five masters of international law conversations with r j dupuy e jimenez de arechaga r jennings l henkin and o schachter

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Five Masters Of International Law

Author : Antonio Cassese
ISBN : 9781847318145
Genre : Law
File Size : 68. 28 MB
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This book consists of interviews with five distinguished international lawyers from the UK, USA, Uruguay and France, conducted by the editor, Antonio Cassese, between 1993 and 1995. Each interview is preceded by a brief 'intellectual portrait' of the interviewee. In his general introduction Cassese stresses that the interviews, all based on the same questionnaire, were intended to bring out not only the main ideas associated with each scholar in the fields of international law and international relations, but also his intellectual and philosophical background, his general outlook and his views of the prospects for the evolution of the international community. In his final essay, Cassese brings together the main threads of the interviews and points to the parallels and divergences appearing from them. This book offers a unique and important insight into the legal minds and outlook of a select group of prominent scholars of international law and legal institutions during the last years of the twentieth century.

International Law As A Profession

Author : Jean d'Aspremont
ISBN : 9781108138680
Genre : Law
File Size : 33. 93 MB
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International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.

State Interest And The Sources Of International Law

Author : Markus P. Beham
ISBN : 9781351579957
Genre : Law
File Size : 88. 76 MB
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This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.

Realizing Utopia

Author : Antonio Cassese
ISBN : 9780191627712
Genre : Law
File Size : 83. 94 MB
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Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

Bibliographie Mensuelle

Author : United Nations Library (Geneva, Switzerland)
ISBN : MINN:31951D03405000E
Genre : International relations
File Size : 89. 85 MB
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Necessity Proportionality And The Use Of Force By States

Author : Judith Gardam
ISBN : 1139456172
Genre : Law
File Size : 45. 56 MB
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There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

Questions And Answers

Author : Rebecca M. Bratspies
ISBN : 142241776X
Genre : International law
File Size : 83. 3 MB
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International Law In A Divided World

Author : Antonio Cassese
ISBN : 019876233X
Genre : Social Science
File Size : 71. 6 MB
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This general introduction to international law considers the topic in a political and historical perspective. Throughout, an effort is made to identify the ideological and political motivation underlying international legal rules and institutions, which are examined through the prism of the principal actors in the international community: Western, socialist and developing countries. This book differs from standard textbooks in an important respect: it covers some topics neglected bytraditional works, such as the historical evolution of the international community or the law of economic relations and of development, while some traditional topics are dealt with only tangentially, such as international arbitration. The book will thus appeal to lawyers who wish to explore the background and context to this subject and to political scientists who want to know more about the policy pursued by each of the three major groupings of States in international law-making. This replaces the hardback, published in 1986.

International Environmental Law And Naval War The Effect Of Marine Safety And Pollution Conventions During International Armed Conflict

Author : Sonja Ann Jozef Boelaert-suominen
ISBN : 1478398825
Genre : History
File Size : 39. 49 MB
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The cornerstone of modern International Environmental Law is the prohibition of transfrontier pollution: states have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond national jurisdiction. In addition, there is now a substantial body of international treaties laying down detailed regimes for various environmental sectors. Relatedly, recent international conflicts have raised fundamental questions about the relationship between international law and armed conflict. The notion that the rules of general international environmental law continue to apply during armed conflict is now well accepted, but the principles that are usually cited remain at a very high level of abstraction. Dr. Sonja Ann JozefBoelaert-Suominen, legal adviser in the Office of the Prosecutor for the International Criminal Tribunal for the former Yugoslavia, in the Hague, the Netherlands, examines the extent to which international law has developed more detailed rules to protect the environment in international armed conflict. After a discussion of the main legal issues, the author focuses on the marine environment, examining the relationship between naval warfare, on one hand, and multilateral environmental treaties on marine safety and the prevention of marine pollution, on the other. Dr. Boelaert-Suominen argues that the majority of these treaties do not apply during armed conflict, either because war damage is expressly excluded or because the treaties do not apply to warships. As for the treaties that are in principle applicable during armed conflict, her analysis shows that, under international law, belligerent and neutral states have the legal right to suspend those treaties, wholly or in part. The author concludes that very few of the treaties considered take the new law of armed conflict into account and that there remains a need for more detailed rules on environmental standards for military operations. In 1996, the Naval War College International Law Studies published volume 69 in its "Blue Book" series-Protection of the Environment during Armed Conflict. This compilation of papers was written for and presented at the Law of Naval Warfare Symposium on the Protection of the Environment during Armed Conflict and other Military Operations, held at the Naval War College in 1995. Contributors to this conference suggested the necessity for a thorough study of the relationship between environmental treaties and the laws of war.

The Statute Of The International Court Of Justice

Author : Andreas Zimmermann
ISBN : 9780191632532
Genre : Law
File Size : 21. 17 MB
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The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.

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