International Law Power Security and Justice

Author: Serge Sur
Publisher: Bloomsbury Publishing
ISBN: 9781847316080
Release Date: 2010-10-05
Genre: Law

These collected essays deal with the evolutions and immutabilities of international society and international law during the last 25 years, a period during which these fields of study have undergone many changes. The starting point is that far from operating at different levels or being in conflict, international law and politics are closely intertwined. The book addresses the many different aspects of international law: the role and concept of the State, and the position of States in the international system; the bases, principles and evolution of public international law; questions of international security that still govern international relations; classic and current systems of peace and security maintenance; the standing, role and actions of the UN Security Council; arms control and limitation of armaments; unilateral uses of armed force and the legality of war; and humanitarian law and international criminal justice. The perspective of these essays is not a theoretical or dogmatic vision of international law and politics; rather they are based upon the practices of States in the international arena, and the ways in which the guiding legal rules are elaborated and implemented. These texts have been selected from Professor Sur's various books and numerous articles on international law and relations.

International Law and Power

Author: Kaiyan Homi Kaikobad
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004175877
Release Date: 2009
Genre: Political Science

Undoubtedly one of the paragons of public international law in contemporary times, Colin Warbrick is truly held in high esteem by his peers at home and abroad. His breadth of knowledge is reflected in a large number of scholarly works and in his appointment as a Specialist Adviser to the Select Committee on the Constitution of the House of Lords and as a consultant to both the Council of Europe and OSCE. This "festschrift" celebrates on his retirement as Barber Professor of Jurisprudence at Birmingham University, his extraordinary talent and academic career by bringing together a group of eminent judges, practitioners and academics to write on international human rights, international criminal justice and international order and security, fields in which Professor Warbrick has left an indelible mark.

Theory of International Law

Author: Robert Kolb
Publisher: Bloomsbury Publishing
ISBN: 9781782258834
Release Date: 2016-10-20
Genre: Law

This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.

Research Handbook on the Theory and Practice of International Lawmaking

Author: Catherine Brölmann
Publisher: Edward Elgar Publishing
ISBN: 9781781953228
Release Date: 2016-04-29
Genre: Law

The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.

International Law

Author: Malcolm N. Shaw
Publisher: Cambridge University Press
ISBN: 1139438646
Release Date: 2003-09-25
Genre: Law

This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.

Power and Justice in International Relations

Author: Dr Andreas Oberprantacher
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409499381
Release Date: 2013-03-28
Genre: Political Science

Outstanding and thought-provoking, this book provides up-to-date and in-depth analyses of current developments in international politics. It highlights the (unilateral) use of force in international relations and its implication for international law, the chances and risks of international criminal justice, and the question of epistemic violence with regard to dominant discourses in the theory of international relations, such as nation-building and intercultural dialogue. Furthermore, the book focuses on conditions for global social and ecological justice in international economics against the background of financial crisis. It contributes in particular to a better understanding of the relation between power and justice in view of current global tensions while reflecting the work of the internationally acclaimed philosopher Hans Köchler.

Politics of International Law and International Justice

Author: Edwin Egede
Publisher: Edinburgh University Press
ISBN: 9780748684526
Release Date: 2013-08-20
Genre: Political Science

A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati

The Politics of International Law

Author: Martti Koskenniemi
Publisher: Bloomsbury Publishing
ISBN: 9781847317766
Release Date: 2011-06-10
Genre: Law

Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

Review of the Security Council by Member States

Author: Erika De Wet
Publisher: Intersentia nv
ISBN: 9789050953078
Release Date: 2003
Genre: Law

Recent resolutions of the United Nations Security Council, notably those resulting in the freezing of assets of individuals and organisations suspected of involvement in international terrorism, have had far-reaching consequences for member states and individuals. In addition, they might conflict with international human rights standards that are binding on the Security Council itself. In light of the limited possibility for reviewing the legality of these resolutions on the international level, individuals have recently begun to challenge their implementation on the national and regional level. This emerging practice raises the question whether states and regional organisations such as the EU can engage in such review and, if so, to what extent.

International Law and Changing Perceptions of Security

Author: Jonas Ebbesson
Publisher: Hotei Publishing
ISBN: 9789004274587
Release Date: 2014-10-21
Genre: Law

In International Law and Changing Perceptions of Security the contributors debate how changing concepts and conceptions of security have affected fields such as the use of force, law of the sea, human rights, international environmental law and international humanitarian law.

EU Security and Justice Law

Author: Diego Acosta Arcarazo
Publisher: Bloomsbury Publishing
ISBN: 9781782252641
Release Date: 2014-02-17
Genre: Law

The coming into force of the Lisbon Treaty has provided the EU with new powers in the fields of criminal law and security law while reinforcing existing powers in immigration and asylum law. The Stockholm Programme is the latest framework for EU action in the field of justice and home affairs. It includes a range of new legislation in the fields of immigration and asylum, substantive criminal law, criminal procedure and co-operation between national criminal justice systems. The combination of the new treaty and programme have made security and justice key areas of legislative growth in the EU. This volume brings together a range of leading scholars, as well as some of the most interesting new voices in the debate, to examine the state of EU security and justice law after the Lisbon Treaty and the Stockholm Programme. It provides a critical examination of EU law in the fields of immigration, asylum, counter-terrorism, citizenship, fundamental rights and external relations. The book also examines the evolving roles of the EU institutions and criminal justice agencies. It provides a critical account of EU law in this field under the developing constitutional and institutional settlement.

Procedures in International Law

Author: Gernot Biehler
Publisher: Springer Science & Business Media
ISBN: 9783540744979
Release Date: 2008-09-12
Genre: Law

The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.

The United Nations System

Author: N. D. White
Publisher: Lynne Rienner Publishers
ISBN: 1588260704
Release Date: 2002-01-01
Genre: Political Science

To what extent does the United Nations system work? This comprehensive survey of the world's most important family of international organizations examines the UN's structure and powers, and considers whether it is achieving what it set out to do.

International Law US Power

Author: Shirley V. Scott
Publisher: Cambridge University Press
ISBN: 9781107379299
Release Date: 2012-03-22
Genre: Law

Observers of the USA's attitude towards international law seem to be perpetually taken aback by its actions, whether those relate to the use of force, the International Criminal Court or human rights. This book sets out to articulate the considerable degree of continuity in the nature of US engagement with international law. International Law, US Power explains that the USA has throughout its history pursued a quest for defensive and offensive legal security and that this was a key ingredient in the rise of the USA. Although skilful strategic involvement with international law was an ingredient in the USA 'winning' the Cold War, the rise of China and the growing negotiating strength of leading developing countries mean that the USA is likely to find it increasingly difficult to use the same set of techniques in the future.