Sovereignty And The Limits Of International Law

Author : Jack L. Goldsmith Professor of Law Harvard Law School
Publisher : Oxford University Press, USA
ISBN 13 : 019803766X
Total Pages : 272 pages
Book Rating : 4.68/5 ( download)

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Download or read book The Limits of International Law written by Jack L. Goldsmith Professor of Law Harvard Law School and published by Oxford University Press, USA. This book was released on 2005-02-03 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

Author : Todd Berry
Publisher : Taylor & Francis
ISBN 13 : 100098656X
Total Pages : 276 pages
Book Rating : 4.63/5 ( download)

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Download or read book Sovereignty and the Limits of International Law written by Todd Berry and published by Taylor & Francis. This book was released on 2023-11-29 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and Marine Genetic Resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP) do not currently cover. These existing frameworks that regulate genetic resources are grounded in the notion of sovereignty. Effectively, States have sovereign rights over their biological resources. The ILBI, however, is attempting to regulate marine biodiversity and MGR in ABNJ. Thus, the notion that negotiators representing nation States under the auspices of the United Nations can regulate ABNJ is paradoxical – are these areas beyond nation States’ jurisdiction or not? Implicitly, the negotiators are acting as though they have sovereignty over resources located in what has been historically a sovereign-free space. Thus, the purpose of this book is to investigate this paradox. Essentially, this book critiques the notion that ABNJ can actually be regulated under the auspices of the United Nations by nation-State negotiators.

Author : Douglas Howland
Publisher : Springer
ISBN 13 : 1137567775
Total Pages : 232 pages
Book Rating : 4.72/5 ( download)

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Download or read book International Law and Japanese Sovereignty written by Douglas Howland and published by Springer. This book was released on 2016-11-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.

Author : Daniel W. Hamilton
Publisher : ReadHowYouWant.com
ISBN 13 : 1459606248
Total Pages : 426 pages
Book Rating : 4.41/5 ( download)

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Download or read book The Limits of Sovereignty written by Daniel W. Hamilton and published by ReadHowYouWant.com. This book was released on 2010-10-21 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thoug...

Author : Anthony Carty
Publisher : Manchester University Press
ISBN 13 : 152612792X
Total Pages : 287 pages
Book Rating : 4.21/5 ( download)

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Download or read book The decay of international law written by Anthony Carty and published by Manchester University Press. This book was released on 2019-09-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1986 this book has become a classic of international law literature. It was a penetrating critique of the methodology of international law as it had come to be understood and accepted by the generality of international lawyers. It called for a realisation of the crucial role which international lawyers should play in reflecting in the nature and implications of the principles and arguments used by governments and other actors in the international stage. It called for a positive legal analysis of international issues. This edition comes with a new 10,000 word introduction that will put the original work it in its proper historical context. New generations of international legal scholars who did not read Carty in the 1980s and who have had little chance to do so since then because of the book's unavailability will show a great deal of interest in delving into the thoughts of one of the most influential critical legal thinkers.

Author : N. W. Barber
Publisher : Oxford University Press
ISBN 13 : 0192535684
Total Pages : 340 pages
Book Rating : 4.89/5 ( download)

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Download or read book The Principles of Constitutionalism written by N. W. Barber and published by Oxford University Press. This book was released on 2018-07-26 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

Author : John Westlake
Publisher :
ISBN 13 :
Total Pages : 302 pages
Book Rating : 4.0M/5 ( download)

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Download or read book Chapters on the Principles of International Law written by John Westlake and published by . This book was released on 1894 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Piotr Szwedo
Publisher : BRILL
ISBN 13 : 9004382895
Total Pages : 402 pages
Book Rating : 4.93/5 ( download)

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Download or read book Cross-border Water Trade: Legal and Interdisciplinary Perspectives written by Piotr Szwedo and published by BRILL. This book was released on 2018-11-13 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.

Author : Tracy H. Slagter
Publisher : Cambridge University Press
ISBN 13 : 1108871380
Total Pages : 723 pages
Book Rating : 4.89/5 ( download)

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Download or read book Fundamental Perspectives on International Law written by Tracy H. Slagter and published by Cambridge University Press. This book was released on 2022-12-15 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does international law impact the behavior of states? This book designed for students in multiple disciplines offers a comprehensive, accessible introduction to the 'law of nations,' detailing the evolution of state practice in response to an ever-changing, diverse world. In this new edition of William Slomanson's foundational text, the new authors, Professors Slagter and Van Doorn, trace how states manage their sovereignty in myriad ways, working through treaties, international organizations, and international courts to secure their own as well as global interests. With special emphasis on five key areas-human rights, the use of force, human security and humanitarian intervention, environmental protection, and economic relations-the authors illustrate both the power and limits of international law to provide structure and predictability on a globalized planet. Real-world problem sets, annotated bibliographies, and a practical guide to studying international law make this a text that students and instructors alike will appreciate.

Author : Christine Chinkin
Publisher : Cambridge University Press
ISBN 13 : 1107171210
Total Pages : 611 pages
Book Rating : 4.13/5 ( download)

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Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.