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Author: Christopher Harding Publisher: Martinus Nijhoff Publishers ISBN: 9789041112507 Category : Law Languages : en Pages : 410
Book Description
This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history. Comparisons are drawn with both global and other regional developments to test the hypothesis of a 'European international law'. The work will be of interest to teachers, students and practitioners (legal and otherwise) in the field of international law and relations.
Author: Christopher Harding Publisher: Martinus Nijhoff Publishers ISBN: 9789041112507 Category : Law Languages : en Pages : 410
Book Description
This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history. Comparisons are drawn with both global and other regional developments to test the hypothesis of a 'European international law'. The work will be of interest to teachers, students and practitioners (legal and otherwise) in the field of international law and relations.
Author: C.L. Lim Publisher: BRILL ISBN: 9004635262 Category : Law Languages : en Pages : 401
Book Description
This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history. Comparisons are drawn with both global and other regional developments to test the hypothesis of a 'European international law'. The work will be of interest to teachers, students and practitioners (legal and otherwise) in the field of international law and relations.
Author: D. Croxton Publisher: Springer ISBN: 1137333332 Category : History Languages : en Pages : 456
Book Description
This sweeping, exhaustively researched history is the first comprehensive account of the Peace of Westphalia in English. Bringing together the latest scholarship with an engaging narrative, it retraces the historical origins of the Peace, exploring its political-intellectual underpinnings and placing it in a broad global and chronological context.
Author: Derek Croxton Publisher: Greenwood ISBN: Category : History Languages : en Pages : 410
Book Description
The peace of Westphalia constituted a watershed in early modern history. It guided a number of political, territorial, and legal decisions that determined the internal politics of the Holy Roman Empire and the international landscape. This work provides an insight into the Peace of Westphalia.
Author: Sanderijn Duquet Publisher: Oxford University Press ISBN: 0192844555 Category : Law Languages : en Pages : 401
Book Description
EU Diplomatic Law provides a thorough analysis of the interactions between the European Union (EU) and international diplomatic and consular law. Over the past six decades, the EU has been granted unique powers that enable it to act prominently on the international plane, thereby developing a worldwide bilateral and multilateral diplomatic network. Much like the States, the EU sends ambassadors to all corners of the world and accredits permanent missions at its Brussels' headquarters. These developments shake the foundations of diplomatic and consular law, as these branches of international law are based on the principles of state sovereignty, non-interference, and reciprocity. Traditional conceptions of international law only allow states to perform diplomatic and consular functions, leaving little room for non-state entities such as the EU. Sanderijn Duquet addresses this fundamental problem by re-visiting the foundations of diplomatic and consular law, as well as analysing EU practice in initiating, conducting, and terminating diplomatic and consular relations. In particular, she focuses on: the scope of EU diplomatic and consular powers, especially in relationship to its member states; its application of the Vienna Conventions and customary international law; the EU's use of creative legal techniques; the diplomatic and consular protection of EU citizens; questions of protocol and precedence; and the legal status of the EU's diplomatic staff and premises abroad. By critically analysing these issues, this book assesses the specific contribution the EU makes to the shaping of diplomatic and consular law.
Author: Tarik Kochi Publisher: CRC Press ISBN: 1134015712 Category : Law Languages : en Pages : 520
Book Description
The Other's War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches – just war theory, classical realist, post-Kantian, poststructuralist – contemporary ethical, political and legal philosophy still struggles to produce a convincing account of war. Focusing on the philosophical problem of the rightness of war, The Other's War responds to this lack. Through a discussion of a number of key Western intellectual traditions, Kochi demonstrates how often conflicting and contradictory conceptions of war’s rightness have developed in modernity. He shows how a process of ordering violence around different notions of right has constantly redrawn the boundaries of what constitutes ‘legitimate’ violence. Such a process has consequences for anyone who claims to be fighting a ‘just war’. Building upon this account and drawing upon the philosophical heritage of G.W.F. Hegel and Ernst Bloch, The Other’s War proposes a new understanding of war, not just as a social condition characterised by violent conflict and struggles for power, but as the attempt of individuals and groups to realise their normative claims through violence. Kochi argues that both of these aspects of war are an expression of the metaphysics of human subjectivity. War begins with, and is the radical exaggeration of, a fundamental activity of human subjectivity, in which the subject constitutes its normative and material identity; realising and positing itself through acts that involve negation and violence. By drawing consideration of the problem of war back to the level of a philosophical examination of the metaphysics of human subjectivity, The Other's War develops a novel theory of war that helps us to better understand the nature of contemporary conflict as a process of recognition. From this perspective, judgment, it is concluded, needs to be constantly guided by the effort to recognise the ethics of the other's war.
Author: Rainer Grote Publisher: Cambridge University Press ISBN: 1139450344 Category : Law Languages : en Pages : 358
Book Description
International financial relations have become increasingly important for the development of global and national economies. At present these relations are primarily governed by market forces, with little regulatory interference at the international level. In the light of numerous financial crises, this abstinence must be seriously questioned. Starting with an analysis of the regulatory problems at the international level, with only minimal powers entrusted to international organisations, this book develops various possibilities for reform. On the basis of an historical analysis, the book first adopts a comparative approach to national attempts to regulate international financial markets, then outlines the potential of relevant institutions and finally develops a policy perspective. It seeks to provide a framework for analysing options for the regulation of international financial markets from a public international law and comparative law perspective.
Author: Christy Shucksmith Publisher: Bloomsbury Publishing ISBN: 1509908196 Category : Law Languages : en Pages : 243
Book Description
The purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisation, legal person, and humanitarian actor. It draws on the law of organisations, International Humanitarian Law, International Human Rights Law, and other relevant branches of international law in order to critically assess the mandate and practice of the ICRC on the ground. The book also draws on more abstract human-centric concepts, including sovereignty as responsibility and human security, in order to assess the development of the concept of humanity for the mandate and practice of the ICRC. Critically this book uses semi- structured interviews with ICRC delegates to test the theoretical and doctrinal conclusions. The book provides a unique insight into the work of the ICRC. It also includes a case study of the work of the ICRC in the Democratic Republic of Congo. Ultimately the book concludes that the ICRC is no longer restricted to the provision of humanitarian assistance on the battlefield. It is increasingly drawn into long-term and extremely complicated conflicts, in which, civilians, soldiers and non-State actors intermingle. In order to remain useful for the people on the ground, therefore, the ICRC is progressively developing its mandate. This book questions whether, on occasion, this could threaten its promise to remain neutral, impartial and independent. Finally, however, it should be said that this author finds that the work of the ICRC is unparalleled on the international stage and its humanitarian mandate is a vital component for those embroiled in the undertaking of and recovery from conflict.
Author: Edward James Kolla Publisher: Cambridge University Press ISBN: 1316843823 Category : History Languages : en Pages : 353
Book Description
The advent of the principle of popular sovereignty during the French Revolution inspired an unintended but momentous change in international law. Edward James Kolla explains that between 1789 and 1799, the idea that peoples ought to determine their fates in international affairs, just as they were taking power domestically in France, inspired a series of new and interconnected claims to territory. Drawing on case studies from Avignon, Belgium, the Rhineland, the Netherlands, Switzerland, and Italy, Kolla traces how French revolutionary diplomats and leaders gradually applied principles derived from new domestic political philosophy and law to the international stage. Instead of obtaining land via dynastic inheritance or conquest in war, the will of the people would now determine the title and status of territory. However, the principle of popular sovereignty also opened up new justifications for aggressive conquest, and this history foreshadowed some of the most controversial questions in international relations today.
Author: Malcolm N. Shaw Publisher: Cambridge University Press ISBN: 1107394368 Category : Law Languages : en Pages : 1664
Book Description
Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent commentary which distinguished previous editions remain, making this essential reading for all students of international law whether they be at undergraduate level, postgraduate level or professional lawyers.
Author: Christopher Harding
Author: Christopher Harding
Author: C.L. Lim
Author: D. Croxton
Author: Derek Croxton
Author: Sanderijn Duquet
Author: Tarik Kochi
Author: Rainer Grote
Author: Christy Shucksmith
Author: Edward James Kolla
Author: Malcolm N. Shaw