custom power and the power of rules international relations and customary international law

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Custom Power And The Power Of Rules

Author : Michael Byers
ISBN : 0521634083
Genre : Law
File Size : 73. 23 MB
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This book explains the most foundational aspect of international law in international relations terms.

International Law And International Relations

Author : J. Craig Barker
ISBN : 9780826450289
Genre : Political Science
File Size : 45. 43 MB
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This text examines key concepts in international law in order to illuminate them in the context of inetrnational relations. The first part of the book covers theoretical issues. The second part examines international law in context, including case-study material and the Pinochet litigation.

The Formation And Identification Of Rules Of Customary International Law In International Investment Law

Author : Patrick Dumberry
ISBN : 9781316503072
Genre : Law
File Size : 53. 20 MB
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Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of State practice which should be considered as relevant evidence for the formation of customary rules, and to what extent they are different from those existing under general international law. The book also analyses the concept of States' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in investment arbitration.

The Persistent Objector Rule In International Law

Author : James A. Green
ISBN : 9780198704218
Genre :
File Size : 49. 99 MB
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The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallizes into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualized, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.

Statelessness

Author : William E Conklin
ISBN : 9781782253730
Genre : Law
File Size : 50. 15 MB
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'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole.

Politics Of International Law And International Justice

Author : Edwin Egede
ISBN : 9780748684526
Genre : Political Science
File Size : 52. 81 MB
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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

Law Ethics And The War On Terror

Author : Matthew Evangelista
ISBN : 9780745641089
Genre : Law
File Size : 22. 2 MB
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In recent years the mass murder of thousands of innocent civilians by al Qaeda terrorists has plumbed the depths of criminality and immorality. Yet it is the response to those attacks, particularly by the United States, that has provoked widespread accusations that the anti–terrorist cure may be worse than the terrorist disease. This book explores the key legal and ethical controversies that arose in the wake of the brutal attacks of 11 September 2001. After the Cold War, progress in human rights and limitations on warfare created an impression that "global civil society" had emerged to challenge the dominance of states and establish new norms to guide their behavior. The events of 9/11, however, witnessed a reassertion of state prerogatives, reflected in challenges to the Geneva Conventions and the stigma against torture. Focusing on core debates about preventive war and the implications of targeted assassination, kidnapping, indefinite detention, and the torture of suspected terrorists, the book asks whether state practice will further undermine the very norms of international law and morality, or whether efforts to combat terrorism can be brought back into conformity with ethical and legal standards.

Internet Governance

Author : Roy Balleste
ISBN : 9781442247857
Genre : Law
File Size : 75. 30 MB
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Internet Governance: Origins, Current Issues, and Future Possibilities provides an introductory, multidisciplinary account of the forces at work in the evolving concept of internet governance and includes computer history, Internet beginnings, institutions and stakeholders, proposed models of governance, and human rights.

The Termination And Revision Of Treaties In The Light Of New Customary International Law

Author : Nancy Kontou
ISBN : UOM:39015034514581
Genre : Law
File Size : 29. 46 MB
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This book deals with a central issue of international law: the relationship between two of its sources, treaty and custom. In particular, it examines one aspect of this relationship that has not been satisfactorily covered in the literature, whether new customary law may abrogate or modify prior incompatible treaties. State practice in the Law of Sea and other areas of international law contains a number of examples of treaties that have been terminated or revised on account of new conflicting custom. The author draws on these examples as well as on decisions of international tribunals to argue that although new customary law does not automatically affect prior incompatible treaties, it gives a State, under certain conditions, the unilateral right to call for their termination or revision. This is an original position on a controversial subject that was considered too complex to be included in the Vienna codification of the Law of Treaties. This issue may arise in all areas of international law and is of practical importance to all those involved in the field.

International Treaties Mu Had T In Islam

Author : Labeeb Ahmed Bsoul
ISBN : 0761838988
Genre : Law
File Size : 21. 4 MB
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International Treaties in Islam: Practice in the Light of Islamic International Law is a study that seeks to explain Islamic international legal theory regarding treaties with non-Muslims. The treaties selected in this book cover the full spectrum of what Muslims and non-Muslims could do to develop and to protect the interest of their communities. With an extremely focused subject and approach, Professor Labeeb Ahmed Bsoul, discusses the importance of these treaties and their continually changing interpretations. The book aims to shed light on a relatively untouched branch of Islamic law, while simultaneously elucidating the social ramifications of legal theory and practice.

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