Van Asbeck: International Society in Search of a Transnational Legal Order PDF Download

Author: H F Van Panhuys
Publisher: Martinus Nijhoff Publishers
ISBN: 9004642234
Category : Law
Languages : en
Pages : 630

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Author: Frederik Mari Asbeck (Baron van.)
Publisher: BRILL
ISBN: 9789028600164
Category : Law
Languages : en
Pages : 648

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Author: Manfred Lachs
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024733132
Category : Law
Languages : en
Pages : 272

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Author: E. Hambro
Publisher: Brill Archive
ISBN: 9789028604872
Category : Law
Languages : en
Pages : 568

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Author: Peter Hilpold
Publisher: Springer Nature
ISBN: 3030520285
Category : Law
Languages : en
Pages : 339

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Book Description
​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author: Bardo Fassbender
Publisher: BRILL
ISBN: 9047428552
Category : Business & Economics
Languages : en
Pages : 227

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The “constitutionalization” of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from “classical” international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.

Author: Ronen Palan
Publisher: Cornell University Press
ISBN: 9780801440557
Category : Business & Economics
Languages : en
Pages : 252

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Book Description
The atlas of contemporary capitalism is curious indeed. A desperately poor and civil-war-wracked nation, Liberia, is the world's shipping superpower; the Cayman Islands the fifth-largest financial center in the world; land-locked Zurich a venerable "offshore" banking center. Indeed, it is estimated that half of the global stock of money passes through tax havens. The logic of the offshore world, where millionaires and corporations roam in search of financial advantage, is slippery. It challenges many conventional assumptions about power and economics.In the single most comprehensive account of the offshore economy, Ronen Palan investigates the legal spaces, unregulated and yet maintained and supported by the state system, that have emerged for purposes of international finance, tax havens, export processing zones, flags of convenience, and e-commerce. The offshore economy had its beginnings in the late nineteenth century, saw early development after the First World War, and metastasized in the 1970s. Palan believes that a rapidly expanding offshore economy is now producing a new market in sovereignty; states have discovered that their rights to write law may be used as a commercial asset. This commercialization of sovereignty, he asserts, undermines the legitimacy of the nation-state and supports a form of nomadic capitalism.

Author: Dinah L. Shelton
Publisher: Routledge
ISBN: 1351880756
Category : Political Science
Languages : en
Pages : 614

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Book Description
The United Nations has been at the forefront of developing the international law of human rights for nearly seven decades. This volume brings together the leading research articles on the development of human rights law by the United Nations and also includes essays on issues relating to standard-setting, institutional evolution, and the creation of monitoring procedures.

Author: Michael B. Likosky
Publisher: Routledge
ISBN: 1351145266
Category : Law
Languages : en
Pages : 275

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Book Description
Michael Likosky examines the continuities and discontinuities between colonial and present-day high tech transnational legal orders. His concern is specifically with the colonial characteristics of the legal order which underpins the global high tech economy. He distinguishes the democratic and human rights rhetoric of this economy from a reality wherein the legal order is often used to reproduce colonial-type relationships. Just as in the colonial period, the expansion of trans-border commerce overlaps with democratic demands and human rights in complex, multifaceted and paradoxical ways. Through a case study looking at Malaysia's Multimedia Super Corridor, a high tech national development plan and foreign direct investment scheme, he examines how the transnational leaders of the high tech economy along with the Malaysian political elite react when human rights problems threaten to derail commercial plans.

Author: Bardo Fassbender
Publisher: BRILL
ISBN: 9004634754
Category : Business & Economics
Languages : en
Pages : 436

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Book Description
This book is a timely contribution to the present discussion of a constitutional reform of the United Nations, a discussion rekindled by the end of the cold War and the significant involvement of the UN in international peacemaking and peacekeeping since the Kuwait crisis. Like the new debate, the work focuses on the Security Council, its composition and possible enlargement, its decision-making process and competences, and its relationship with the General Assembly and the International Court of Justice. Particular regard is given to the right of veto of the permanent members of the Security Council, which is seen as the central, and most problematic, feature of the present constitution of the UN. The work describes and analyzes the reform discussion as it has taken place at the UN since 1991. The different proposals made by governments, NGOs and individual scholars are evaluated by applying a number of standards and concepts ensuing from a perception of the UN Charter as constitution of the international community. Thus, the study advances a comprehensive constitutional theory of the UN and redefines the place of the Charter in contemporary international law.