the function of law in the international community

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The Function Of Law In The International Community

Author : Hersch Lauterpacht
ISBN : 9780199608812
Genre : Law
File Size : 57. 70 MB
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The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.

Five Masters Of International Law

Author : Antonio Cassese
ISBN : 9781847316387
Genre : Law
File Size : 82. 96 MB
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This book consists of interviews with five distinguished international lawyers from the UK, USA, Uruguay and France, conducted by the editor, Antonio Cassese, between 1993 and 1995. Each interview is preceded by a brief 'intellectual portrait' of the interviewee. In his general introduction Cassese stresses that the interviews, all based on the same questionnaire, were intended to bring out not only the main ideas associated with each scholar in the fields of international law and international relations, but also his intellectual and philosophical background, his general outlook and his views of the prospects for the evolution of the international community. In his final essay, Cassese brings together the main threads of the interviews and points to the parallels and divergences appearing from them. This book offers a unique and important insight into the legal minds and outlook of a select group of prominent scholars of international law and legal institutions during the last years of the twentieth century.

Good Faith And International Economic Law

Author : Andrew D. Mitchell
ISBN : 9780191060359
Genre : Law
File Size : 23. 17 MB
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The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership. The number of investor-state dispute settlement cases is rapidly accumulating each year, yet states' enthusiasm for investor-state arbitration has become more qualified as concern has intensified that the system can be abused by foreign investors. Good faith is therefore becoming increasingly important as a principle, particularly in the investment context, due to disputes about investor conduct such as corporate restructuring in order to gain the protection of a particular investment treaty regarding an existing or foreseeable dispute, and States' responses to public policy concerns through attempts to modify or terminate investment treaties in the face of ongoing or expected claims. Tribunals adjudicating investment disputes have used the principle of good faith in a haphazard and uncoordinated manner, causing serious problems of uncertainty and inconsistency. In response to these developments, this book contains the first comprehensive and integrated analysis of the treatment of good faith in international investment law, noting the broader implications of good faith in public international law and international trade law.

International Law

Author : Hersch Lauterpacht
ISBN : 0521204801
Genre : Law
File Size : 31. 26 MB
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In Whose Name

Author : Armin von Bogdandy
ISBN : 9780191026959
Genre : Law
File Size : 57. 91 MB
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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Interpretation In International Law

Author : Andrea Bianchi
ISBN : 9780191038709
Genre : Law
File Size : 25. 57 MB
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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

The Development Of International Law By The International Court

Author : Hersch Lauterpacht
ISBN : 9780521463324
Genre : Law
File Size : 27. 2 MB
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The book appraises the international judicial process and will be of value to anyone interested in this subject.

The International Court Of Justice And The Judicial Function

Author : Gleider Hernandez
ISBN : 9780199646630
Genre : Law
File Size : 90. 44 MB
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The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.

Essays On The Development Of The International Legal Order

Author : Haro F. Van Panhuys
ISBN : 9789028603608
Genre : Law
File Size : 54. 48 MB
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Developments like the completion of the Single Market, the adoption of the Treaty on European Union, the opening up of the European Economic Area, & the emergence of the Central & Eastern European markets make it vital for all legal practitioners & academics concerned with commercial & transnational law to have access to up-to-date information on the laws governing business throughout the whole of Europe. European Business Law Review offers current, authoritative information on a wide range of issues & developments in European business law. Written by a distinguished international team of legal practitioners & academics, European Business Law Review proves an invaluable source of current information, practical analysis, & expert guidance for all lawyers, advisers, & researchers dealing with European business law on a regular basis. Every month European Business Law Review includes analytical articles offering incisive investigations & practical analysis of topics of current importance; country reports highlighting key issues from different European countries; Eurobrief, containing concise summaries of the latest European Community Directives, as reported in the Official Journal, & details of relevant communications from key European institutions; case notes on important recent cases from the European Court of Justice, the Court of First Instance & various national courts; & reviews of the latest literature on areas of European business law. European Business Law Review provides a regular service of opinions & new information, offering practical analysis & guidance on a broad spectrum of topics relating to commercial law in Europe. It covers legal developments in the European Community, the EFTA countries, & the new democracies of Central & Eastern Europe, & also offers an insight into the legal aspects of European trade with non-European countries. As of February 1997, the editorship of the European Business Law Review has been taken over by the Institute of Advanced Legal Studies, London .

The Thin Justice Of International Law

Author : Steven R. Ratner
ISBN : 9780191009112
Genre : Law
File Size : 31. 34 MB
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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

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