Non-Legality in International Law

Non-Legality in International Law
Title Non-Legality in International Law PDF eBook
Author Fleur Johns
Publisher Cambridge University Press
Pages 281
Release 2013-01-03
Genre Law
ISBN 1107014018

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Shows how international lawyers make non-law (extra-legal, illegal and other non-legal phenomena) and why this matters in global politics today.

Detention by Non-State Armed Groups under International Law

Detention by Non-State Armed Groups under International Law
Title Detention by Non-State Armed Groups under International Law PDF eBook
Author Ezequiel Heffes
Publisher Cambridge University Press
Pages 0
Release 2024-06-13
Genre Law
ISBN 9781108797337

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During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the law applicable in armed conflict.

Legitimacy and Legality in International Law

Legitimacy and Legality in International Law
Title Legitimacy and Legality in International Law PDF eBook
Author Jutta Brunnée
Publisher Cambridge University Press
Pages
Release 2010-08-05
Genre Law
ISBN 1139491474

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It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Beyond Human Rights

Beyond Human Rights
Title Beyond Human Rights PDF eBook
Author Anne Peters
Publisher Cambridge University Press
Pages 645
Release 2016-10-27
Genre Law
ISBN 1107164303

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Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The Principle of Legality in International and Comparative Criminal Law

The Principle of Legality in International and Comparative Criminal Law
Title The Principle of Legality in International and Comparative Criminal Law PDF eBook
Author Kenneth S. Gallant
Publisher Cambridge University Press
Pages 0
Release 2010-12-23
Genre Political Science
ISBN 9780521187602

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This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

How to Do Things with International Law

How to Do Things with International Law
Title How to Do Things with International Law PDF eBook
Author Ian Hurd
Publisher Princeton University Press
Pages 200
Release 2019-08-27
Genre Law
ISBN 0691196508

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A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

Transition from Illegal Regimes under International Law

Transition from Illegal Regimes under International Law
Title Transition from Illegal Regimes under International Law PDF eBook
Author Yaël Ronen
Publisher Cambridge University Press
Pages 401
Release 2011-05-19
Genre Law
ISBN 1139496174

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Yaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.