The Quest for World Order and Human Dignity in the Twenty-first Century

The Quest for World Order and Human Dignity in the Twenty-first Century
Author: W.M. Reisman
Publisher: Martinus Nijhoff Publishers
Total Pages: 503
Release: 2013-02-18
Genre: Law
ISBN: 9004236163

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International law’s archipelago is composed of legal “islands”, which are highly organized, and “offshore” zones, manifesting a much lower degree of legal organization. Each requires a different mode of decisionmaking, each further complicated by the stress of radical change. This General Course is concerned, first, with understanding and assessing the aggregate performance of the world constitutive process, in present and projected constructs; second, with providing the intellectual tools that can enable those involved in making decisions to be more effective, whether they are operating in islands or offshore; and, third, with inquiring into ways the international legal system might be improved. Reisman identifies the individual as the ultimate actor in international law and explores the dilemmas of meaningful individual commitment to a world order of human dignity amidst interlocking communities and overlapping loyalties.

The Quest for World Order and Human Dignity in the Twenty-First Century

The Quest for World Order and Human Dignity in the Twenty-First Century
Author: W Michael Reisman
Publisher: Brill Nijhoff
Total Pages:
Release: 2022-08
Genre:
ISBN: 9789004528987

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International law is archipelagic. Alongside "islands" of effective international law, you find offshore zones in which law is either undeveloped or manifestly ineffective or in which different norms, different arrangements and even unrestrained "political" factors are operating. Lawyers who work in these zones, whether on behalf of State and non-State actors, require different modes of thinking. They must be able to locate themselves in unstable decision processesby deploying appropriate legal tools and mapping schema; to identify the factors influencing decision, distinguishing the operative from the mythic ones; to project possible decisions and assess the extent they contribute to minimum and optimum order and, if they do not, to invent feasible alternative decisions. Michael Reisman describes the world international law is attached to and sets out a theory about law that enables the international lawyer to identify the common interest in its many zones and to work towards achieving a world public order of human dignity.

Translating Guilt

Translating Guilt
Author: Cassandra Steer
Publisher: Springer
Total Pages: 407
Release: 2017-02-26
Genre: Law
ISBN: 946265171X

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This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.

Human Flourishing: The End of Law

Human Flourishing: The End of Law
Author: W. Michael Reisman
Publisher: BRILL
Total Pages: 1207
Release: 2023-10-09
Genre: Law
ISBN: 9004524835

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This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .

Principles of International Energy Transition Law

Principles of International Energy Transition Law
Author: Frédéric G. Sourgens
Publisher: Oxford University Press
Total Pages: 401
Release: 2023-10-19
Genre: Law
ISBN: 0198876149

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Energy transition is a complex global problem, with governance and policies cutting across multiple legal silos including human rights, environment, international economics, finance, energy, law of the sea, and transnational commerce. As of yet, there is no comprehensive treatment of the legal principles governing energy transition as a whole. Furthermore, energy transition must solve a trilemma that pits energy equity (the need to provide access to energy needed to fuel human development) and energy security (the need to provide resilient and reliable energy systems) against environmental sustainability. Without a comprehensive understanding of these issues, law and policy-makers risk exacerbating rather than resolving the underlying problems. Principles of International Energy Transition Law introduces the energy transition problem by situating the climate emergency in its broader energy and development context, showing how global energy value chains are deeply enmeshed in and drive global economic and human development. It combines the different legal perspectives in one consistent analysis by outlining their interactions and showing how they can be reconciled. The book discusses thirty-two international legal principles governing different aspects of the energy transition trilemma's three parts. It then uses a commons governance perspective to propose a holistic approach to applying and balancing these different parts and their different legal principles. Highlighted sections summarise the most important concepts and ideas for easy reference, making the title particularly accessible for students and policy-makers as well as law practitioners.

War and Justice in the 21st Century

War and Justice in the 21st Century
Author: Luis Moreno Ocampo
Publisher: Oxford University Press
Total Pages: 649
Release: 2022
Genre: Prosecution (International law)
ISBN: 0197628974

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"This book is a case study of my nine-year practice as the first Chief Prosecutor of the International Criminal Court (ICC). It presents the functioning of the autonomous criminal justice system created by the Rome Statute. The book depicts the Rome Statute operations, its interaction with the War on Terror, and their relationship with national legal systems and the UN Security Council. It comments on regional organizations, including the mechanisms to protect human rights established during the fifties in Europe, after in the Americas, and more recently in Africa"--

An Introduction to Contemporary International Law

An Introduction to Contemporary International Law
Author: Lung-chu Chen
Publisher: Oxford University Press, USA
Total Pages: 674
Release: 2015
Genre: Law
ISBN: 0190227990

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Applies the New Haven School approach explaining discrete aspects of the global decision process and their effects on the content of international legal rules. Provides an in-depth treatment of the key features of the New Haven School of international law. References both classic historical examples and contemporary events to illustrate international legal processes and principles. Focuses on important trends in international law, including the movement from a state-centered system to a people-centered one. Contributes to the growth of a world community of human dignity through international law. -- Publishers website.

The Global Economic Order

The Global Economic Order
Author: Elli Louka
Publisher: Edward Elgar Publishing
Total Pages: 416
Release: 2020-04-24
Genre: Law
ISBN: 1839102683

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Exploring in depth the institutions that underpin the global economy, this study provides invaluable insights into why a minimum economic order has endured for so long and why states are unwilling to establish a maximum order, a global safety net for all. The author investigates how debt – a critical component of states’ economic infrastructure – leads to debilitating crises, and how these crises undermine the economic autonomy and political independence of states.

The Decision-Making Process of Investor-State Arbitration Tribunals

The Decision-Making Process of Investor-State Arbitration Tribunals
Author: Mary Mitsi
Publisher: Kluwer Law International B.V.
Total Pages: 336
Release: 2018-12-28
Genre: Law
ISBN: 9041196579

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In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of decisions and the predictability and legitimacy of the decision-making process in general. Investment arbitration tribunals have developed a specialised process of legal decision making adapted to the interpretational needs that arise in the context of an investor-state dispute and to the transnational characteristics of the investment arbitration framework. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, general principles of law and customary law in their decision-making process. Drawing on publicly available arbitral case law supplemented with personal interviews with investment arbitrators, the author touches on such concepts and practices as the following: - an overview of various decision-making genres of arbitral tribunals: attitudinal, economic, strategic and legal; - the legal argumentation triptych of language–rhetoric–dialogue; - the specific language arbitrators have developed when interpreting the law; - how arbitrators use the concepts 'standards', 'rules', 'principles' and 'rights'; - the importance of the legal reasoning of arbitral awards and the role of rhetoric therein; - concepts of 'acceptability', 'audience' and 'legitimacy'; - limitations of the public international law interpretive methodology enshrined in the Vienna Convention; - interpretation of precedents, customary law, general principles of law and policies; - the way national and international legal orders interact in the context of interpretation; and - how decision-making is connected to the issues of predictability, consistency and the rule of law. The core of the book proposes a novel, full- edged dialogical network theory for analysing the interpretation process. As an exemplary demonstration of developing theory to keep up with practice, this unique book provides a deeply engaged means for enhancing the practice of international arbitration. Its introduction of a new field of interdisciplinary analysis employing legal argumentation theories is sure to provide inestimable guidance for institutions and policymakers, especially in light of recent proposals for the creation of a permanent investment arbitration court. Given that unveiling the legal decision-making process is critical for the well-being of the whole dispute resolution procedure, and that being aware of how arbitrators interpret the law can constitute a roadmap for counsel's arguments and approaches when dealing with cross-border disputes, the topic of this book is relevant for both academics and practitioners, and its signifcance can only grow as recourse to investor-state arbitration continues to expand.