select proceedings of the european society of international law third volume

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Select Proceedings Of The European Society Of International Law

Author : Hélà ̈ne Ruiz Fabri
ISBN : 9781847315892
Genre : Law
File Size : 59. 4 MB
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This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Third Biennial Conference organised by ESIL and the Max Planck Institute for Comparative Public Law and International Law in 2008. The conference was entitled 'International Law in a Heterogeneous World', reflecting an idea which is central to the ESIL philosophy. Heterogeneity is considered one of the pillars upon which Europe's contribution to international law is built and the subject was considered in a number of panels, including such diverse topics as migration, the history of international law, the rules on warfare and international environmental law.

Select Proceedings Of The European Society Of International Law

Author : Hélène Ruiz Fabri
ISBN : 1849460647
Genre : Law
File Size : 34. 24 MB
Format : PDF, Mobi
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This book, a continuation of the series Select Proceedings of the European Society of International Law, contains the proceedings of the third biennial conference organized by the ESIL and the Max Planck Institute for Comparative Public Law and International Law in 2008. The conference was entitled 'International Law in a Heterogeneous World, ' reflecting an idea which is central to the ESIL philosophy. Heterogeneity is considered one of the pillars upon which Europe's contribution to international law is built, and the subject was considered in a number of panels, including such diverse topics as migration, the history of international law, the rules on warfare, and international environmental law

The Law And Politics Of The Kosovo Advisory Opinion

Author : Marko Milanovic
ISBN : 9780198717515
Genre : Law
File Size : 33. 96 MB
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The Advisory Opinion of the International Court of Justice on Kosovo, handed down in 2010, was the first instance at which the Court had ruled on an unilateral declaration of independence. It stated that there was no objection to the declaration of independence under international law. It was highly controversial, as the Opinion could be seen to set a precedent for endorsing secession more widely. This book, written by an unparalleled team of experts, investigates the interplay between law and politics that took place over Kosovo's independence, both generally and in the specific context of the Advisory Opinion. It investigates how the International Court of Justice became the battleground over which Kosovo's independence was fought, and how the political arguments in favor of Kosovo's independence changed in the legal setting of the Court. It studies what the Court wanted to achieve, whether it succeeded in those aims, and the contentious reception its Opinion received. The book is structured in five parts, first setting out the historical and political context to the case, focusing on the conflicting narratives of reality within Serbia and Kosovo, of which the ICJ case was only a continuation, and the political arguments for and against Kosovo's independence. Secondly it examines in detail how the case was argued, what were the litigation strategies of the participating states, why some arguments rose to the forefront while others did not. In doing so it will extensively discuss the written and oral pleadings of all the participating states. Thirdly it analyses the Advisory Opinion itself, as well as things that the Court left unsaid with regard to general international law. Fourthly it looks at the consequences that the Opinion has had on the continuing dispute between Serbia and Kosovo, and how it was received in the international legal sphere. Finally, it examines the broader repercussions the Opinion might have on other cases of secession, even if it was probably designed not to have any.

The Oxford Handbook Of The Use Of Force In International Law

Author : Marc Weller
ISBN : 9780199673049
Genre : Law
File Size : 37. 75 MB
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This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.

International Legal Positivism In A Post Modern World

Author : Jörg Kammerhofer
ISBN : 9781107019263
Genre : Law
File Size : 71. 14 MB
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The first comprehensive study of international legal positivism and how this theory operates in twenty-first-century international legal scholarship.

Sovereignty In The Exercise Of The Right To Self Determination

Author : Jane A. Hofbauer
ISBN : 9789004328709
Genre : Law
File Size : 32. 52 MB
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In Sovereignty in the Exercise of the Right to Self-Determination Jane Hofbauer explores to what extent (indigenous) peoples can be designated as sovereign entities through the exercise of different tiers of self-determination.

Philosophical Foundations Of European Union Law

Author : Julie Dickson
ISBN : 9780191652165
Genre : Law
File Size : 43. 37 MB
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The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

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