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The Making of International Law

Author : Alan Boyle
Publisher : OUP Oxford
Page : 368 pages
File Size : 37,14 MB
Release : 2007-02-22
Category : Law
ISBN : 0191021768

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This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

Is International Law International?

Author : Anthea Roberts
Publisher : Oxford University Press
Page : 433 pages
File Size : 18,77 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 Law and the Politics of History

Author : Anne Orford
Publisher : Cambridge University Press
Page : 395 pages
File Size : 42,44 MB
Release : 2021-08-05
Category : History
ISBN : 1108480942

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Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

Politics and International Law

Author : Leslie Johns
Publisher : Cambridge University Press
Page : 583 pages
File Size : 46,48 MB
Release : 2022-06-09
Category : Law
ISBN : 1108833705

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Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.

International Law and History

Author : Ignacio de la Rasilla
Publisher : Cambridge University Press
Page : 465 pages
File Size : 48,10 MB
Release : 2021-01-21
Category : Law
ISBN : 1108606520

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This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

International Law

Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 413 pages
File Size : 16,85 MB
Release : 2023-10-31
Category : Law
ISBN : 1009304305

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A landmark publication in the teaching of international law from one of the world's leading international lawyers. This refreshingly clear, concise textbook conveys the dynamics of international law through four questions: Where does it come from? To whom does it apply? How does it resolve conflict? What does it say?

International Law-making

Author : Rain Liivoja
Publisher : Routledge
Page : 411 pages
File Size : 15,98 MB
Release : 2014-01-10
Category : Law
ISBN : 1135116059

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This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.

Sugar and the Making of International Trade Law

Author : Michael Fakhri
Publisher : Cambridge University Press
Page : 279 pages
File Size : 34,98 MB
Release : 2014-11-27
Category : Business & Economics
ISBN : 1107040523

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Michael Fakhri uses the transnational history of sugar to tell the multilateral institutional history of trade law.