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Author: Godefridus J. H. Hoof
Publisher: Brill Archive
ISBN: 9789065440853
Category : Law
Languages : en
Pages : 342
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Book Description
Deals with the concept of sources of international law.
Author: Godefridus J. H. Hoof
Publisher: Brill Archive
ISBN: 9789065440853
Category : Law
Languages : en
Pages : 342
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Book Description
Deals with the concept of sources of international law.
Author: Imogen Saunders
Publisher: Bloomsbury Publishing
ISBN: 1509936084
Category : Law
Languages : en
Pages : 304
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Book Description
This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.
Author: Clive Parry
Publisher: Manchester University Press
ISBN:
Category : International law
Languages : en
Pages : 140
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Book Description
Author: Hugh Thirlway
Publisher: Oxford University Press
ISBN: 0199685398
Category : Law
Languages : en
Pages : 262
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Book Description
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Author: Charles Sampford
Publisher: Routledge
ISBN: 1317064127
Category : Law
Languages : en
Pages : 360
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Book Description
General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
Author: Jean L. Cohen
Publisher: Cambridge University Press
ISBN: 1139560263
Category : Political Science
Languages : en
Pages :
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Book Description
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Author: James Crawford
Publisher: Cambridge University Press
ISBN: 0521190886
Category : Law
Languages : en
Pages : 485
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Book Description
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
Author: Robert D. McKinlay
Publisher:
ISBN: 9780299113841
Category : Business & Economics
Languages : en
Pages : 312
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Book Description
Author: Samantha Besson
Publisher: Oxford University Press
ISBN: 0198745362
Category : Law
Languages : en
Pages : 1233
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Book Description
This handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.--
Author: Martti Koskenniemi
Publisher: Routledge
ISBN: 1351548174
Category : Law
Languages : en
Pages : 600
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Book Description
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.
