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Author: Anne Peters Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In the context of a power shift away from the Western world, disenchantment with globalisation, and the rise of post-colonialist and post-humanist thinking, global constitutionalism is under pressure. The factual acceptance and normative appeal of the constitutionalist 'trinity' of the rule of law, human rights, and democracy needs to be re-examined. Erosions and attacks concern all three principles, and also institutions that embody them such as the International Criminal Court and the regional human rights courts. However, constitutional fragments in the international legal order (in its interplay with domestic law) appear to be resilient, in the context of ongoing, though slowed-down globalisation. We perceive islands of constitutionalism and an ongoing constitutionalisation in international law such as the recent reform of the working methods of Security Council in the direction of transparency (with an obligation to give reasons for the exercise of the veto). The paper argues that global constitutionalism can and must be updated and adapted by addressing its colonial legacy and its Eurocentrism. It must accommodate cultural pluralism while insisting on a bottom line of universal values that should not be undercut. Global constitutionalism must also avoid double standards while properly distinguishing situations in law and fact. Finally, global constitutionalism needs to become more social by incorporating transnational social rights, strengthening investor obligations, further operationalising the international legal principle of transboundary solidarity, and acknowledging the nexus between the rule of law and development.
Author: Anne Peters Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In the context of a power shift away from the Western world, disenchantment with globalisation, and the rise of post-colonialist and post-humanist thinking, global constitutionalism is under pressure. The factual acceptance and normative appeal of the constitutionalist 'trinity' of the rule of law, human rights, and democracy needs to be re-examined. Erosions and attacks concern all three principles, and also institutions that embody them such as the International Criminal Court and the regional human rights courts. However, constitutional fragments in the international legal order (in its interplay with domestic law) appear to be resilient, in the context of ongoing, though slowed-down globalisation. We perceive islands of constitutionalism and an ongoing constitutionalisation in international law such as the recent reform of the working methods of Security Council in the direction of transparency (with an obligation to give reasons for the exercise of the veto). The paper argues that global constitutionalism can and must be updated and adapted by addressing its colonial legacy and its Eurocentrism. It must accommodate cultural pluralism while insisting on a bottom line of universal values that should not be undercut. Global constitutionalism must also avoid double standards while properly distinguishing situations in law and fact. Finally, global constitutionalism needs to become more social by incorporating transnational social rights, strengthening investor obligations, further operationalising the international legal principle of transboundary solidarity, and acknowledging the nexus between the rule of law and development.
Author: Andrea Bianchi Publisher: Cambridge University Press ISBN: 1107470242 Category : Law Languages : en Pages : 641
Book Description
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Author: Anne Peters Publisher: Cambridge University Press ISBN: 1107164303 Category : Law Languages : en Pages : 645
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.
Author: Heike Krieger Publisher: Oxford University Press, USA ISBN: 0198869908 Category : Law Languages : en Pages : 433
Book Description
This book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law. Looking at current tendancies towards proceduralisation and more proactive risk management, it reveals the promises and limits of due diligence as a concept for enhancing accountability and compliance.
Author: Jan Klabbers Publisher: OUP Oxford ISBN: 0191615919 Category : Law Languages : en Pages : 414
Book Description
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Author: Publisher: Martinus Nijhoff Publishers ISBN: 9004261656 Category : Law Languages : fr Pages : 778
Book Description
This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
Author: Anne Peters Publisher: Martinus Nijhoff Publishers ISBN: 9004251634 Category : Law Languages : en Pages : 378
Book Description
The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
Author: Arnulf Becker Lorca Publisher: Cambridge University Press ISBN: 1316194051 Category : Law Languages : en Pages : 421
Book Description
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.
Author: Jean d'Aspremont Publisher: Cambridge University Press ISBN: 1108138683 Category : Law Languages : en Pages : 471
Book Description
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.
Author: Anne Peters
Author: Anne Peters
Author: Andrea Bianchi
Author: Anne Peters
Author: Heike Krieger
Author: Jan Klabbers
Author: 
Author: Anne Peters
Author: Arnulf Becker Lorca
Author: Jean d'Aspremont
Author: Mary Ellen O'Connell