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.
Author: Jean d’Aspremont
Publisher: Edward Elgar Publishing
ISBN: 1783474688
Category : Law
Languages : en
Pages : 960
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Book Description
Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
Author: Lingliang Zeng
Publisher: Springer
ISBN: 9789811586552
Category : Law
Languages : en
Pages : 553
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Book Description
This book discusses selected frontier and hot theoretical and practical issues of international law in the 21st century and in the process of China's peaceful development strategy, such as interactions between harmonious world, international law and China s peaceful development; close connections of China rule of law with international rule of law; issues of international law resulted from the war of Former Yugoslavia, establishment of ICC, DPRK nuclear test, Iraq War, Independence of Crimea; features of WTO rule of law and its challenges as well as legal and practical disputes between China and other members in the WTO; recent tendency of regional trade agreements and characteristics of Chinese practices in this aspect; legal issues in relations between China and the European Union with a view of the framework of China–EU Comprehensive Strategic Partnership.
