the thin justice of international law a moral reckoning of the law of nations

Download Book The Thin Justice Of International Law A Moral Reckoning Of The Law Of Nations in PDF format. You can Read Online The Thin Justice Of International Law A Moral Reckoning Of The Law Of Nations here in PDF, EPUB, Mobi or Docx formats.

The Thin Justice Of International Law

Author : Steven Richard Ratner
ISBN : 9780198704041
Genre : Law
File Size : 26. 63 MB
Format : PDF, Kindle
Download : 472
Read : 912

Get This Book


Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.

The Thin Justice Of International Law

Author : Steven R. Ratner
ISBN : 9780191009112
Genre : Law
File Size : 56. 9 MB
Format : PDF, ePub, Mobi
Download : 346
Read : 158

Get This Book


In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Deference In International Courts And Tribunals

Author : Lukasz Gruszczynski
ISBN : 9780191026492
Genre : Law
File Size : 70. 31 MB
Format : PDF, Mobi
Download : 339
Read : 760

Get This Book


International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

A Moral Reckoning

Author : Daniel Jonah Goldhagen
ISBN : 0307424448
Genre : History
File Size : 67. 52 MB
Format : PDF, ePub
Download : 359
Read : 704

Get This Book


With his first book, Hitler’s Willing Executioners, Daniel Jonah Goldhagen dramatically revised our understanding of the role ordinary Germans played in the Holocaust. Now he brings his formidable powers of research and argument to bear on the Catholic Church and its complicity in the destruction of European Jewry. What emerges is a work that goes far beyond the familiar inquiries—most of which focus solely on Pope Pius XII—to address an entire history of hatred and persecution that culminated, in some cases, in an active participation in mass-murder. More than a chronicle, A Moral Reckoning is also an assessment of culpability and a bold attempt at defining what actions the Church must take to repair the harm it did to Jews—and to repair itself. Impressive in its scholarship, rigorous in its ethical focus, the result is a book of lasting importance. From the Trade Paperback edition.

The Righteous Mind

Author : Jonathan Haidt
ISBN : 9780307455772
Genre : Philosophy
File Size : 33. 92 MB
Format : PDF, Kindle
Download : 99
Read : 872

Get This Book


Presents a groundbreaking investigation into the origins of morality at the core of religion and politics, offering scholarly insight into the motivations behind cultural clashes that are polarizing America.

Getting To The Rule Of Law

Author : James E. Fleming
ISBN : 9780814728444
Genre : Political Science
File Size : 70. 9 MB
Format : PDF, Kindle
Download : 254
Read : 342

Get This Book


The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

Mestizo International Law

Author : Arnulf Becker Lorca
ISBN : 9781316194058
Genre : Law
File Size : 67. 44 MB
Format : PDF, ePub, Docs
Download : 488
Read : 440

Get This Book


The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.

Disobeying The Security Council

Author : Antonios Tzanakopoulos
ISBN : 9780191649752
Genre : Law
File Size : 56. 62 MB
Format : PDF
Download : 402
Read : 1198

Get This Book


This book examines how the United Nations Security Council, in exercising its power to impose binding non-forcible measures ('sanctions') under Article 41 of the UN Charter, may violate international law. The Council may overstep limits on its power imposed by the UN Charter itself and by general international law, including human rights guarentees. Such acts may engage the international responsibility of the United Nations, the organization of which the Security Council is an organ. Disobeying the Security Council discusses how and by whom the responsibility of the UN for unlawful Security Council sanctions can be determined; in other words, how the UN can be held to account for Security Council excesses. The central thesis of this work is that states can respond to unlawful sanctions imposed by the Security Council, in a decentralized manner, by disobeying the Security Council's command. In international law, this disobedience can be justified as constituting a countermeasure to the Security Council's unlawful act. Recent practice of states, both in the form of executive acts and court decisions, demonstrates an increasing tendency to disobey sanctions that are perceived as unlawful. After discussing other possible qualifications of disobedience under international law, the book concludes that this practice can (and should) be qualified as a countermeasure.

Shadows Of War

Author : Carolyn Nordstrom
ISBN : 0520239776
Genre : Business & Economics
File Size : 29. 94 MB
Format : PDF
Download : 301
Read : 913

Get This Book


Annotation This book captures the human face of the frontlines, revealing both the visible and the hidden realities of contemporary war, power, and international profiteering in the 21st century.

The Butcher S Trail

Author : Julian Borger
ISBN : 9781590516058
Genre : Political Science
File Size : 76. 40 MB
Format : PDF, Kindle
Download : 319
Read : 192

Get This Book


Written with a thrilling narrative pull, The Butcher's Trail chronicles the pursuit and capture of the Balkan war criminals indicted by the International Criminal Tribunal in The Hague. Borger recounts how Radovan Karadzic and Ratko Mladic - both now on trial in The Hague - were finally tracked down, and describes the intrigue behind the arrest of Slobodan Milosevic, the Yugoslav president who became the first head of state to stand before an international tribunal for crimes perpetrated in a time of war.

Top Download:

Best Books