How International Law Works In Times Of Crisis

Author : George Ulrich
Publisher : Oxford University Press
ISBN 13 : 0192589520
Total Pages : 368 pages
Book Rating : 4.21/5 ( download)

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Download or read book How International Law Works in Times of Crisis written by George Ulrich and published by Oxford University Press. This book was released on 2019-09-19 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Author : Makane Moïse Mbengue
Publisher : BRILL
ISBN 13 : 9004472363
Total Pages : 208 pages
Book Rating : 4.65/5 ( download)

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Download or read book Crisis Narratives in International Law written by Makane Moïse Mbengue and published by BRILL. This book was released on 2021-11-15 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.

Author : Oren Gross
Publisher : Cambridge University Press
ISBN 13 : 1139457756
Total Pages : 48 pages
Book Rating : 4.50/5 ( download)

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Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

Author : Tai-Heng Cheng
Publisher : Oxford University Press
ISBN 13 : 0195370171
Total Pages : 360 pages
Book Rating : 4.71/5 ( download)

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Download or read book When International Law Works written by Tai-Heng Cheng and published by Oxford University Press. This book was released on 2012-02-16 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title addresses the current international law debates and transcends them. Responding to influential scholarly statements on international law, the author presents a new framework that decision-makers should consider when they confront an international problem implicating the often-competing policies and interests of their own communities & global order. Instead of advocating for or against international law as legitimate or binding, Cheng acknowledges its shortcomings while presenting a practical means of deciding whether compliance in a given circumstance is beneficial, moral, or necessary.

Author : Michael P. Scharf
Publisher : Cambridge University Press
ISBN 13 : 1139485059
Total Pages : 333 pages
Book Rating : 4.50/5 ( download)

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Download or read book Shaping Foreign Policy in Times of Crisis written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2010-01-11 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.

Author : University of Cambridge. Research Centre for International Law
Publisher : Cambridge University Press
ISBN 13 : 9780521463041
Total Pages : 782 pages
Book Rating : 4.41/5 ( download)

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Download or read book The Yugoslav Crisis in International Law written by University of Cambridge. Research Centre for International Law and published by Cambridge University Press. This book was released on 1997-07-28 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together for the first time a comprehensive documentary record of the crisis in the former Yugoslavia, tracing the responses both of the United Nations and regional organisations. Many of the documents reproduced are otherwise inaccessible. This volume contains all relevant UN Security Council Resolutions and Presidential Statements together with the records of the debates leading to their adoption; reports on the crisis compiled by the UN Secretary-General; and extracts from decisions and debates in the UN General Assembly. The efforts of regional organisations are reflected in general documents from, amongst others, the EC, NATO, the Western European Union, the Conference on Security and Cooperation in Europe, the Organisation of the Islamic Conference, and the Non-Aligned Movement.

Author : Jonathan Sumption
Publisher : Profile Books
ISBN 13 : 1782838074
Total Pages : 237 pages
Book Rating : 4.74/5 ( download)

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Download or read book Law in a Time of Crisis written by Jonathan Sumption and published by Profile Books. This book was released on 2021-03-11 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Thoughtful, stimulating and even entertaining ... Lord Sumption's opinion is always worth listening to, even - or especially - if one disagrees with it.' Daily Telegraph 'Time spent on Law in a Time of Crisis is time spent in the company of a brilliant mind considering interesting things' The Times Brexit, the independence referendum, the pandemic: the UK is a country in crisis. And, in crises, we turn to the law to set the boundaries of what the government can and should do. However, in a country with no written constitution, what sounds like a simple proposition is in fact anything but. Based on his 2019 Reith lectures, former Supreme Court Judge Jonathan Sumption asks: what are the limits of law in politics? Is not having a constitution a hindrance or help in times of crisis? From referenda to the rise of nationalisms, Law in a Time of Crisis exposes the uses and abuses of legal intervention in British crises - past, present, and potential.

Author : Radhika Withana
Publisher : BRILL
ISBN 13 : 9047431790
Total Pages : 296 pages
Book Rating : 4.94/5 ( download)

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Download or read book Power, Politics, Law: International Law and State Behaviour During International Crises written by Radhika Withana and published by BRILL. This book was released on 2008-07-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the question as to where international law fits into the making and implementation of foreign policy during an international crisis in which a State is considering and / or may actually use force. Empirical literature on the law-State behaviour relationship during international crises has not been able to answer this question adequately. The limitations of existing empirical literature are identified as stemming from the limitations of existing positivist, realist and functionalist theoretical explanations of the law-State behaviour relationship. These theoretical approaches, which underpin existing empirical literature on international crises, assume that international law matches what is referred to in this book as its ‘rule-book’ image. This is the notion of international law as a finite set of objective, politically neutral, rules that can be applied so as to distinguish objectively between legal and illegal action. The rule-book image of international law does not match reality, but the assumption that it is true underpins both theoretical literature and references to international law in political rhetoric. The rule-book image and the reality of international law have been reconciled within the theory of International law as Ideology (ILI) as developed by Shirley Scott. This book hypothesises that an ILI perspective offers a better explanation of the law-State behaviour relationship during international crises than rival explanations grounded in positivism, realism or functionalism. Four case studies of State behaviour—of the US, the Soviet Union and the PRC during the Korean War (1950-1953), of the US and UK during the Suez crisis (1956), of the US and the Soviet Union during the Cuban Missile Crisis (1962) and of the US and an alliance of Latin American States during the Dominican Republic crisis (1965)—are used to test the hypothesis. The findings confirm the greater explanatory efficacy of ILI and demonstrate that the significance of international law to foreign policy decision-making during international crises is more than that of deterring the use of force as is assumed by rival theoretical approaches grounded in a rule-book image of international law. International law is shown to serve as a vehicle for inter-State competition during international crises.

Author : George Ulrich
Publisher : Oxford University Press
ISBN 13 : 0192589512
Total Pages : 368 pages
Book Rating : 4.14/5 ( download)

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Download or read book How International Law Works in Times of Crisis written by George Ulrich and published by Oxford University Press. This book was released on 2019-09-19 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Author : Daniele D'Alvia
Publisher : Routledge
ISBN 13 : 100061090X
Total Pages : 118 pages
Book Rating : 4.01/5 ( download)

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Download or read book International Insolvency and Finance Law written by Daniele D'Alvia and published by Routledge. This book was released on 2022-01-31 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.