Problems and Process

International Law and How We Use It

Author: Rosalyn Higgins

Publisher: Oxford University Press

ISBN: 9780198764106

Category: Law

Page: 274

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The greatest possible honor for an international lawyer is to be invited to deliver the Hague Academy General Course in International Law. Rosalyn Higgins was so honored and this volume is the revised text of the lectures she delivered there. Its purpose is to show that there is an essential and unavoidable choice to be made between the perception of international law as either a system of neutral rules or as a system of decision-making directed towards the attainment of specific declared values. This book focuses on resolving this in addition to many other difficult and unanswered issues in contemporary international law. The topics she addresses include human rights, allocating competence, self determination, and the individual use of force in international law. This accessible volume will be particularly useful to scholars and students of international law who seek a better understanding of the subject and desire to see how the great web of inter-related concepts which comprise international law are held together as a coherent and cohesive whole.

Themes and Theories

Selected Essays, Speeches, and Writings in International Law

Author: Rosalyn Higgins

Publisher: Oxford University Press, USA

ISBN: N.A

Category: International law

Page: 1421

View: 2237

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As President of the International Court of Justice, Dame Rosalyn Higgins is the world's most senior judge. This two volume set collects together all of her most important writings as a scholar, a member of the UN Human Rights Committee, and as judge and President of the International Court of Justice. During these years Dame Rosalyn has written on a wide range of topics including legal theory, United Nations Law, humanitarian law, the use of force, state and diplomatic immunities, human rights, and natural resources law. As President and Judge of the International Court of Justice, Dame Rosalyn has played her part in the formulation of the Judgments and Opinions of the principal judicial organ of the UN. She has sought to ensure the ICJ - the senior international court - operates in a modern and efficient manner, and in cordial relationship with the many new courts and tribunals now existing. These aspirations are reflected in her speeches during the years 2006 to 2008, most of which have not hitherto been published. This volume boasts a comprehensive collection of all her Separate Opinions, amongst other writings, divided into ten Parts by subject matter. This includes specially written introductory passages by Dame Rosalyn to present the catalogue of her writings and the correlative developments in international law by theme.

The Individual in the International Legal System

Continuity and Change in International Law

Author: Kate Parlett

Publisher: Cambridge University Press

ISBN: 1139499971

Category: Law

Page: N.A

View: 6732

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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.

Oppenheim's International Law

United Nations

Author: Rosalyn Higgins,Philippa Mahal Webb,Dapo Akande,Sandesh Sivakumaran,James Sloan

Publisher: N.A

ISBN: 9780198808329

Category: International law

Page: 1525

View: 3771

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The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is a book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. -- $c Provided by publisher.

Research Handbook on UN Sanctions and International Law

Author: Larissa van den Herik

Publisher: Edward Elgar Publishing

ISBN: 1784713031

Category:

Page: 544

View: 4198

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The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.

The Use of Force in International Law

Author: Tarcisio Gazzini

Publisher: Routledge

ISBN: 1351539779

Category: Law

Page: 648

View: 9625

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This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.

Compliant Rebels

Rebel Groups and International Law in World Politics

Author: Hyeran Jo

Publisher: Cambridge University Press

ISBN: 1316432432

Category: Political Science

Page: N.A

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Seventeen million people have died in civil wars and rebel violence has disrupted the lives of millions more. In a fascinating contribution to the active literature on civil wars, this book finds that some contemporary rebel groups actually comply with international law amid the brutality of civil conflicts around the world. Rather than celebrating the existence of compliant rebels, the author traces the cause of this phenomenon and argues that compliant rebels emerge when rebel groups seek legitimacy in the eyes of domestic and international audiences that care about humanitarian consequences and human rights. By examining rebel groups' different behaviors such as civilian killing, child soldiering, and allowing access to detention centers, Compliant Rebels offers key messages and policy lessons about engaging rebel groups with an eye toward reducing civilian suffering in war zones.

Politics of International Law and International Justice

Author: Edwin Egede

Publisher: Edinburgh University Press

ISBN: 0748684522

Category: Political Science

Page: 352

View: 1045

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A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati

Towards an 'international Legal Community'?

The Sovereignty of States and the Sovereignty of International Law

Author: Colin Warbrick,Stephen Tierney

Publisher: British Inst of International & Comparative

ISBN: 9780903067799

Category: Law

Page: 273

View: 5923

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In this collection of essays, a number of the UK's leading international legal theorists consider whether, in light of contemporary legal, economic, and political challenges which the state faces, state sovereignty can continue to be viewed meaningfully as a legal principle. The book examines whether legitimacy is generated merely by the factual condition of a state's existence, or whether in fact the international legal system is now better viewed as a self-generating and increasingly sovereign force, founded upon an incipient 'international legal community' which has in large measure redefined state sovereignty as a lower order principle both contingent upon and attenuated by the normative authority inherent in this nascent 'community'. The book examines whether or not international law is an embryonic 'quasi-constitutional' system, generated by an international legal community. And if so, has this community, although finding its historical origins in the aggregated will of states, assumed a new and immanently-generated legitimacy which is no longer dependent upon state consent for its validity and authority?

International Organizations and the Idea of Autonomy

Institutional Independence in the International Legal Order

Author: Richard Collins,Nigel D. White

Publisher: Routledge

ISBN: 1136806059

Category: Law

Page: 464

View: 6035

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International Organizations and the Idea of Autonomy is an exploratory text looking at the idea of intergovernmental organizations as autonomous international actors. In the context of concerns over the accountability of powerful international actors exercising increasing levels of legal and political authority, in areas as diverse as education, health, financial markets and international security, the book comes at a crucial time. Including contributions from leading scholars in the fields of international law, politics and governance, it addresses themes of institutional autonomy in international law and governance from a range of theoretical and subject-specific contexts. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole. Although primarily a legal text, the book takes a broad, thematic and inter-disciplinary approach. In this respect, International Organizations and the Idea of Autonomy offers an excellent resource for both practitioners and students undertaking courses of advanced study in international law, the law of international organizations, global governance, as well as aspects of international relations and organization.

Religious Actors and International Law

Author: Ioana Cismas

Publisher: OUP Oxford

ISBN: 019102189X

Category: Law

Page: 440

View: 9164

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This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.

Government Law and Policy

Commercial Aspects

Author: Bryan Horrigan

Publisher: Federation Press

ISBN: 9781862872578

Category: Law

Page: 446

View: 9219

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This topical book focuses on select aspects of government law and policy which significantly affect the commercial/business sectors or which involve government in these sectors. Written with a strong practical focus, it covers law, policy and practicalities at all levels of government. Commercial lawyers who act for or against government, government lawyers and government officials and policy advisers will find this new volume indispensable.

International Criminal Justice at the Yugoslav Tribunal

A Judge's Recollection

Author: Mohamed Shahabuddeen

Publisher: OUP Oxford

ISBN: 0191649856

Category: Law

Page: 264

View: 5332

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International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book, by one of the former judges of the ICTY, ICTR, and the International Court of Justice, assesses some of the workings of the ICTY that have shaped these developments. In it, Judge Shahabuddeen provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. He reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced. Judge Shahabuddeen's experience in international criminal justice makes this volume essential reading for those interested in, or working with, international criminal law.

Public International Law

Contemporary Principles and Perspectives

Author: Gideon Boas

Publisher: Edward Elgar Publishing

ISBN: 0857939564

Category: Law

Page: 400

View: 8576

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'Gideon Boas's experience as an international litigator and his renown as an academic practitioner means he was well-placed to write a book on international law that both covers this growing field and enters it at key moments to illustrate important themes. This book accomplishes the difficult task of offering a wide-ranging perspective on the whole field, as well as conveying the ferment that surrounds it. Students of international law will derive great benefit from it.' – Gerry Simpson, University of Melbourne, Australia Public International Law offers a comprehensive understanding of international law as well as a fresh and highly accessible approach. While explaining the theory and development of international law, this work also examines how it functions in practice. Case studies and recent examples are infused in the discussion on each topic, and critical perspectives on the principles are given prominence, building an understanding of how and why the international legal system operates in the way it does and where it is heading. For each principle, the book starts by explaining the theoretical foundations in detail before illustrating how these principles function in practice. Features include: • a focus on fundamental principles of international law rather than specialist sub-topics; • integrated and contextual explanation of political and extra-legal dimension of international legal system; • principles of international law placed within a contemporary real-life context; • traditional and contemporary case studies explained in the context of legal principles; and • uniform structure to facilitate understanding. With insight founded on the author's many years of experience as a practitioner and academic in the field of international law, this work will offer legal practitioners, policy makers and students, both undergraduate and postgraduate, an invaluable insight into the field of international law.

Proportionality in International Law

Author: Michael A. Newton,Larry May

Publisher: Oxford University Press, USA

ISBN: 0199355037

Category: Law

Page: 339

View: 5094

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Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

Economic, Social, and Cultural Rights in Armed Conflict

Author: Gilles Giacca

Publisher: OUP Oxford

ISBN: 0191026913

Category: Law

Page: 414

View: 5265

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This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.

The Individual in the International Legal System

Continuity and Change in International Law

Author: Kate Parlett

Publisher: Cambridge University Press

ISBN: 1139499971

Category: Law

Page: N.A

View: 4135

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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 Finnish Yearbook of International Law 1997

Author: Martti Koskenniemi,Kari Takamaa

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041111302

Category: Law

Page: 528

View: 6125

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Despite its Finnish initiative and pedigrees, "The Finnish Yearbook of International Law" does not restrict itself to purely 'Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. "The Finnish Yearbook of International Law" annually publishes, in both English and French, articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offerings include: - longer articles of a theoretical nature, exploring new avenues and approaches; - shorter polemics; - commentaries on current international law developments; - book reviews; and - documentation of relevance to Finland's foreign relations not easily available elsewhere. "The Finnish Yearbook" offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.

Complicity in International Law

Author: Miles Jackson

Publisher: OUP Oxford

ISBN: 0191056758

Category: Law

Page: 272

View: 4178

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This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.

Public Interest Rules of International Law

Towards Effective Implementation

Author: Professor Teruo Komori,Professor Karel Wellens

Publisher: Ashgate Publishing, Ltd.

ISBN: 140949683X

Category: Law

Page: 510

View: 4414

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This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community.