The Evolution and Transformation of International Law

The Evolution and Transformation of International Law PDF Author: Max Hilaire
Publisher: Logos Verlag Berlin GmbH
ISBN: 3832553509
Category : Law
Languages : en
Pages : 295

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Book Description
Developments in International Law, from the Peace of Westphalia to the Post-United Nations Charter

The Evolution and Transformation of International Law

The Evolution and Transformation of International Law PDF Author: Max Hilaire
Publisher: Logos Verlag Berlin GmbH
ISBN: 3832553509
Category : Law
Languages : en
Pages : 295

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Book Description
Developments in International Law, from the Peace of Westphalia to the Post-United Nations Charter

The International Criminal Court and the Transformation of International Law

The International Criminal Court and the Transformation of International Law PDF Author: Leila Nadya Sadat
Publisher: International and Comparative
ISBN:
Category : Law
Languages : en
Pages : 592

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Book Description
Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.

Evolutionary Interpretation and International Law

Evolutionary Interpretation and International Law PDF Author: Georges Abi-Saab
Publisher: Bloomsbury Publishing
ISBN: 1509929908
Category : Law
Languages : en
Pages : 391

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Book Description
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

Francisco de Vitoria and the Evolution of International Law

Francisco de Vitoria and the Evolution of International Law PDF Author: Amaya Amell
Publisher: Lexington Books
ISBN: 1793613354
Category : Law
Languages : en
Pages : 141

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Book Description
Francisco de Vitoria and the Evolution of International Law: Justifying Injustice is a reconstruction of the philosophical and legal theories of Fray Francisco de Vitoria, hailed by many as one of the primary founders of international law, and how these served to introduce the theory of an international community in which all nations take part, regardless of religious beliefs. The impact of the conquest of the Americas resulted in a transformation or re-articulation of the Old World’s preconceived notions of human nature and the rights of people and nations. Due to the need for a more universal principle, the theory of international law began to expand. In order to present a perspective on international law and human rights beyond the scope of the Spanish conquest of the Americas, Vitoria’s thoughts are compared to those of Hugo Grotius and John Locke, to show how the issues of natural, human, and divine law evolved through time. Their questioning of the right to invade other countries and subdue their inhabitants brought to light the conflictive relationship between colonial expansion and the law of nations and was an essential part of debates among intellectuals, jurists, and theologians in an attempt to find a way to reconcile these two often-contradictory notions.

Beyond Human Rights

Beyond Human Rights PDF Author: Anne Peters
Publisher: Cambridge University Press
ISBN: 1107164303
Category : Law
Languages : en
Pages : 645

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Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The Individual in the International Legal System

The Individual in the International Legal System PDF Author: Kate Parlett
Publisher: Cambridge University Press
ISBN: 1139499971
Category : Law
Languages : en
Pages : 463

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Book Description
Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

The Evolutionary Interpretation of Treaties

The Evolutionary Interpretation of Treaties PDF Author: Eirik Bjorge
Publisher: Oxford University Press, USA
ISBN: 0198716141
Category : Law
Languages : en
Pages : 241

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Book Description
The question of whether the meaning of terms used in treaties can evolve over time is highly contentious within international law. This book examines how treaties should be interpreted, and how best to marry the intention of the parties to the treaty with the changing socio-political context over time.

International Law and Domestic Legal Systems

International Law and Domestic Legal Systems PDF Author: Dinah L. Shelton
Publisher:
ISBN:
Category :
Languages : en
Pages : 24

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Book Description
This book discusses developments in international law and their relationship to national legal systems. The introduction of the book notes that countries who received their independence from authoritarian regimes are more receptive to international law. A country may adopt either a monist approach to international law, where it considers international law part of its domestic law, or a dualist approach, in which a country separates its national law from international law. The introduction then proceeds to identify sources of international law, including treaties and countries' methods of complying, customary international law, and declarations. The introduction concludes by noting the increasing presence and evolution of international law.

The Oxford Handbook of the History of International Law

The Oxford Handbook of the History of International Law PDF Author: Bardo Fassbender
Publisher: Oxford University Press
ISBN: 0199599750
Category : History
Languages : en
Pages : 1269

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Book Description
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 Transformation of American Law, 1780-1860

The Transformation of American Law, 1780-1860 PDF Author: Morton J. HORWITZ
Publisher: Harvard University Press
ISBN: 0674038789
Category : Law
Languages : en
Pages : 378

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Book Description
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.