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Hierarchy in International Law

Author : Erika De Wet
Publisher : Oxford University Press
Page : 365 pages
File Size : 26,29 MB
Release : 2012-03
Category : Law
ISBN : 0199647070

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The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.

The Oxford Handbook on the Sources of International Law

Author : Samantha Besson
Publisher : Oxford University Press
Page : 1233 pages
File Size : 13,71 MB
Release : 2017
Category : Law
ISBN : 0198745362

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This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.

Hierarchy in International Relations

Author : David A. Lake
Publisher : Cornell University Press
Page : 247 pages
File Size : 27,73 MB
Release : 2011-08-15
Category : Political Science
ISBN : 0801457696

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International relations are generally understood as a realm of anarchy in which countries lack any superior authority and interact within a Hobbesian state of nature. In Hierarchy in International Relations, David A. Lake challenges this traditional view, demonstrating that states exercise authority over one another in international hierarchies that vary historically but are still pervasive today. Revisiting the concepts of authority and sovereignty, Lake offers a novel view of international relations in which states form social contracts that bind both dominant and subordinate members. The resulting hierarchies have significant effects on the foreign policies of states as well as patterns of international conflict and cooperation. Focusing largely on U.S.-led hierarchies in the contemporary world, Lake provides a compelling account of the origins, functions, and limits of political order in the modern international system. The book is a model of clarity in theory, research design, and the use of evidence. Motivated by concerns about the declining international legitimacy of the United States following the Iraq War, Hierarchy in International Relations offers a powerful analytic perspective that has important implications for understanding America's position in the world in the years ahead.

Hierarchy in International Law

Author : Ian D. Seiderman
Publisher : Intersentia nv
Page : 1 pages
File Size : 28,74 MB
Release : 2001
Category : Customary law, International
ISBN : 9050951651

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3.1 Custom and "Soft Law"

Is International Law International?

Author : Anthea Roberts
Publisher : Oxford University Press
Page : 433 pages
File Size : 21,73 MB
Release : 2017
Category : Law
ISBN : 0190696419

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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

International Institutional Law

Author : Henry G. Schermers
Publisher : BRILL
Page : 1309 pages
File Size : 10,88 MB
Release : 2011-09-05
Category : Law
ISBN : 9004187979

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This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.

United States Hegemony and the Foundations of International Law

Author : Michael Byers
Publisher : Cambridge University Press
Page : 551 pages
File Size : 50,6 MB
Release : 2003-05-29
Category : Law
ISBN : 1139436635

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Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.

Peremptory Norms of General International Law (Jus Cogens)

Author : Dire Tladi
Publisher : BRILL
Page : 806 pages
File Size : 19,80 MB
Release : 2021-08-16
Category : Law
ISBN : 9004464123

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Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

Conflict of Norms in Public International Law

Author : Joost Pauwelyn
Publisher : Cambridge University Press
Page : 557 pages
File Size : 27,31 MB
Release : 2003-07-31
Category : Law
ISBN : 1139436902

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One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

The Law and Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 1441 pages
File Size : 30,58 MB
Release : 2015
Category : Law
ISBN : 0198705166

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The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.