Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Advancement of International Law PDF full book. Access full book title The Advancement of International Law by Charles Leben. Download full books in PDF and EPUB format.
Author: Charles Leben Publisher: Bloomsbury Publishing ISBN: 1847316034 Category : Law Languages : en Pages : 346
Book Description
Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.
Author: Charles Leben Publisher: Bloomsbury Publishing ISBN: 1847316034 Category : Law Languages : en Pages : 346
Book Description
Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.
Author: Sir Geoffrey Gilbert Butler Publisher: The Lawbook Exchange, Ltd. ISBN: 1584772158 Category : Law Languages : en Pages : 602
Book Description
"Believing that changes in International Law have been ultimately an expression of changes in the state system of the world and in the practice of the nations, we have tried, as it were, to cut into the procession of history at fixed points, to select some central theme at each stage, and to treat it in the light of history and law. In this attempt we arrived at a division of history from our point of view into three major periods which we have termed respectively those of the Prince, of the Judge, and of the Concert. In the first period, the scholar is still in the age of the dissolving Holy Roman Empire; in the second, commercial and dynastic wars - above all, the long-drawn-out struggle between France and England - dominate the scene; in the third and last, it is the voice of some force other than that of pure nationalism which, whatever the reason, reasserts itself. No division of this kind can be wholly satisfactory, but it is our belief that under one or another of these headings almost every issue which has interest for the historian of the Law of Nations can be conveniently treated." -- from the Preface by the author.
Author: George Breckenridge Davis Publisher: ISBN: Category : Hague Peace Conference Languages : en Pages : 714
Book Description
Chapter 1, Definition & history. Chapter 2. States and their essential attributes: Chapter 3. Perfect and imperfect rights. Chapter 4. National character: Chapter 5. Extradition. Chapter 6. Private international law: Chapter 7. The right of Legation: Chapter 8. Treaties and conventions: Chapter 9. The conflict of international rights: Chapter 10. War: Chapter 11. Maritime capture: Chapter 12.Neutrality: Chapter 13. Contraband of war. Chapter 14. Blockade: Chapter 15. The right of search.
Author: John R. Rowan Publisher: ISBN: Category : Law Languages : en Pages : 260
Book Description
Selected from the papers presented at the twenty-third International Social Philosophy Conference held in July of 2006 at University of Victoria in Victoria, British Columbia --Preface.
Author: Vaughan Lowe Publisher: OUP Oxford ISBN: 0191027286 Category : Law Languages : en Pages : 328
Book Description
International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.
Author: Patrícia Galvão Teles Publisher: Brill Nijhoff ISBN: 9789004467651 Category : Law Languages : en Pages : 288
Book Description
"This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement"--
Author: Charles Leben
Author: Charles Leben
Author: Sir Geoffrey Gilbert Butler
Author: Hersch Lauterpacht
Author: George Breckenridge Davis
Author: Hersch Lauterpacht
Author: John R. Rowan
Author: Otfried Nippold
Author: Vaughan Lowe
Author: Sir Geoffrey Gilbert Butler
Author: Patrícia Galvão Teles