International Law between Universalism and Fragmentation
Title | International Law between Universalism and Fragmentation PDF eBook |
Author | Isabelle Buffard |
Publisher | BRILL |
Pages | 1131 |
Release | 2009-02-28 |
Genre | Law |
ISBN | 9047440331 |
This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.
Concepts for International Law
Title | Concepts for International Law PDF eBook |
Author | Jean d’Aspremont |
Publisher | Edward Elgar Publishing |
Pages | 960 |
Release | 2018 |
Genre | Law |
ISBN | 1783474688 |
Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
Fragmentation of International Law
Title | Fragmentation of International Law PDF eBook |
Author | |
Publisher | |
Pages | |
Release | 2006 |
Genre | |
ISBN |
Fragmentation vs the Constitutionalisation of International Law
Title | Fragmentation vs the Constitutionalisation of International Law PDF eBook |
Author | Andrzej Jakubowski |
Publisher | Routledge |
Pages | 340 |
Release | 2016-07-01 |
Genre | Law |
ISBN | 1317312279 |
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
A Farewell to Fragmentation
Title | A Farewell to Fragmentation PDF eBook |
Author | Mads Andenas |
Publisher | Cambridge University Press |
Pages | 605 |
Release | 2015-10-09 |
Genre | Law |
ISBN | 1316368610 |
Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.
Fragmentation of International Law
Title | Fragmentation of International Law PDF eBook |
Author | United Nations. International Law Commission |
Publisher | |
Pages | 306 |
Release | 2007 |
Genre | Conflict of laws |
ISBN | 9789521023378 |
Fragmentation in International Human Rights Law
Title | Fragmentation in International Human Rights Law PDF eBook |
Author | Marjan Ajevski |
Publisher | Routledge |
Pages | 167 |
Release | 2017-07-14 |
Genre | Law |
ISBN | 1317442938 |
This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.