juridical facts as sources of international rights and obligations international law in historical perspective v 6

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Transnational Terrorism And State Accountability

Author : Vincent-Joël Proulx
ISBN : 9781782250388
Genre : Law
File Size : 69. 87 MB
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Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.

International Law In Historical Perspective

Author : J. H. Jan Hendrik Willem Verzijl
ISBN : 9041105484
Genre : Law
File Size : 32. 62 MB
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This volume completes the monumental, eleven-volume series, "International Law in Historical Perspective," which was published over a period of 24 years by Professor J.H.W. Verzijl (and continued after his death in 1987 by W.P. Heere and J.P.S. Offerhaus). This index volume provides insight into the series both for the uninitiated and initiated, enabling the user to access all 11 volumes (spanning a total of 6500 printed pages) quickly and easily. It contains a subject index, an index of personal names, of geographical names, of ships' names, a list of treaties, a list of international judgements and a list of international arbitrations. A list of Professor Verzijl's commentaries on the more recent jurisprudence of the International Court of Justice completes the volume.

The Juridical Nature Of Unilateral Acts Of States In International Law

Author : Eva Kassoti
ISBN : 9789004300767
Genre : Law
File Size : 63. 60 MB
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In The Juridical Nature of Unilateral Acts of States in International Law Eva Kassoti explores the question of the legal nature of unilateral acts by focusing on their essential characteristics, namely unilateralism and the manifest intention to be bound.

State Succession To International Responsibility

Author : Patrick Dumberry
ISBN : 9789047420668
Genre : Law
File Size : 54. 66 MB
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This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.

International Law In Historical Perspective

Author : J. H. W. Verzijl
ISBN : 9028602232
Genre : Law
File Size : 41. 44 MB
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Interfirm Networks

Author : Anna Grandori
ISBN : 9781134629909
Genre : Business & Economics
File Size : 32. 69 MB
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This volume examines the nature of interfirm networks and their role in promoting industrial competitiveness. Where previous work in this area has tended to be descriptive, the distinguished contributors to this volume present a balanced theoretical and empirical approach to interfirm networking drawing on a variety of international case studies. Issues covered include: * The role of networks in regulating conflict and producing co-operation * The role of networks in developing knowledge and competences * Network governance and conflict intensive networks

The Sources Of International Law

Author : Hugh Thirlway
ISBN : 9780199685394
Genre : Law
File Size : 76. 49 MB
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The question of what is, and what is not, part of international law is of course fundamental. Traditionally, treaties between states and custom (state practice) have been seen as the primary means by which international law is created. These two sources, along with the "general principles oflaw", are specified in the Statute of the International Court of Justice (Article 38), and this text has long been treated as generally authoritative. However, whether this is still an adequate definition of the sources of international law, and how they may operate in modern international society,has been questioned in significant ways. Taking Article 38 ICJ Statute as starting-point, this book provides a careful assessment of all the recognised, or asserted, sources of international law. Among the issues considered are: the impact of ethical principles on the creation of international law; the existence of peremptory norms (those of jus cogens), and whether they come into being through the same sources as other norms; the place of these, and of norms involving rights andobligations erga omnes, in the operation of international legal relationships; the definition and role of "general principles of law"; whether any of international law's sub-disciplines involve the application of additional sources; and the continuously evolving relationship between treaty-basedlaw and customary international law. Re-examining the traditional model, the work takes account of the increasing role of international jurisprudence, and looks at international organisations and non-state actors as potential new sources of international law. The book provides a perfect introduction to the law of sources, as well asinnovative perspectives on new developments, making it essential reading for anyone studying or working in any field of international law.

Pais Bulletin

Author :
ISBN : UIUC:30112107014232
Genre : Political science
File Size : 29. 34 MB
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Regional Human Rights Systems

Author : Christina M. Cerna
ISBN : 9781351905534
Genre : Political Science
File Size : 32. 66 MB
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Over the past sixty years the regional human rights systems have surpassed the UN human rights bodies in affording protection to the victims of human rights violations. Most of these systems have courts that are empowered to issue legally binding judgments and reparations for violations of human rights, which states have been unwilling to accord the UN system. The essays selected for this volume examine the structure and functioning of the principal regional human rights systems in the world today: 1) the Inter-American Commission and Court of Human Rights, 2) the European Court of Human Rights, 3) the African Commission and Court of Human and Peoples’ Rights and 4) the ASEAN Intergovernmental Human Rights Commission. These systems guarantee primarily civil and political rights. Central to all four systems is the necessity of a democratic form of government to guarantee these rights, although not all governments, parties to these regional treaties, are democracies. These articles trace the history of these systems, in particular, the expansion of their membership to include almost all independent countries in the region, and their evolution towards recognition of a 'right to democracy'.

The Essential Un

ISBN : 9211013720
Genre : Political Science
File Size : 72. 91 MB
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As the world's only truly universal global organization, the United Nations has become the foremost forum to address issues that transcend national boundaries and cannot be resolved by any one country acting alone. This authoritative reference provides a comprehensive introduction and overview of the work of the UN in key areas of international peace and security, economic and social development, human rights, and humanitarian action.

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