Limits to the Application of Foreign Laws
Author | : Ademola Yakubu |
Publisher | : |
Total Pages | : 124 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
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Author | : Ademola Yakubu |
Publisher | : |
Total Pages | : 124 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
Author | : Michael Mann |
Publisher | : |
Total Pages | : 784 |
Release | : 1953 |
Genre | : Conflict of laws |
ISBN | : |
Author | : Jack L. Goldsmith |
Publisher | : Oxford University Press |
Total Pages | : 271 |
Release | : 2005-02-03 |
Genre | : Law |
ISBN | : 0199883378 |
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 | : Alex Mills |
Publisher | : Cambridge University Press |
Total Pages | : 595 |
Release | : 2018-08-16 |
Genre | : Law |
ISBN | : 1107079179 |
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Author | : Jack L. Goldsmith |
Publisher | : Oxford University Press |
Total Pages | : 272 |
Release | : 2005-02-03 |
Genre | : Political Science |
ISBN | : 9780199883370 |
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 | : Friedrich Karl von Savigny |
Publisher | : |
Total Pages | : 604 |
Release | : 1880 |
Genre | : Conflict of laws |
ISBN | : |
Author | : Symeon Symeonides |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 372 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9041127429 |
This book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.
Author | : |
Publisher | : |
Total Pages | : 45 |
Release | : 1972 |
Genre | : |
ISBN | : |
Author | : D. Josephus Jitta |
Publisher | : Springer Science & Business Media |
Total Pages | : 211 |
Release | : 2012-12-06 |
Genre | : Law |
ISBN | : 9401510199 |
I have written my work during THE WAR. The idea of acoJ1ectivity of the States is interwoven allthrough my work, but, of course, the pro ject of a League of nations, which has been elaborated during the armi stice, could not be taken into consideration. This is, moreover, a subject matter which can only be dealt with, in an experimental way, in future times. Besides, I dare say that my work does not fall short with regard to the plans of the day; so far as the juridical community of mankind is concerned, it is even ahead of its time. MARCH, 1919. JITTA. CONTENTS CHAPTER I. OBJECT AND SCHEME OF THE WORK. page My object. Mankind as a community de facto. Mankind as a juridical community. The unity of international law. Scheme of the system. The positive rules of the law of war. The egotism of the States. The burden of the subject-matter. The causticity of some of the materials. The use of a language. CHAPTER II. THE SYSTEM. FIRST PART. Public International Law. First Section. THE GENERAL DIRECTION OF PUBLIC AFFAIRS. {sect} I. The Sovereignty of the State and the Sovereignty of Mankind. 7 The sovereignty of the State. The qualifications to be given to the sovereignty of the State according to reasonable principles. The qualifications of the sovereignty in positive law. The religious and patriotic impediments of the evolution of positive law, as to so vereignty.
Author | : Robert E. Scott |
Publisher | : Cambridge University Press |
Total Pages | : 215 |
Release | : 2006-08-14 |
Genre | : Law |
ISBN | : 1139460285 |
Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.