[PDF] State Legitimacy And Failure In International Law eBook

Author : Mario Silva
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 16,99 MB
Release : 2014-02-06
Category : Law
ISBN : 9004268847

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Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community

Author : Rüdiger Wolfrum
Publisher : Springer Science & Business Media
Page : 423 pages
File Size : 23,17 MB
Release : 2008-02-26
Category : Law
ISBN : 3540777644

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There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Author : Jorge L. Esquirol
Publisher :
Page : 283 pages
File Size : 20,9 MB
Release : 2019
Category : Comparative law
ISBN : 9781316630921

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Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.

Author : David Lefkowitz
Publisher : Cambridge University Press
Page : 289 pages
File Size : 14,8 MB
Release : 2020-10-29
Category : Law
ISBN : 1107138779

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Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.

Author : Samantha Besson
Publisher : Oxford University Press
Page : 626 pages
File Size : 24,55 MB
Release : 2010-04
Category : Law
ISBN : 0199208581

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This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

Author : André Nollkaemper
Publisher :
Page : 769 pages
File Size : 37,46 MB
Release : 2018
Category : Law
ISBN : 0198739745

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The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Author : Roman Kwiecien
Publisher :
Page : 35 pages
File Size : 33,76 MB
Release : 2014
Category :
ISBN :

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This article explores the issue of sovereignty of States in the context of legitimacy of international law. Sovereign statehood is today increasingly challenged. The article examines if an essential incompatibility exists between international law conceived as a true, that is, legitimized, system of law and State sovereignty. To this end, it seems necessary to determine a meaning and importance of sovereignty in and for international law. The article seeks to argue that the idea of State sovereignty, deprived of orthodox positivistic justification, can still perform an important cognitive function in international law. In a world in which non-State actors suffer from a "democratic deficit", democratic accountability and responsibility remains concentrated in States. States are, therefore, still the main source of legitimacy of political decisions. It is sovereign States that are the legal subjects assuring the public underpinnings within the international legal order. Consequently, there is no contradiction between the sovereign status of States in international society, and international law conceived as a legitimized legal order.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 145 pages
File Size : 12,26 MB
Release : 2015-11-26
Category : Law
ISBN : 0191576204

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Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : Nienke Grossman
Publisher : Cambridge University Press
Page : 397 pages
File Size : 16,39 MB
Release : 2018-02-22
Category : Law
ISBN : 1108540228

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One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Author : Neyire Akpinarli
Publisher : BRILL
Page : 284 pages
File Size : 24,68 MB
Release : 2010
Category : Law
ISBN : 9004178120

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The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.