definition of international law by different scholars

... International Law ILP WP 05/01 PRINCIPLES OF INTERNATIONAL LAW ON THE USE OF FORCE BY STATES IN SELF-DEFENCE This publication contains: I Principles of International Law on Self-Defence ... application of international law to the use of force by states A questionnaire was sent to a small group of international law academics and practitioners and international relations scholars in ... has no basis in international law A fatal flaw in the so-called doctrine of prevention is that it excludes by definition any possibility of an ex post facto judgment of lawfulness by the very fact

Ngày tải lên: 18/10/2022, 13:33

... dependence of the law of nations on the law of nature’ Lorimer, The Institutes of the Law of Nations, p 23 See ibid., pp 19 27 Lassa Oppenheim, The Science of International ... Elements of International Law, p 10 (footnote omitted) 67 Ibid Wheaton, Elements of International Law, p 10 Wheaton, Elements of International Law, p 10 Montesquieu offers a further ... the Principles of International Law, p vi Thus Oppenheim’s notable attempt to define the project of international law is titled The Science of International Law: Its Task and

Ngày tải lên: 05/08/2014, 22:20

... 142 Ibid., p 59 Lawrence, The Principles of International Law, p 58 Lawrence, The Principles of International Law, p 84 On this occasion, by the Treaty of Paris of 1856, Turkey ... societies and international law; and it is by asserting the validity of primitive societies governed by custom, the principal source of international law, that international law is estab- lished as ... discipline of international law, were attacking Austin for privileging one very specific meaning of the word ? ?law? ??. 93 Foradiscussion of Maine’s work in this context, see Walker, A History of the Law of

Ngày tải lên: 05/08/2014, 22:20

... character of the international system, a number of eminent international lawyers voiced concern about the dilution, because of these new states, of an international law which ... creation of the Mandate... Brierly, The Shortcomings of International Law , (19 24) 5 British Yearbook of International Law 4 For a more historical account, see McNair, International ... preserve of Europe was enabled by an elaboration of the concept of ‘society’. Law properly prevailed only among the members of society. Consequently, for the positivists, the concept of law was

Ngày tải lên: 05/08/2014, 22:20

... feature of nineteenth-century international law remained unchallenged by the new international law of the mandates that now presumed the triumph of European international law ... condemnation of colonialism was shared by a number of important international lawyers. 126 Further, jurists of the League period, including Wright and Lindley, 127 pointed out that many of their ... sovereignty and international law state. 85 Here, then, sovereignty was to be studied not in the context of theproblem of war and of collective security, but in a very different constellation of relationships

Ngày tải lên: 05/08/2014, 22:20

... that of the Western/European states alone, and the creation of such a system of law would in itself resolve the secondary problem of whether the rules of international law ... idea of the scale of exploitation is suggested by the fact that in 1928, the people of Nauru received 2.6 per cent of the value of their phosphates. Ibid.atp.235. It is likely that studies of the ... universal By the end of the 1 2 R P Anand, ‘Role of the “New” Asian African Countries in The Present International Legal Order’, (1 962 ) 56 American Journal of International Law

Ngày tải lên: 05/08/2014, 22:20

... source of law As Abi-Saab argued: This source of international law is very... Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, ... the law. .. 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 ... concession not governed by the law of Abu Dhabi, but it could, rather, be governed by the law of England because that law represented the ‘modern law of nature’ As mentioned, these...

Ngày tải lên: 05/08/2014, 22:20

... to regulation by international law, govern- ment in non-European states was a matter which international law could dictate. It must be noted that the purpose of this exercise was often to grant ... formulation of Third World economic policies. The IFIs are creations of international law, specifically, international treaty law. Their constituent documents, their respective Articles of Agreement, ... System of Capitulations?” International Law, Structural Adjustment Policies, and the Standard of Liberal, Globalized Civilization’, 35 Texas International Law Journal 387 (2000). 41 It is general international

Ngày tải lên: 05/08/2014, 22:20

... F. Vagts, ‘Hegemonic International Law? ??, (2001)95American Journal of International Law 843 848 at 845. 292 imperialism, sovereignty and international law legal scholars, but by the United Nations ... violation of them. International law can be said to operate only among liberal states, while non-liberal states operate in a zone of lawlessness, untrammelled either by international or by domestic law ... American Society of International Law Proceedings84 90 The Proper Role of International Law in Combating Terrorism’, (2002) 1 Chinese Journal of International Law3 05 314 Alexandrowicz,

Ngày tải lên: 05/08/2014, 22:20

... ‘When Was the Law of International Society Born? An Inquiry of the History of International Law from an Intercivilizational Perspective’, 2 Journal of the History of International Law (2000) 1 ... ‘Asia’s Different Standard’, (1993) 92 Foreign Policy24 41 Kennedy, David, ‘The Disciplines of International Law and Policy’, (1999) 12 Leiden Journal of International Law9 133 ? ?International Law ... Doctrine of the Legal Equality of States: An Inquiry into the Foundations of International Law (Leiden: Sijthoff, 1964) Korman, Sharon, The Right of Conquest: The Acquisition of Territory by Force

Ngày tải lên: 05/08/2014, 22:20

... anisotropic orientation of the wires. Discussion The viability of the three types of cells is not significantly compromised by the internalization of the nickel nanowires. The cytotoxicity of metallic nickel ... ratio of 1:15, hence it seems likely that the surface of the wires is coated with a layer of nickel oxide which is approximately 3–4 nm thick, with a certain amount of Al 2 O 3 . The absence of ... BioMed Central Page 1 of 11 (page number not for citation purposes) Journal of Nanobiotechnology Open Access Research Internalization of ferromagnetic nanowires by different living cells Adriele

Ngày tải lên: 11/08/2014, 00:22

... SEMIOTICS OF INTERNATIONAL LAW Law and Philosophy Library VOLUME 91 Series Editors: FRANCISCO J LAPORTA, Department of Law, Autonomous University of Madrid, Spain FREDERICK SCHAUER, School of Law, ... with the goals of the text that they shape Doctor in International Law from the University of São Paulo (USP), Brazil Professor of International Law at the Getúlio Vargas Foundation Law School (FGV ... and encompasses a number of different situations The language of the law has, therefore, specific meanings, and these may have different shades within each field of the law It is the field’s respective

Ngày tải lên: 09/02/2018, 10:06

... the idea of bellum iustum.48 The main problem of all of those points is of course the problem of all theories of war: de facto, there is no international sovereign to regulate the actions of sovereign ... golden age of discovery Through the gateway of digital communication, everything is up for grabs The age of the nomos of the code is always in danger of in toto replacement of the law (nomos) by the ... Testimony of Men skilled in the Laws.”3 In the nineteenth century, and in the absence of a belief in a natural or divine law underpinning all legal norms, the law of nations became, in effect, the law

Ngày tải lên: 08/01/2020, 11:03

... its invasion by Italy in 1935 in violation of the then established law of international relations in the form of Articles X to XII of the Z Yihdego (*) School of Law, University of Aberdeen, ... and International Law Commission (ILC), Washington, DC, USA Prof Dr Makau Mutua, The State University of New York (SUNY) Buffalo Law School, Buffalo, NY, USA Prof Dr John Paterson, University of ... The Ethiopian Yearbook of International Law (EtYIL) is a peer-reviewed academic journal that publishes scholarly works of the highest standard in the field of international law broadly defined,

Ngày tải lên: 08/01/2020, 11:04

... FBA Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S. Bell FBA Professor of Law, Faculty of Law, ... gov- erned by divine law. As Vitoria’s jurisprudence suggests, the medieval Western world relied on three different types of law; divine law, human law and natural law. 11 Of these, divine law was ... his own version of secular international law. Secondly, I focus on the techniques by which Vitoria creates a universally binding system of law by evoking a notion of natural law; this system...

Ngày tải lên: 19/02/2014, 05:20

... field of International Humanitarian Law, the four 1948 Geneva conventions (Art. 49 of I – BOE of 23.7.52, Art. 50 of II – BOE of 26.8.52, Art. 129 of III – BOE of 5.9.52 and 146 of IV – BOE of 2.9.52) and ... sup- pression of unlawful acts against the safety of maritime navigation (Art. 6.4 – BOE of 24.4.92) and its protocol of the same year for the suppression of unlawful acts against the safety of fixed ... sus- pect is outside of the boundaries of the country in question. In addition to the case of Belgian law 1993/1999 on the persecution of serious infractions of International Humanitarian Law, 41 mention...

Ngày tải lên: 19/02/2014, 05:20

... institution of international law several questions are left unan- swered, such as the obligatory force of legal rules, the uniqueness of the modern institution of international law, the role of law in ... 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 of globalisation ... including International Organi- zation, Review of International Studies, and European Journal of International Relations. christian reus-smit is Professor and Head of the Department of International...

Ngày tải lên: 07/03/2014, 11:20

... January 1976 ICJ International 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 ... for acts of terrorism or for breach of obligations 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 ... resolution of disputes and use of force 144 5A THE LEGAL FRAMEWORK 144 5A.1 The obligation to resolve international disputes by peaceful means 144 5A.2 The use of force in international law: general...

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 ... is true of international conventional law as much as of customary law. In the context of the discussion of the processes of international law- making and hence of the sources or identification of its ... identification of international law are at the core of one type of deep scepticism about a philosophy of international law. If so-called international law is not law but an ensemble of moral, political, or...

Ngày tải lên: 16/03/2014, 13:20

... ‘Dionisio Anzilotti and the Law of International Responsibility of States’, 3 European Journal of International Law (1992) 139. Finnish Yearbook of International Law (Vol. XIV, 2003) __________________________________________________________________ 34 fragmentation, ... York University Journal of International Law and Politics (2000) 335. 18 David Kennedy, ‘The Disciplines of International Law , 12 Leiden Journal of International Law (1999) 9, at 18. 19 ... of International Law? The next question, however, is what all the trouble with Iraq has to do with international law. We might ask – as international lawyers or supporters of international law...

Ngày tải lên: 23/03/2014, 10:21