International Law between Universalism and Fragmentation

International Law between Universalism and Fragmentation
Author: Isabelle Buffard
Publisher: BRILL
Total Pages: 1131
Release: 2009-02-28
Genre: Law
ISBN: 9047440331

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This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.

Concepts for International Law

Concepts for International Law
Author: Jean d’Aspremont
Publisher: Edward Elgar Publishing
Total Pages: 960
Release: 2018
Genre: Law
ISBN: 1783474688

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Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.

Fragmentation vs the Constitutionalisation of International Law

Fragmentation vs the Constitutionalisation of International Law
Author: Andrzej Jakubowski
Publisher: Routledge
Total Pages: 340
Release: 2016-07-01
Genre: Law
ISBN: 1317312279

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The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

Global Legal Pluralism

Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Cambridge University Press
Total Pages: 357
Release: 2012-02-27
Genre: Law
ISBN: 1107376912

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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

A Farewell to Fragmentation

A Farewell to Fragmentation
Author: Mads Andenas
Publisher: Cambridge University Press
Total Pages: 605
Release: 2015-10-09
Genre: Law
ISBN: 1316368610

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Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.

Fragmentation of International Law

Fragmentation of International Law
Author: United Nations. International Law Commission
Publisher:
Total Pages: 306
Release: 2007
Genre: Conflict of laws
ISBN: 9789521023378

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Fragmentation in International Human Rights Law

Fragmentation in International Human Rights Law
Author: Marjan Ajevski
Publisher: Routledge
Total Pages: 167
Release: 2017-07-14
Genre: Law
ISBN: 1317442938

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This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.

The Law of Nations and Natural Law, 1625-1800

The Law of Nations and Natural Law, 1625-1800
Author: Simone Zurbuchen
Publisher:
Total Pages: 0
Release: 2019
Genre: International law
ISBN: 9789004384194

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Twelve international scholars offer innovative studies of the law of nations from the Peace of Westphalia to the Enlightenment. The focus is on little known contexts and sources, and on novel interpretations of classics in the field.

The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law

The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law
Author: Serena Forlati
Publisher: BRILL
Total Pages: 273
Release: 2020-05-18
Genre: Law
ISBN: 9004428674

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The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law deconstructs one of the most influential ICJ Judgments and analyses its contributions to the law of treaties, the law of international responsibility, and the law of sustainable development in light of 20 years of subsequent developments in the international legal order.