the concept of unity in public international law 7 hart monographs in transnational and international law

Download Book The Concept Of Unity In Public International Law 7 Hart Monographs In Transnational And International Law in PDF format. You can Read Online The Concept Of Unity In Public International Law 7 Hart Monographs In Transnational And International Law here in PDF, EPUB, Mobi or Docx formats.

The Concept Of Unity In Public International Law

Author : Mario Prost
ISBN : 9781847319173
Genre : Law
File Size : 59. 66 MB
Format : PDF, Docs
Download : 580
Read : 360

Download Now


'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.

The Institutional Problem In Modern International Law

Author : Richard Collins
ISBN : 9781509900435
Genre : Law
File Size : 48. 63 MB
Format : PDF, ePub, Mobi
Download : 385
Read : 395

Download Now


Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.

Transnational Terrorism And State Accountability

Author : Vincent-Joël Proulx
ISBN : 9781782250388
Genre : Law
File Size : 60. 29 MB
Format : PDF, Docs
Download : 564
Read : 971

Download Now


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.

Fl Chtlingsschutz

Author : Kate Janstram
ISBN : OCLC:179738307
Genre :
File Size : 25. 82 MB
Format : PDF
Download : 104
Read : 276

Download Now



Europ Isches Privatrecht In Vielfalt Geeint Droit Priv Europ En L Unit Dans La Diversit

Author : Christian Baldus
ISBN : 9783866538900
Genre : Law
File Size : 64. 30 MB
Format : PDF, ePub
Download : 532
Read : 831

Download Now


Familien, Erb- und Sachenrecht befinden sich zunehmend in einem Spannungsfeld zwischen nationalem Recht und Unionsrecht. Eine Lösung, die möglichst schonend mit historischen und kulturellen Traditionen der EU-Mitgliedstaaten umgeht, ist die differenzierte Integration. Darüber diskutieren die Autoren in diesem Band.

Unsere Gemeinsame Zukunft

Author :
ISBN : UCAL:B3962646
Genre :
File Size : 76. 29 MB
Format : PDF, Kindle
Download : 857
Read : 838

Download Now



System Des Heutigen R Mischen Rechts

Author : Friedrich Karl von Savigny
ISBN : GENT:900000158126
Genre : Civil law
File Size : 60. 93 MB
Format : PDF, Mobi
Download : 336
Read : 166

Download Now



Border Tax Adjustments Konfliktpotential Zwischen Umweltschutz Und Welthandelsrecht

Author : Barbara Volmert
ISBN : 9783862191215
Genre : Environmental law, International
File Size : 85. 21 MB
Format : PDF, Kindle
Download : 426
Read : 1291

Download Now



Encyclopedia Of Associations National Organizations Of The U S Pt 1 Sections 1 6 Entries1 11220

Author : Kristy A. Swartout
ISBN : 1414420080
Genre : Associations, institutions, etc
File Size : 61. 53 MB
Format : PDF, ePub
Download : 388
Read : 1022

Download Now



Books In Print

Author :
ISBN : STANFORD:36105210120585
Genre : American literature
File Size : 46. 55 MB
Format : PDF, Docs
Download : 559
Read : 180

Download Now



Top Download:

Best Books