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Treaties & other sources of international law

See below for a selection of the latest books from Treaties & other sources of international law category. Presented with a red border are the Treaties & other sources of international law books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Treaties & other sources of international law books and those from many more genres to read that will keep you inspired and entertained. And it's all free!

The Institutional Veil in Public International Law

The Institutional Veil in Public International Law

Author: Catherine Brolmann Format: Hardback Release Date: 13/09/2007

This book deals with the nature of international organisations and the tension between their legal nature and the system of classic, state-based international law. This tension is important in theory and practice, particularly when organisations are brought under the rule of international law and have to be conceptualised as legal subjects, for example in the context of accountability. The position of organisations is complicated by what the author terms 'the institutional veil', comparable to the corporate veil found in corporate law. The book focuses on the law of treaties, as this pre-eminently 'horizontal' branch of international law brings out the problem particularly clearly. The first part of the book addresses the legal phenomenon of international organisations, their legal features as independent concepts, the history of international organisations and of legal thought in respect of them, and the development of contemporary law on international organisations. The second part deals with the practice of international organisations and treaty-making. It discusses treaty-making practice within organisations, judicial practice in interpretation of organisations' constitutive treaties, and the practice of treaty-making by organisations. The third and final part analyses the process by which international organisations have been brought under the rule of the written law of treaties, offering a practical application of the conceptual framework as previously set out. Part three is at the same time an analytic overview of the drafting history of the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. This is a profound and penetrating examination of the character of international organisations and their place in international law, and will be an important source for anyone interested in the future role of organisations in the international legal system.

International Law

International Law

In the established tradition of the Clarendon Law Series, International Law is both an introduction to the subject and a critical consideration of its central themes and debates. This book explores the scope and functioning of international law, and how it helps to underpin our international political and economic systems. It goes on to examine the wider theoretical implications of international law's role in modern society. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters focus on the limits of national freedom of choice - the interntional minimum standards set in international human rights law, and the 'macro-political' rights of minorities, and the rights of peoples to self-determination. Two final chapters look at the international law principles applicable to the use of force and the control of international crime, as well as the processes for the prevention and settlement of international disputes. Of all legal subjects, international law is at once the most richly variegated and arguably the least understood, even by lawyers. For the past two decades it has been the focus of intense analysis and comment by legal philosophers, international relations specialists, linguists, professional lawyers, historians, economists, and political scientists, as well as those who study, teach, and practice the discipline.Yet, the realities of international trade and communication mean that regulations in one State often directly affect matters within others. This book explains how through the organizing concepts of territory, sovereignty, and jurisdiction international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.

Making Treaties Work

Making Treaties Work

There is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this 2007 book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of international law and deal with multilateral, rather than purely bilateral issues. Each part of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.

International Law in Antiquity

International Law in Antiquity

Author: David J. (Emory University, Atlanta) Bederman Format: Paperback / softback Release Date: 01/02/2007

This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes and doctrines of international legal obligation in antiquity to re-evaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in a detailed analysis of international relations in the Near East (2800-700 BCE), the Greek city-states (500-338 BCE) and Rome (358-168 BCE). Containing topical literature and archaeological evidence, this 2001 study does not merely catalogue instances of recognition by ancient states of these seminal features of international law: it accounts for recurrent patterns of thinking and practice. This comprehensive analysis of international law and state relations in ancient times provides a fascinating study for lawyers and academics, ancient historians and classicists alike.

The Rights of Minorities

The Rights of Minorities

The rights of minorities are becoming increasingly important, especially in the context of enlargement of the European Union, yet there are remarkably few treaties dealing with minority rights under international law. One of these is the Council of Europe's Framework Convention for the Protection of National Minorities. This volume provides the first expert commentary on the Convention, which is the principal international document establishing minority rights in a legally binding way. Many minority rights such as those to political participation, non-assimilation, and the use of native languages are not incorporated in other major Human Rights agreements. The Convention is therefore often taken to be the leading standard in the international law of minority rights. This commentary offers a detailed article-by-article analysis of the Convention, by a group of international legal experts in minority rights. Their commentary draws upon the Convention's negotiating history and implementation practice, in addition to examining the pronouncements of the Advisory Committee, which is the implementation body attached to the treaty. It offers a clear sense of the concrete meaning of the provisions of the Convention to scholars, students, and members of minority rights groups.

Peremptory Norms in International Law

Peremptory Norms in International Law

Author: Alexander (Junior Research Fellow, Jesus College, Oxford) Orakhelashvili Format: Hardback Release Date: 08/06/2006

This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens). A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approached with sceptical nihilism, nevertheless attract growing doctrinal and practical attention and have increasing importance in determining the permissible limits on the action of State and non-State actors in different areas. In view of this overriding impact on what might otherwise be instances of the law-making process, peremptory norms concern a constitutional aspect of international law. Peremptory norms are non-derogable norms, and the concept of derogation is among the key concepts analysed here. Derogation from peremptory norms can be attempted in a wide variety of situations, but if peremptory norms are to operate as norms and not merely as aspirations they must generate consequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields. Despite the growing relevance of peremptory norms in practice, doctrine has failed to treat the issue comprehensively and has often been limited to examining specific aspects of the problem, such as the impact of peremptory norms in the law of treaties. This fresh effort to examine and explain the phenomenon of peremptory norms in key areas fills an important doctrinal gap through presenting in a systematic way the effects of peremptory norms and reappraising the significance of such effects, bearing in mind their overall nature. It also demonstrates that the hierarchical superiority of peremptory norms is not limited to the sphere of primary legal relations but becomes most crucially relevant after a specific peremptory norm is breached. A norm's peremptory character is relevant not only for its substance but also for its consequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.

The Changing Rules on the Use of Force in International Law

The Changing Rules on the Use of Force in International Law

Author: Tarcisio Gazzini Format: Hardback Release Date: 12/01/2006

The changing rules on the use of force in international law considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice. -- .

The Changing Rules on the Use of Force in International Law

The Changing Rules on the Use of Force in International Law

Author: Tarcisio Gazzini Format: Paperback / softback Release Date: 12/01/2006

The changing rules on the use of force in international law considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice. -- .

Enforcing Obligations Erga Omnes in International Law

Enforcing Obligations Erga Omnes in International Law

The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.

The Rights of Minorities

The Rights of Minorities

The rights of minorities are becoming increasingly important, especially in the context of enlargement of the European Union, yet there are remarkably few treaties dealing with minority rights under international law. One of these is the Council of Europe's Framework Convention for the Protection of National Minorities. This volume provides the first expert commentary on the Convention, which is the principal international document establishing minority rights in a legally binding way. Many minority rights such as those to political participation, non-assimilation, and the use of native languages are not incorporated in other major Human Rights agreements. The Convention is therefore often taken to be the leading standard in the international law of minority rights. This commentary offers a detailed article-by-article analysis of the Convention, by a group of international legal experts in minority rights. Their commentary draws upon the Convention's negotiating history and implementation practice, in addition to examining the pronouncements of the Advisory Committee, which is the implementation body attached to the treaty. It offers a clear sense of the concrete meaning of the provisions of the Convention to scholars, students, and members of minority rights groups.

The Law of Treaties

The Law of Treaties

Author: Scott Davidson Format: Hardback Release Date: 15/09/2004

The centrality of treaties to the international legal system requires little emphasis. Not only is the treaty a source of law that the International Court of Justice (ICJ) is bound to apply when resolving international disputes, but it is also the medium through which the vast preponderance of international legal intercourse is now conducted. The essays contained in this informative volume disclose a wide variety of opinion on a broad range of issues concerning the conclusion, application and termination of treaties.

United States Practice in International Law: Volume 1, 1999-2001

United States Practice in International Law: Volume 1, 1999-2001

Author: Sean D. (George Washington University, Washington DC) Murphy Format: Hardback Release Date: 01/12/2003

Sean D. Murphy's wide-ranging and in-depth 2002 survey of U.S. practice in international law in the period 1999-2001 draws upon the statements and actions of the executive, legislative and judicial branches of the U.S. government to examine its involvement across a range of areas. These areas include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, human rights, and international criminal law. At the time of its first publication this summary of the most salient issues was a central resource on U.S. practice in international law. The volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners was the first in a series of books capturing the international law practice of a global player.