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Is International Law Even Law?

Is International Law Even Law? PDF Author: Leah L. Carmichael
Publisher: Rowman & Littlefield
ISBN: 1793628726
Category : Political Science
Languages : en
Pages : 241

Book Description
International law is so fundamentally distinct from domestic law that some even question whether it is the law at all. Unlike domestic law, in which the state can create, enforce, and interpret the laws, there is no higher authority above states in international law. As a result, states serve as both creators, enforcers, and adjudicators of international law and are subject to it. Most confoundingly, even though there is no higher authority than states in the international system, states tend to comply with international law most of the time. Further, when they do violation international law, they go to great lengths to defend their actions as within compliance with the law. To understand when and why states treat international “law” as the law in our international system, one must understand both the components of a sound legal argument and the political motivations shaping how laws are created, when they are followed, and when they are ignored.

Is International Law Even Law?

Is International Law Even Law? PDF Author: Leah L. Carmichael
Publisher: Rowman & Littlefield
ISBN: 1793628726
Category : Political Science
Languages : en
Pages : 241

Book Description
International law is so fundamentally distinct from domestic law that some even question whether it is the law at all. Unlike domestic law, in which the state can create, enforce, and interpret the laws, there is no higher authority above states in international law. As a result, states serve as both creators, enforcers, and adjudicators of international law and are subject to it. Most confoundingly, even though there is no higher authority than states in the international system, states tend to comply with international law most of the time. Further, when they do violation international law, they go to great lengths to defend their actions as within compliance with the law. To understand when and why states treat international “law” as the law in our international system, one must understand both the components of a sound legal argument and the political motivations shaping how laws are created, when they are followed, and when they are ignored.

The United States and International Law

The United States and International Law PDF Author: Lucrecia García Iommi
Publisher: University of Michigan Press
ISBN: 0472055410
Category : Law
Languages : en
Pages : 365

Book Description
Why U.S. support for international law is so inconsistent

The Law of Nations

The Law of Nations PDF Author: Emer de Vattel
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668

Book Description


How to Do Things with International Law

How to Do Things with International Law PDF Author: Ian Hurd
Publisher: Princeton University Press
ISBN: 0691196508
Category : Law
Languages : en
Pages : 200

Book Description
A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

The Making of International Law

The Making of International Law PDF Author: Alan Boyle
Publisher: OUP Oxford
ISBN: 0191021768
Category : Law
Languages : en
Pages : 368

Book Description
This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

The Thin Justice of International Law

The Thin Justice of International Law PDF Author: Steven R. Ratner
Publisher: Oxford University Press, USA
ISBN: 0198704046
Category : Law
Languages : en
Pages : 497

Book Description
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 Power and Purpose of International Law

The Power and Purpose of International Law PDF Author: Mary Ellen O'Connell
Publisher: Oxford University Press
ISBN: 0199831025
Category : Law
Languages : en
Pages : 406

Book Description
The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

The Cambridge Companion to International Law

The Cambridge Companion to International Law PDF Author: James Crawford
Publisher: Cambridge University Press
ISBN: 0521190886
Category : Law
Languages : en
Pages : 485

Book Description
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.

Beyond Human Rights

Beyond Human Rights PDF 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.

International Law: A Very Short Introduction

International Law: A Very Short Introduction PDF Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191576204
Category : Law
Languages : en
Pages : 145

Book Description
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.