define the term private international law

... common law The English common law resisted the spread of Roman law which founded the civil law systems, and with it the ideas of the statutists on private international law. 53 The common law therefore ... The private history of international law 26 2.1 Introduction 26 2.2 The origins of private international law 28 2.2.1. Roman law 29 2.2.2. The statutis ts 30 2.2.3. The common law 36 2.3 The ... 17 1.4.3. Private international law rules as secondary rules 19 1.5 The components of private international l aw 20 1.6 The international character of private international law 23 1.7 Outline 24 2 The...

Ngày tải lên: 30/03/2014, 10:20

... between the origins of international law and the colonial encounter in these, the first teachings on international law? Further, what does an examination of these origins suggest about the relationship ... law whether natural or human inevitably diminishes the power of the Pope, for these secular systems of law are administered by the sovereign rather than the Pope. Vitoria further undermines the ... from them to interfere with the peace and well-being of the aborigines, the latter nevertheless persist in their hostility and do their best to destroy the Spaniards, they can make war on the...

Ngày tải lên: 19/02/2014, 05:20

... that leave them ill-equipped to comprehend issues as funda- mental as the expanding corpus of international law, the obligatory force of that law, the way in which the weak can employ the law as ... divided the United States from the large majority of other states that voted to adopt the Rome Statute of the Court, in partic- ular the role of the Security Council, the powers of the prosecutor, the questions ... volume, p. 213. 9 The politics of international law international law. The end of the Cold War, and the attendant talk of a ‘new world order’, the triumph of liberalism, and the regulatory im- peratives...

Ngày tải lên: 07/03/2014, 11:20

... contents 2.2.3 Meeting the legality threshold: preliminary conclusions on customary international law? 40 2.3 Filling the gap? Terrorism and other international legal norms 41 2.4 Conclusion 44 3International ... relating to the fight against terrorism 58 3.2 Responsibility of non-state actors in international law 61 3.2.1 Criminal law 62 3.2.2 International humanitarian law 63 3.2.3 Human rights law? 64 3.3 ... Court of Justice ICJ Reports Reports of the International Court of Justice ICLQ International and Comparative Law Quarterly ICRC International Committee of the Red Cross ICRC Commentary to AP I...

Ngày tải lên: 16/03/2014, 13:20

... of law such as criminal law, contract law, and the law of torts, or spe- cific types of law, such as municipal state law, judge-made law, and customary law. 2 The philosophy of international law ... responsibility. The other contributions address problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international ... SOURCES OF INTERNATIONAL LAW 7 Theorizing the Sources of International Law 163 Samantha Besson 8 The Sources of International Law: Some Philosophical Reflections 187 David Lefkowitz SECTION V INTERNATIONAL...

Ngày tải lên: 16/03/2014, 13:20

... relations between the Spanish and the Indians. Colonialism is the central theme of these two works designated as the founding texts of international law. It is hardly possible to ignore the fact that ... on the basic themes presented in that initial article. 3 These are the beginnings of this book, which examines the historical relationship between international law and the ‘Third World’ 4 the ... have, on the whole, constituted the central theoretical debate of the discipline. 6 The defining character of this problem to the whole discipline of interna- tional law is further reflected by the...

Ngày tải lên: 05/08/2014, 22:20

... work as considering the place of international law among the sciences’, 57 and international lawyers of the period invariably refer to the ‘science’ of international law. 58 The positivist self- image ... international law is titled The Science of International Law: Its Task and Method, see Oppenheim, The Science of International Law. 59 Lawrence, The Principles of International Law, p.94. 60 Ibid., ... from them to interfere with the peace and well-being of the aborigines, the latter nevertheless persist in their hostility and do their best to destroy the Spaniards, they can make war on the...

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Ngày tải lên: 18/08/2014, 04:28

... generate international law. Of the relevant developments within the discipline of international law, perhaps the most interesting involves the fact that a small but growing number of international lawyers ... in these areas,no international lawyer doubts that there is a body of law which applies to them. I stumbled into the quagmire of customary international law very early in my legal career, in the ... ‘influenced’ by international law, but in the great affairs of state, and in particular in relation to the use of force. There was tension between the claim of international law, as embodied in the Charter...

Ngày tải lên: 19/02/2014, 06:20

... Article 15 of the Statute of the International Law Commission defines codification as the more precise formulation and systematization of rules of international law in fields where there already ... subsequently codified in the Principles of Law Recognized in the Charter of the Nuremberg Tribunal and the Judgment of the Tribunal 46 as well as numerous other international instruments. 47 ... International Law, 41, 220–21 (1947). 46 See ‘Principles of Law Recognized in the Charter of the Nuremberg Tribunal and Judgment of the Tribunal.’ Adopted by the UN International Law Commission,...

Ngày tải lên: 19/02/2014, 06:20

... of the facts at the time when the decision has to be made. The attempt to impose obligations of this kind will either end in their being nugatory or in the destruction of the League itself. The ... democracies. The historically undemocratic character of international relations and international law exacerbates the task of realizing the tenet of majority rule in international institutions. International ... Crawford, “Democracy and International Law (1994) 64 The British Yearbook of International Law 118. Democratic Accountability and the Use of Force in International Law Edited by Charlotte Ku...

Ngày tải lên: 07/03/2014, 11:20