Select Proceedings of the European Society of International Law, Volume 4, 2012 PDF Download

Author: Mariano J Aznar
Publisher: Bloomsbury Publishing
ISBN: 1782253440
Category : Law
Languages : en
Pages : 662

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Book Description
This is the fourth in the Series of Select Proceedings of the European Society of International Law (ESIL) featuring the most important and interesting papers presented at the Fifth Biennial Conference on 'Regionalism and International Law', organised by ESIL and the University of Valencia in 2012. As usual, the best papers from that conference have been re-written, edited and drawn together by the two editors to present a perspective on what is a flourishing forum for the discussion of new ideas and scholarship on international law.

Author: Jean D'Aspremont
Publisher: Oxford University Press
ISBN: 0198899416
Category : Law
Languages : en
Pages : 353

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Book Description
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.

Author: James Crawford
Publisher: Bloomsbury Publishing
ISBN: 1847318762
Category : Law
Languages : en
Pages : 460

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Book Description
This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Fourth Biennial Conference organised by ESIL and the University of Cambridge in 2010. The title of the conference was 'International Law 1989-2010: A Performance Appraisal'. The highlights, selected for publication in this volume, cover a wide spectrum of topics in international law.

Author: Olivier Corten
Publisher: Bloomsbury Publishing
ISBN: 1509949003
Category : Law
Languages : en
Pages : 790

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Book Description
Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Author: Mateja Steinbrück Platise
Publisher: Cambridge University Press
ISBN: 1108615147
Category : Law
Languages : en
Pages : 719

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Book Description
The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.

Author: Christy Constantakopoulou
Publisher: Oxford University Press
ISBN: 0191091170
Category : Literary Collections
Languages : en
Pages : 313

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Book Description
The third century BC was a particularly troubled period of ancient Greek history, when the Aegean sea became the main stage for power struggles between various royal circles and dynasties, including the Antigonids and the Ptolemies. This volume addresses the history of interaction in the Aegean world during this time by focusing on the island of Delos, which housed one of its most important regional sanctuaries. It draws on contemporary network theory and approaches to regionalism, as well as thorough investigation of the Delian epigraphic and material evidence, to explore how and to what degree the islands of the southern Aegean formed active networks of political, religious, and cultural interaction. Four case studies examine different types of networks on and around Delos, covering the federal organisation of islands into the so-called 'Islanders' League', the participation of Delian and other agents in the processes of monumentalisation of the Delian landscape, the network of honours of the Delian community, and the social dynamics of dedication through the record of dedicants in the Delian inventories. They reveal not only that these kinds of regional interaction in the southern Aegean were pervasive, but also that they had a significant impact on the creation of a regional identity; one that persisted despite the political changes of the age.

Author: Lorand Bartels
Publisher: Oxford University Press
ISBN: 0192506358
Category : Law
Languages : en
Pages : 551

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Book Description
Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.

Author: August Reinisch
Publisher: Bloomsbury Publishing
ISBN: 1509908145
Category : Law
Languages : en
Pages : 555

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Book Description
The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and...', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways.

Author: Miodrag A. Jovanović
Publisher: Cambridge University Press
ISBN: 1108473334
Category : Law
Languages : en
Pages : 287

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Book Description
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

Author: Eleni Methymaki
Publisher: Oxford University Press
ISBN: 0192679171
Category : Law
Languages : en
Pages : 465

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Book Description
The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.