... FBAWhewell Professor ofInternational Law, Faculty of Law, andDirector, Lauterpacht Research Centre for International Law, University of CambridgeJohn S. Bell FBAProfessor of Law, Faculty of Law, ... to the history of international law, illuminating the imperial character ofthe disciplineand its enduring significance for peoples ofthe Third World.antony anghie is Professor ofLaw at the ... sovereign ratherthan the Pope.Vitoria further undermines the position ofthe Church by refutinganother justification for Spanish conquest ofthe Indies: the argumentthat the Emperor is lord of the...
... 213.9 The politics ofinternationallaw international law. The end ofthe Cold War, and the attendant talk of a ‘new world order’, the triumph of liberalism, and the regulatory im-peratives of ... internationallaw several questions are left unan-swered, such as the obligatory force of legal rules, the uniqueness of the modern institution ofinternational law, the role oflaw in legitima-tion ... dimension ofthe cosmopolitanisation of international law, another is the creation ofinternational judicial insti-tutions for the prosecution of crimes against humanity, genocide, andacts of aggression,...
... January 1976ICJ International Court of JusticeICJ Reports Reports oftheInternational Court of JusticeICLQ International and Comparative Law QuarterlyICRC International Committee ofthe RedCrossICRC ... Conventionfor the Amelioration ofthe Condition of the Wounded and Sick in ArmedForces in the Field: Commentary(ICRC, Geneva, 1952)table ofconventions xlvii1993Convention on the Prohibition ofthe ... 95/46/EC (Directive 95/46/EC of the European Parliament and ofthe Council on the protection of individuals with regard to the processing of personal data and onxxxiv table ofconventionsArt. 25 6,...
... oflaw such as criminal law, contract law, and thelawof torts, or spe-cific types of law, such as municipal state law, judge-made law, and customary law. 2 The philosophy ofinternationallaw ... of customary law. In the context of the discussion ofthe processes ofinternational law- making and hence of the sources or identification of its norms, the question ofthe kind of norms created27See ... THE PHILOSOPHY OF INTERNATIONAL LAW SECTION I HISTORY OFTHE PHILOSOPHY OF INTERNATIONAL LAW 1 State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the...
... FBAWhewell Professor ofInternational Law, Faculty of Law, andDirector, Lauterpacht Research Centre for International Law, University of CambridgeJohn S. Bell FBAProfessor of Law, Faculty of Law, ... interna-tional law is further reflected by the structure of many ofthe majortextbooks ofinternational law, which introduce the subject by outlin-ing the problem and offering some sort of solution ... problem, and the critiques of these attempts have, on the whole, constituted the central theoretical debate ofthe discipline.6 The defining character of this problem to the whole discipline of interna-tional...
... maximize their own preferences,rather than those ofthe citizenry. Often the preferences of these public of- ficials are assumed to be political support, either in the form of votes or in the form of ... equilibria of compliance with a rule of customary inter-national law. This is a general theory ofthe binding nature of international law, and more specifically ofthe capacity of customary international ... of the commons, may develop.25With the rise of public law herein, simply law that is mandatory the mandatory character of this law may be taken as anexpression ofthe increasing value to the...
... of analogical reasoning, the court compares the relativestrength of two sets of facts – the facts ofthe precedent case and the facts of a new case now under consideration. If the facts ofthe ... that the ratio sets out the factors that ground the reason(s) in favor ofthe result: the later court must determine the strength ofthe reasonin favor ofthe result in the precedent on the basis ... precedents can be seen as the reverse of expansion of precedents on the basis of similarity: here, the court limits the effect of precedents on the basis of dissimilarity. The process of distinguishingprecedents...
... feature of the 1994 reference to the aim of ‘optimal use ofthe world’s resources’ asopposed to the 1947 objective for the use ofthe ‘full resources ofthe world’.References to human rights and the ... models oflaw and norms are characteristic of what people often meanwhen they use the word ‘globalisation’.251 The return of universalist law 172See Rajagopal, International Law, ch. 4, on the ... historic importance ofthe ending ofthe division of the European continent and the need to create firm bases for the construction of the future Europe50 The passionate sources of personal moral...
... pairs The results refer to the estimation of system (14) by one stage GMM estimation with the optimal weighting matrix being the unity matrix. The estimated coefficients ofthe system of equations ... the domestic country and the US for bonds. Standard errors are reported in parenthesis. J-Stat denotes the p-value ofthe J-statistic to test the null hypothesis that the overidentifying restrictions ... The US SDF and estimated expected excess returns The results refer to the estimation of system (16) by one stage GMM estimation with the optimal weighting matrix being the unity matrix. The...