San Diego International Law Journal PDF Download

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Category : International law
Languages : en
Pages : 936

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Author: Vincent Chetail
Publisher: BRILL
ISBN: 9004194649
Category : Law
Languages : en
Pages : 461

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Book Description
No other scholar has so deeply influenced the development of international law or shaped the doctrinal debates as Vattel. More than 250 years after its publication, his Law of Nations has remained the most frequently quoted treatise of international law. Vattel's International Law from a XXIst Century Perspective explores the reasons behind the extraordinary authority of Vattel and analyses its continuing relevance for thinking and understanding contemporary international law. It gathers the contributions from well-known experts of international law and history for the purpose of evaluating the Law of Nations from a XXIst century perspective. The multiple facets of Vattel’s thinking are apprehended through a wide-ranging and comprehensive analysis respectively devoted to the international system, the sources of international law, the subjects of international law, the law of peace, and the law of war.

Author: Sam Selvadurai
Publisher: Cambridge University Press
ISBN: 1316511987
Category : Law
Languages : en
Pages : 375

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An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.

Author: Deborah E. Bouchoux
Publisher: Aspen Publishing
ISBN: 1543846874
Category : Law
Languages : en
Pages : 811

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Book Description
Legal Research and Writing for Paralegals emphasizes the skills and issues that paralegals encounter in practice. Thoroughly up to date, the Tenth Edition continues to combine clear text with visual aids, writing samples, tips, and pointers. Designed specifically for paralegal students, Deborah Bouchoux's classroom-tested approach teaches cutting-edge research skills, writing style, and proper citation form to equip students with an essential skill set and well-founded confidence. The author's logical and comprehensive approach enhances students' understanding. Part I covers Primary Authorities, Part II discusses Secondary Authorities, and Part III covers the basics of Legal Writing. In addition, Bouchoux integrates writing strategies into each research chapter to demonstrate the link between the two processes. The text thoroughly explains proper citation form and updating/validating legal authorities. The Legal Writing section includes samples of legal writing, such as letters, a court brief, and a legal memorandum. New to the Tenth Edition: Significant focus on newer technologies available to legal researchers such as Lexis+ Brief Analysis, Westlaw Edge's Quick Check, and more. Coverage of the use of analytics tools now used by legal professionals, such as Lexis+ Context. An entirely new section in Chapter 11 on the use of artificial intelligence (AI) in legal research. Expanded section on techniques to achieve gender-inclusive language. A new section in Chapter 15 on using tech tools such as ProWritingAid, BriefCatch, WordRake, NoRedInk, and Cooley GO to improve writing. A new section on texting and confidentiality issues in Chapter 16. A completely revamped and expanded discussion on e-memos in Chapter 17. Revised throughout with new ethics alerts and updated figures. All new Research Questions and Internet Legal Research Assignments included in each chapter. Professors and students will benefit from: Clear pedagogy designed to enhance the accessibility of the material. Targeted and ample exercises help students learn how to use a wide range of research sources. Charts and practice tips, updated for this edition, help students apply what they have learned. Thorough coverage of electronic research with chapters on both Internet research and fee-based services.

Author: Math Noortmann
Publisher: Bloomsbury Publishing
ISBN: 150990185X
Category : Law
Languages : en
Pages : 422

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Book Description
The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.

Author: Sarah Williams
Publisher: Bloomsbury Publishing
ISBN: 1847319246
Category : Law
Languages : en
Pages : 520

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Book Description
In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice.

Author: Kendall Stiles
Publisher: Routledge
ISBN: 1317652959
Category : Political Science
Languages : en
Pages : 309

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Book Description
Do countries keep their promises to the international community? When they sign treaties or learn about new expectations, do they take them seriously and implement them? Since we already know intuitively that not all countries do, the next question – and the topic of this book – is: who complies? By considering a wide range of different rules – each precise enough to allow one to measure state compliance – and a variety of methods, we hope to answer this question once and for all. Including a systematic analysis of 8 different countries selected for the variety of regime type, international engagement and economic development they represent, the work caps a five-year research program and represents the culmination of twenty years’ worth of work in the disciplines of international relations and international law on legalization and compliance. Stiles highlights the importance of systematic study of compliance in order to move further towards solving truly global issues, such as terrorism, human trafficking, air pollution and collective goods provision. With international laws generally designed to improve the human condition and current levels of compliance inconsistent at best, it is vital to gain a better understanding of who complies and why. This detailed study will be of interest to students of Politics, International Law and International Relations.

Author: Gina Heathcote
Publisher: Routledge
ISBN: 1136628002
Category : Law
Languages : en
Pages : 308

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Book Description
The book presents the international laws on the use of force whilst demonstrating the unique insight a feminist analysis offers this central area of international law. The book highlights key conceptual barriers to the enhanced application of the law of the use of force, and develops international feminist method through rigorous engagement with the key writers in the field The book looks at the key aspects of the UN Charter relevant to the use of force – Article 2(4), Article 51 and Chapter VII powers – as well as engaging with contemporary debates on the possibility of justified force to meet self-determination or humanitarian goals. The text also discusses the arguments in favour of the use of pre-emptive force and reflects on the role feminist legal theories can play in exposing the inconsistencies of contemporary arguments for justified force under the banner of the war on terror. Throughout the text state practice and institutional documentation are analysed, alongside key instances of the use of force. The book makes a genuine, urgently needed contribution to a central area of international law, demonstrating the capacity of feminist legal theories to enlarge our understanding of key international legal dilemmas.

Author: Michael L. Perlin
Publisher: Oxford University Press
ISBN: 019987512X
Category : Psychology
Languages : en
Pages : 352

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Book Description
Society is largely blind-often willfully blind-to the ongoing violations of international human rights law when it comes to the treatment of persons with mental disabilities. Despite a robust set of international law principles, standards and doctrines, and the recent ratification of the United Nations' Convention on the Rights of Persons with Disabilities, people with mental disabilities continue to live in some of the harshest conditions that exist in any society. These conditions are the product of neglect, lack of legal protection against improper and abusive treatment, and social attitudes that demean, trivialize and ignore the humanity of persons with disabilities. International Human Rights and Mental Disability Law: When the Silenced are Heard draws attention to these issues in order to shed light on deplorable conditions that governments continue to ignore, and to invigorate the debate on a social policy issue that remains a low priority for most of the world's nations. Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems. Using examples from Western and Eastern Europe, South America, Africa and Asia, Perlin examines and summarizes the growing field of international mental health law, arguing that governmental inaction demeans human dignity, denies personal autonomy, and disregards the most authoritative and comprehensive prescription of human rights obligations. As Perlin argues, these issues pertain to all citizens of the world who value human rights and who care about how we treat those of us who may be most vulnerable. International Human Rights and Mental Disability Law is an indispensable resource for scholars, policymakers, governmental officials, and mental health professionals who care about the treatment of those with disabilities, and to human rights advocates and activists worldwide.

Author: Emanuela Piccolo Koskimies
Publisher: Springer Nature
ISBN: 3030859347
Category : Political Science
Languages : en
Pages : 163

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Book Description
Grappling specifically with the norm of sovereignty as responsibility, the book seeks to advance a critical constructivist understanding of norm development in international society, as opposed to the conventional – or liberal – constructivist (mis)understanding that still dominates the debate. Against this backdrop, the book delves into the institutionalization of sovereignty as responsibility within the lived practice of the International Criminal Court (ICC). More to the point, the proposed exploration intends to revive questions about the power-laden nature of the normative fabric of international society, its dis-symmetries, and its outright hierarchies, in order to devise an original framework to operationalize research on how – institutional – practice impinges on norm development. To this end, the book resorts to an original creole vocabulary, which combines the contributions of post-positivist constructivist scholars with the legacy of key post-modernist thinkers such as Michel Foucault and Jacques Derrida, as well as critical approaches to International (Criminal) Law and Post-Colonial Studies. The book will appeal to scholars of international relations and international law, in addition to critical scholars more broadly, as well as to practitioners in the fields of human rights and international justice interested in normative theory and the implementation and contestation of international social norms.