Understanding International Law


Author: Conway W. Henderson
Publisher: John Wiley & Sons
ISBN: 9781444318258
Category: Law
Page: 488
View: 3341

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Understanding International Law presents a comprehensive, accessible introduction to the various aspects of international law while addressing its interrelationship with world politics. Presents well-organized, balanced coverage of all aspects of international law Features an accompanying website with direct access to court cases and study and discussion questions. Visit the site at: www.wiley.com/go/internationallaw Includes discussion of the efficacy of international law, a topic unique among international law texts Offers discussion of other topics that most texts do not address, such as complete chapters on making the world safer, human rights, the environment, and the world economy

Understanding International Law, Second Edition, 2015


Author: Stephen C. McCaffrey
Publisher: LexisNexis
ISBN: 1632834286
Category: Law
Page: N.A
View: 9524

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This clearly written Understanding treatise is designed to explain what international law is, why it exists, and the basic subjects it covers. The law of treaties is given particular attention, chiefly because of the increasing importance of the treaty in international life. The number of treaties has mushroomed since the Second World War and many of these agreements include over 100 states as parties. Because of their number and the breadth of their coverage, treaties are thus the main form of international legislation. But since they are also contractual in character, and since many multilateral treaties allow states to place conditions on their acceptance of them, the law governing treaties is necessarily more complex than if they were the exact equivalent of national legislation. Understanding International Law, Second Edition also provides introductory coverage of topics of current relevance, such as terrorism, international criminal law, use and applicability of international law in United States courts, and the law governing the use of military force. The new second edition of Understanding International Law: • Surveys the ways in which law is made and functions in the international community • Covers the basic subjects of international law • Comprehensively updates all chapters of the first edition • Brings up to date the Supreme Court's treatment of international law through its decisions on the Vienna Convention on Consular Relations and the Alien Tort Statute • Discusses developments in treaty interpretation, including recent decisions supporting an evolutionary interpretation of the terms of a treaty • Updates material on the United States position on anticipatory self-defense The eBook versions of this title feature links to Lexis Advance for further legal research options.

War Law

Understanding International Law and Armed Conflict
Author: Michael Byers
Publisher: Grove/Atlantic, Inc.
ISBN: 9781555848460
Category: Law
Page: 224
View: 8567

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International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by U.S. forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike.

Understanding International Law through Moot Courts

Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect
Author: Henry F. Carey,Stacey M. Mitchell
Publisher: Lexington Books
ISBN: 073917066X
Category: Law
Page: 390
View: 6087

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Understanding International Law through Moot Courts: Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect consists of five sets of opposing legal briefs and judge’s decisions for five moot court cases held before the International Court of Justice and the International Criminal Court. Each moot court brief included in the book addresses contemporary controversies in international affairs; issues ranging from the application of the newly emerging Responsibility to Protect (R2P) doctrine, to the torture of detainees, to the derogation from international due process protections. These moot court briefs and case judgments help students formulate legal arguments that will be applicable to other similar cases. They also provide students with excellent sources of international and domestic law, as well as greater comprehension of topics ranging from jurisdictional disputes to matters of evidence. Chapter 1 of the book provides an overview of the book as well as instructions regarding the construction of a moot court. Chapter two, by George Andreopoulos discusses the interrelationship between human rights and international criminal law. Chapters 3 through 7 are the cases. The introduction to each chapter (and subsequently each case) lays out the facts of the case in question, discusses (where applicable) issues associated with the material and contextual elements of the crimes(s) in question, provides additional topics for classroom discussion, and also places the issues of contention between the parties within the broader context of foreign affairs and international relations. After each set of briefs and legal judgments is an appendix which includes an example moot court, as well as an appendix that includes a set of alterable facts that students and faculty could adopt to change the general legal argument of the particular case.

Understanding International Criminal Law


Author: Ellen S. Podgor,Roger S. Clark
Publisher: LexisNexis
ISBN: 0327189851
Category: Law
Page: N.A
View: 3885

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This Understanding treatise is divided into four parts: • The first part provides a general overview, with definitions to key terms that appear throughout the book. It covers the area of jurisdiction, as this is the starting point in determining the applicability of using international law • The second part covers selected areas of international criminal law. It is not exhaustive of all areas of international or transnational law. Choices of specific crimes to cover were made on the basis of showing a diversity of topics, new and developing areas such as computer crimes, and the older more traditional areas such as piracy. It provides materials on both violent and non-violent crimes. Areas of immediate importance, such as terrorism and narcotics trafficking, are discussed • The third part covers procedural issues. It includes constitutional issues, immunities, obtaining evidence from abroad, obtaining people from abroad, and post-conviction issues such as prisoner transfers • The final part of this treatise covers the international aspects of international criminal law. In addition to examining what constitutes an international crime, it looks at human rights issues, international tribunals, and the International Criminal Court.

Understanding International Trade Law


Author: Simone Schnitzer
Publisher: Learning Matters
ISBN: 9781846410024
Category: Law
Page: 331
View: 3366

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This valuable introduction to International Trade Law examines the interconnection and the practical relevance of the different contracts to be concluded in pursuance of a single international sale transaction. Its focus is on the sale of goods, transported by ship, road and air with the main attention given to sea transport. Important trade terms and Incoterms used in international sale contracts and common law are explained as well as highlighting essential issues of contracts of carriage and cargo insurance.

A theory of international terrorism [electronic resource]

understanding Islamic militancy
Author: L. Ali Khan
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152075
Category: Law
Page: 371
View: 9545

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Presents a study of Islamic militancy in the geopolitical contexts of Chechnya, Kashmir, Palestine, and the September 11 attacks on the United States. This book argues that the policy of no negotiations with Muslim militants is contrary to the UN Charter, and that terrorism cannot be eradicated unless the nation-state evolves into the Free State.

A Strategic Understanding of UN Economic Sanctions

International Relations, Law and Development
Author: Golnoosh Hakimdavar
Publisher: Routledge
ISBN: 1136270604
Category: Political Science
Page: 214
View: 3554

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Economic Sanctions are increasingly used as a legal, non-military technique of combating abusers of international peace. However it remains unclear how the success or failure of these sanctions is measured. This book examines the seldom-explored United Nations’ economic sanctions deliberation process and exposes systematic problems in the measurement of the success or failure of these sanctions. Centering on the key concepts of "peace and security," the author brings the reader’s attention to the discrepancies that exist in the process of decision-making, implementation, and evaluation of UN imposed economic sanctions. She engages international law and development methods to provide proof for the lack of consensus in measures of success and failure, which in turn suggests that sanction implementation on a uniform domestic front are unattainable. This thorough analysis concludes with suggestions for improving the sanctions process, only to clear the path for negating them as a whole and suggest alternative non-coercive measures for mitigating conflict situations and threats to peace and security.

Interdisciplinary Perspectives on International Law and International Relations

The State of the Art
Author: Jeffrey L. Dunoff,Mark A. Pollack
Publisher: Cambridge University Press
ISBN: 1107020743
Category: Law
Page: 680
View: 4097

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This book brings together the most influential contemporary writers in the fields of international law and international relations to take stock of what we know about the making, interpretation, and enforcement of international law. The contributions to this volume critically explore what recent interdisciplinary work reveals about the design and workings of international institutions, the various roles played by international and domestic courts, and the factors that enhance compliance with international law.

Time, History and International Law


Author: Matthew C. R. Craven,Malgosia Fitzmaurice,Maria Vogiatzi
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154817
Category: Law
Page: 251
View: 6136

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This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.

WTO Dispute Settlement Understanding and Development


Author: Mervyn Martin
Publisher: Martinus Nijhoff Publishers
ISBN: 9004227814
Category: Law
Page: 362
View: 5548

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This book examines the effectiveness of the World Trade Organisation (WTO) Dispute Settlement Understanding (DSU) in pursuing the developmental objectives of the WTO is a whole.

Understanding International Business and Financial Transactions


Author: Jerold A. Friedland
Publisher: LexisNexis
ISBN: 1630447668
Category: Law
Page: N.A
View: 683

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This concise, readable Understanding treatise provides an overview of International Business and Financial Transactions. Based on the author's many years of legal experience, teaching, and studying in countries throughout the world, it provides both law students and practitioners with a practical summary of relevant topics. This new edition also covers a wide range of topics relating to money, currency and finance in International Trade, The Rules of International Trade, United States Trade Laws, international sales, operating in foreign markets and taxation of international transactions. Understanding International Business and Financial Transactions also addresses recent developments in international business and finance particularly since the global financial crisis reached its full force in 2008. About the Author Professor Friedland specializes in the areas of international business and taxation, and he is a well-known expert on partnerships, limited liability companies, and international joint ventures. He has served as director of DePaul's Graduate Tax Law Program, worked for the chief counsel of the Internal Revenue Service, and practiced law in Denver. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Global Justice and International Economic Law

Opportunities and Prospects
Author: Chi Carmody,Frank J. Garcia,John Linarelli
Publisher: Cambridge University Press
ISBN: 1107013283
Category: Law
Page: 307
View: 5519

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"Global justice is one of the most important subjects in law and political theory today. What principles of justice might tell us about the actual practices of the WTO and other international economic institutions is of vital importance to states and their citizens. This volume reflects the results of a symposium held at Tillar House, the ASIL headquarters in Washington, DC, in November 2008 which brought together philosophers, legal scholars, and economists to discuss the problems of understanding international economic law from the standpoint of rights, justice, and economic efficiency. The book makes advances in developing the normative criterion for ecaluation and justifying the international economic legal order"--

International Law for International Relations


Author: Basak Cali
Publisher: Oxford University Press
ISBN: 0199558426
Category: Law
Page: 431
View: 4801

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The breadth of international law and institutions in contemporary global politics means it is no longer possible to make sense of international politics without understanding international law. This is the ideal text for students of international relations who have not previously studied law.

Is International Law International?


Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696435
Category: Law
Page: 304
View: 5035

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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.

The Oxford Handbook of the Use of Force in International Law


Author: Marc Weller
Publisher: OUP Oxford
ISBN: 019165390X
Category: Law
Page: 1328
View: 3700

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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

Understanding International Sport Organisations

Principles, power and possibilities
Author: Lincoln Allison,Alan Tomlinson
Publisher: Taylor & Francis
ISBN: 1317590430
Category: Political Science
Page: 244
View: 1592

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The governance of international sport is dominated by the SINGOs (sporting international non-governmental organisations). The IOC, FIFA, IAAF and the FIA wield global influence, but how exactly do such complex organisations operate? This important book examines the rise of the SINGOs, their structures, organisational behaviour and their power in the context of modern sport and international politics. Written by two world-leading experts, the book sheds new light on the relationship between these SINGOs and the sports which they govern. It provides a close critical analysis of the policies and practices of the most important international sport organisations, from their historical origins to the present day. Using case studies of key events such as the Olympics and the recent FIFA scandals, it examines the central question of how best to understand the significance of these organisations today. Combining historical insight with original research, Understanding International Sport Organisations: Principles, Power and Possibilities is essential reading for anyone with an interest in the politics of sport, the sociology of sport, sport administration, sport business or sport management.

Semiotics of International Law

Trade and Translation
Author: Evandro Menezes de Carvalho
Publisher: Springer Science & Business Media
ISBN: 9789048190119
Category: Law
Page: 220
View: 9964

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Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.

Religion and International Law


Author: Mark W. Janis,Carolyn Maree Evans
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111746
Category: Political Science
Page: 513
View: 503

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One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.