coercion and the legal form politics international law and the state

... Nations and the new international law The Mandate System and colonial problems The Mandate System and the construction of the non-European state Government, sovereignty and economy The mandate and the ... and the post-colonial state Development and the reform of international law Permanent sovereignty over natural resources and the New International Economic Order The 1962 Resolution on PSNR The ... imperialist international law. 13 The project, then, was to excise these colonial aspects of international law from the system of international law and to recreate a new, open and non-colonial international...

Ngày tải lên: 19/02/2014, 05:20

... institutionalism The ‘English School’ Law and international relations 24 31 Power and international law Power and the debate about whether resolutions and declarations constitute State practice Power and the ... perspective Law and power Some working assumptions Power and the study of international law Opinio juris, the customary process and the qualifying effects of international law 13 15 18 21 Regime theory and ... both benefit were they to devote more attention to this and other aspects of the interface between international politics and international law 2 Law and international relations International relations...

Ngày tải lên: 19/02/2014, 06:20

... under UN command Individual states or coalitions of states conducted the other twenty, and they used their own command structures An early example was the 1966 request of the UNSC to the United ... organization and law, international political economy, international environmental politics, and African politics She is a member of the International Studies Association and recently served on the Board ... International Law (edited by G Fox and B Roth) (2000); The Limits of the Security Council’s Powers and its Functions in the International Legal System: Some Reflections” in The Role of Law in International...

Ngày tải lên: 07/03/2014, 11:20

... about the politics of international law, not the ‘letter of the law It explores how politics conditions international law as an institution, and, most 17 18 ‘Legalization and World Politics , International ... framework of rules and norms, and states and other actors define and redefine these understandings through their discursive practices International law is central to this framework, and like politics, constructivists ... International Law and International Relations Theory: A Dual Agenda’, American Journal of International Law 87: (1993); Anne-Marie Slaughter, Andrew S Tulumello, and Stepan Wood, International Law and International...

Ngày tải lên: 07/03/2014, 11:20

... fault lines in international law The decision to invade, the conduct of the war and occupation, and the mechanisms used to administer the country all challenge the international legal community, ... xxi The Iraq War and International Law: By Way of an Introduction Andrew Williams The Iraq War, International Law and the Search for Legal Accountability 17 Phil Shiner The Challenges ... lens The threats that have been posed to international law by the behaviour of powerful states, notably the USA and the UK in tandem, have served to emphasise the value of an international law...

Ngày tải lên: 07/03/2014, 11:20

... international law and the institutions in it How these changes affect the structure of and the correlation of forces in the international INTERNATIONAL LAW, RIGHTS AND POLITICS system? What challenges international ... and consociational democracy 115 Law and politics in the recognition of new states 119 International law on the recognition of states 119 Recognition of the Baltic states 121 Recognition of the ... International law in the international system 1 The role of the nation -state in the international system The Cold War international system 13 Prospects for the future: threats and opportunities?...

Ngày tải lên: 07/03/2014, 11:20

... IV, pp 43–59 International Legal Materials International Law Reports International Review of the Red Cross Leiden Journal of International Law Netherlands Yearbook of International Law Organisation ... customary international law? 40 2.3 Filling the gap? Terrorism and other international legal norms 2.4 Conclusion 44 International responsibility and terrorism 41 47 3.1 State responsibility in international ... of the ‘war on terror’ with this legal framework, and questions the implications for states responsible for violations, for third states and for the international rule of law helen duffy is the...

Ngày tải lên: 16/03/2014, 13:20

... Humanitarian Law obligations – national and international approaches to the enforcement of the law and – the interactions between International Humanitarian Law and other related areas of international law ... of International Law at Utrecht University and Professor of Military Law at the University of Amsterdam and the Netherlands Defence Academy He is a member of the editorial board of the Netherlands ... International Law as a Primitive Legal System’, 19 New York University Journal of International Law and Politics 1-32 (19861987) The International Legal Response to Terrorism’, International Law at the...

Ngày tải lên: 16/03/2014, 13:20

... Codification and Progressive Development of InternationalLaw (1973); Sinclair, The International Law Commission (1987); Anderson, Boyle, Lowe and Wickremasinghe, The International Law Commission and the ... International Law, Australian Yearbook of International Law, British Yearbook of International Law and Canadian Yearbook of International Law 136 These journals include general law journals and ... Public Law and International Law, contains articles on a broad range of international law topics While, in general, the articles rely on treaties and other "hard" law sources of international law, ...

Ngày tải lên: 23/03/2014, 10:21

... Coase, The Firm, the Market and the Law (University of Chicago Press, revised edition, 1990), see chapters and The Firm, The Market, and The Law and The Nature of the Firm.” Which includes, in the ... between the expansion of sovereignty rights over GRs and the law of the sea.26 The evolution of the law concerning the continental shelf, exclusive economic zones and the phenomenon of the State s ... international law approach The international law approach influences both the structure of this study and the content thereof The explanation of the structure will unfold the content in this international...

Ngày tải lên: 30/03/2014, 10:20

... Natural law and international law 53 2.4.2 Natural law and private international law 56 2.5 Historicism 61 2.5.1 Historicism and international law 61 2.5.2 Historicism and private international law ... Federal law, state law, and international law, as the exigencies of the particular case may demand’ See further 3.4.1 below Thus, private international law is a ‘branch of English law and ‘that ... where the law of England would give title to one party and the law of France would give title to the other The decision of the law of England to give title to the first party is a primary legal...

Ngày tải lên: 30/03/2014, 10:20

... Nations and the new international law The Mandate System and colonial problems The Mandate System and the construction of the non-European state Government, sovereignty and economy The mandate and the ... and the post-colonial state Development and the reform of international law Permanent sovereignty over natural resources and the New International Economic Order The 1962 Resolution on PSNR The ... imperialist international law. 13 The project, then, was to excise these colonial aspects of international law from the system of international law and to recreate a new, open and non-colonial international...

Ngày tải lên: 05/08/2014, 22:20

... as the basis for the norms of jus gentium, and internalized in that it represents the authentic identity of the Indian War, sovereignty and the transformation of the Indian War, the central theme ... of the relationship between colonialism and international law and, thereby, of international law itself 2 Finding the peripheries: colonialism in nineteenth-century international law By the ... attempts to reformulate the foundations of international law, the basic positivist position, that states are the principal actors of international law and they are bound only by that to which they have...

Ngày tải lên: 05/08/2014, 22:20

... basing the inquiry on the premise that the uncivilized were outside the law, and the positivist task was to define the terms and methods by which they were to be assimilated into the framework of law ... with them [non-Christian states], they indirectly declare that they are ready to recognize them for these parts as International Persons and the subjects of the Law of Nations’, Oppenheim, International ... of England, quickly proceeds to affirm that ‘our actual England is regulated by law .88 Law, then, is the preserve of England; and while other remote societies may appear to have their own laws,...

Ngày tải lên: 05/08/2014, 22:20

... challenged the positivist idea that international law is the law governing states and that states are the only actors in international law. 35 Second, and more importantly, the existence of the League ... one another’.240 A century later, international law is defined by Henkin and his colleagues in their major textbook on the subject as the law of the international community of states’.241 The notion ... after the First World War My interest here lies in the challenge that the new international law of pragmatism posed to the formalist and to the now-discredited theory of positivist international law...

Ngày tải lên: 05/08/2014, 22:20

... o n s 147 The Mandate System and the construction of the non-European state The mandates and the problem of sovereignty The primary novelty of the Mandate System for many jurists of the interwar ... for the Mandate System, as the native’s deficiency must in some way be remedied In the colonial setting, then, the grand themes of law and politics played themselves out, not in the attempts of international ... administering their particular territories as imagined, in elaborate and vivid detail, by the bureaucrats of the League The sociology of the non-European state and the new international law The Mandate...

Ngày tải lên: 05/08/2014, 22:20

... through the enforcement of the laws but rather by defining the normal, the standard and the truth against which deviations are identified and then remedied.275 Sovereignty and native will The mandate ... ‘Sovereignty is the most treasured possession of the newly independent States On the one hand, it makes them the master of their own house, and on the other hand, it provides them with a legal shield ... position: the aim was to reform international law rather than dispense with it Indeed, it was through the use of international law itself that the new states sought to further their own interests and...

Ngày tải lên: 05/08/2014, 22:20

... sovereignt y and the post-colonial state 243 of the law of Kuwait’ and, further, that ‘general principles of international law are part of public international law .120 The international law that proclaims ... between metropolitan states and investors on the one hand, and the new states on the other Sources doctrine was the crucial arena of contestation in the attempts to develop this law, because many ... the principles embodied in this international law of contracts derived from ‘general principles of law One of the aspirations of the new states was to expand the range of international law and...

Ngày tải lên: 05/08/2014, 22:20

... with the ideals that inform them the ideals of ‘good governance’, the ‘rule of law and ‘democracy’ Rather, the attempt here is to contest imperial versions of these ideals, and to seek their ... societies capable of withstanding the demands of the ‘modern world’ are undermined by the system of economic relations the mandate creates The function of the rule of law in the colonies, Furnivall ... tradition, on the one hand, but between the different and ultimately conflicting goals of the Mandate System, political independence on the one hand, and economic subordination on the other A failure...

Ngày tải lên: 05/08/2014, 22:20

... to transform the old, Eurocentric, international law into an international law responsive to the needs, the interests and the histories of the developing world In the 1960s and 1970s these jurists, ... undermined, international human rights law, international humanitarian law and, most significantly, the law relating to the UN Charter and the use of force.99 And just as the novelty of the threat ... whether the actions of the Security Council could be reviewed by the ICJ and whether in fact the Security Council was bound in any way by international law, and the question of the powers of the...

Ngày tải lên: 05/08/2014, 22:20