The Changing Practices of International Law

The Changing Practices of International Law
Title The Changing Practices of International Law PDF eBook
Author Tanja Aalberts
Publisher Cambridge University Press
Pages 273
Release 2018-04-05
Genre Law
ISBN 1108425976

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Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.

The Changing Practices of International Law

The Changing Practices of International Law
Title The Changing Practices of International Law PDF eBook
Author Tanja Aalberts
Publisher Cambridge University Press
Pages 273
Release 2018-04-05
Genre Law
ISBN 1108588158

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With more than 158,000 treaties and some 125 judicial organisations, international law has become an inescapable factor in world politics since the Second World War. In recent years, however, international law has also been increasingly challenged as states are voicing concerns that it is producing unintended effects and accuse international courts of judicial activism. This book provides an important corrective to existing theories of international law by focusing on how states respond to increased legalisation and rely on legal expertise to manoeuvre within and against international law. Through a number of case studies, covering a wide range of topical issues such as surveillance, environmental regulation, migration and foreign investments, the book argues that the expansion and increased institutionalisation of international law itself have created the structural premise for this type of politics of international law. More international law paradoxically increases states' political room of manoeuvre in world society.

International Law

International Law
Title International Law PDF eBook
Author Jens Ohlin
Publisher Foundation Press
Pages 891
Release 2018-03-07
Genre
ISBN 9781634605953

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International Law: Evolving Doctrine and Practice offers a flexible arrangement of materials for the teaching of an introductory course in international law. The inspiration for the book's editorial approach is the recognition that each professor comes to the study of international law from a variety of normative, critical, or interdisciplinary perspectives, and that the materials should be flexible enough to accommodate all comers. With this goal of pedagogical ecumenism in mind, the chapters present a variety of critical approaches to international law without letting one particular view dominate, though taken together the materials highlight the evolving nature of international legal doctrine and those areas where its legal norms remain contested or controversial. Sprinkled through each chapter are short Problem Cases--less than a page in length--that give students the opportunity to apply the doctrine to a unique fact pattern. The Problem Cases are presented in modular text boxes that can form the basis for rich classroom discussions or simply reserved for background reading at home, whichever the professor wishes. In addition to the typical array of chapters on sources and subjects of international law, human rights, International Humanitarian Law, International Criminal Law, the use of force, and humanitarian intervention, the book also includes chapters on international economic law and environmental law, including a consideration of the challenge posed by climate change.

Change and Stability in International Law-Making

Change and Stability in International Law-Making
Title Change and Stability in International Law-Making PDF eBook
Author Antonio Cassese
Publisher Walter de Gruyter
Pages 225
Release 2010-10-13
Genre Law
ISBN 3110892677

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Change and Stability in International Law-Making.

Chance, Order, Change: The Course of International Law, General Course on Public International Law

Chance, Order, Change: The Course of International Law, General Course on Public International Law
Title Chance, Order, Change: The Course of International Law, General Course on Public International Law PDF eBook
Author James Crawford
Publisher BRILL
Pages 537
Release 2014-04-29
Genre Law
ISBN 900426809X

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Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called? In what respects is it systematic? Does it — can it — respect the rule of law? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.

The International Law on Foreign Investment

The International Law on Foreign Investment
Title The International Law on Foreign Investment PDF eBook
Author M. Sornarajah
Publisher Cambridge University Press
Pages 555
Release 2010-05-06
Genre Law
ISBN 0521763274

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This book is a thought-provoking and authoritative text on this fast moving field of international law.

Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change
Title Customary International Law in Times of Fundamental Change PDF eBook
Author Michael P. Scharf
Publisher Cambridge University Press
Pages 241
Release 2013-05-31
Genre Law
ISBN 1107276764

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This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.