Home And International Law

Author : Davíd Thór Björgvinsson
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361872
Total Pages : 200 pages
Book Rating : 4.76/5 ( download)

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Download or read book The Intersection of International Law and Domestic Law written by Davíd Thór Björgvinsson and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Author : Bonita Meyersfeld
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315720
Total Pages : 368 pages
Book Rating : 4.24/5 ( download)

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Download or read book Domestic Violence and International Law written by Bonita Meyersfeld and published by Bloomsbury Publishing. This book was released on 2010-03-23 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's breach of its responsibility is in its failure to act effectively in domestic violence cases; and in its silent endorsement of the violence, it becomes complicit. The book seeks to reformulate academic and political debate on domestic violence and the responsibility of states under international law. It is based on empirical data combined with an honest assessment of whether or not domestic violence is recognised by the international community as a human rights violation. 'Domestic Violence in International Law [...] provides an original, provocative, and much needed legal framework for the coherent development of a norm against domestic violence in international human rights law...Dr. Meyersfeld has developed a thoroughgoing analysis that asks and answers the most difficult questions often neglected by academics, lawyers and activists who dismiss the possibility that systemic violence against women could violate international law...Most fundamentally, this book is memorable for the hope and optimism it expresses about the transformative possibilities of international law. For without compromising such intensely human values as privacy, autonomy and cultural identity, Dr. Meyersfeld moves her reader with an abiding conviction: that international law, fueled with the power of transnational actors, can propel public actors to protect abused and vulnerable people in their most private worlds.' From the Foreword by Harold Koh, The Legal Adviser, United States Department of State (2009-).

Author : Henrietta Zeffert
Publisher : Taylor & Francis
ISBN 13 : 1003854605
Total Pages : 185 pages
Book Rating : 4.09/5 ( download)

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Download or read book Home and International Law written by Henrietta Zeffert and published by Taylor & Francis. This book was released on 2024-03-26 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about home and international law. More specifically, it is about the profound, and frequently devastating, transformations of home that are happening almost everywhere in the world today and what international law has to do with them. Through three stories of home – the desert home, the lake home and the city home – this book traces how the everyday operations of international law shape the material, affective and imaginative experience of home. It argues that international law’s ‘homemaking work’ is characterised by acts of domination, practices of resistance and the production of unhomely spaces. However, the book also considers whether and how the liberatory potential of international law could be unlocked through the metaphor of home. This book draws from fieldwork conducted by the author in Palestine, Cambodia and the United Kingdom. It takes a global socio-legal approach to home and international law, informed by feminist political theory, feminist geography, home studies and contemporary critical approaches to international law. It is the first academic work to examine the relationship between home and international law. This book’s global socio-legal approach to home and international law will be of interest to those teaching and studying in international law, socio-legal studies, legal pluralism and legal geography.

Author : Shaheed Fatima KC
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310524
Total Pages : 500 pages
Book Rating : 4.21/5 ( download)

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Download or read book Using International Law in Domestic Courts written by Shaheed Fatima KC and published by Bloomsbury Publishing. This book was released on 2005-10-04 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

Author : Madelaine Chiam
Publisher : Cambridge University Press
ISBN 13 : 1108499295
Total Pages : 235 pages
Book Rating : 4.93/5 ( download)

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Download or read book International Law in Public Debate written by Madelaine Chiam and published by Cambridge University Press. This book was released on 2021-12-09 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of international law in public debates and its resulting popular language of international law.

Author : Jeff Handmaker
Publisher : Cambridge University Press
ISBN 13 : 1108497942
Total Pages : 265 pages
Book Rating : 4.47/5 ( download)

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Download or read book Mobilising International Law for 'Global Justice' written by Jeff Handmaker and published by Cambridge University Press. This book was released on 2018-11 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.

Author : Lianne J. M. Boer
Publisher : Cambridge University Press
ISBN 13 : 1108484832
Total Pages : 249 pages
Book Rating : 4.31/5 ( download)

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Download or read book International Law As We Know It written by Lianne J. M. Boer and published by Cambridge University Press. This book was released on 2021-10-14 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of international legal scholars in the construction of legal knowledge, looking at examples from the cyberwar debate.

Author : Ignacio de la Rasilla
Publisher : Cambridge University Press
ISBN 13 : 1108606520
Total Pages : 465 pages
Book Rating : 4.23/5 ( download)

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Download or read book International Law and History written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2021-01-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

Author : Beth A. Simmons
Publisher : Cambridge University Press
ISBN 13 : 0521885108
Total Pages : 473 pages
Book Rating : 4.02/5 ( download)

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Download or read book Mobilizing for Human Rights written by Beth A. Simmons and published by Cambridge University Press. This book was released on 2009-10-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.

Author : David J. Bederman
Publisher : University of Georgia Press
ISBN 13 : 0820326399
Total Pages : 294 pages
Book Rating : 4.99/5 ( download)

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Download or read book The Spirit of International Law written by David J. Bederman and published by University of Georgia Press. This book was released on 2010-01-25 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature—nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. After addressing philosophical concerns about authority and obligation in international law, Bederman considers the sources and methods of international lawmaking. Topics include key legal actors in the international system, the permissible scope of international legal regulation (what Bederman calls the "subjects and objects" of the discipline), the primitive character of international law and its ability to remain coherent, and the essential values of international legal order (and possible tensions among those values). Bederman then measures the extent to which the rules of international law are formal or pragmatic, conservative or progressive, and ignored or enforced. Finally, he reflects on whether cynicism or enthusiasm is the proper attitude to govern our thoughts on international law. Throughout his study, Bederman highlights some of the canonical documents of international law: those arising from famous cases (decisions by both international and domestic tribunals), significant treaties, important diplomatic correspondence, and serious international incidents. Distilling the essence of international law, this volume is a lively, broad, thematic summation of its structure, characteristics, and main features.