... Nations and the new internationallaw The Mandate System and colonial problems The Mandate System and the construction of the non-European state Government, sovereigntyand economy The mandate and ... page intentionally left blank Imperialism, Sovereigntyand the Making of InternationalLaw This book examines the relationship between imperialismandinternationallaw It argues that colonial ... Rights and Duties Among States Colonialism and the emergence of transnational law Sources of lawandinternational contracts Overview and conclusions Governance and globalization, civilization and...
... Nations and the new internationallaw The Mandate System and colonial problems The Mandate System and the construction of the non-European state Government, sovereigntyand economy The mandate and ... page intentionally left blank Imperialism, Sovereigntyand the Making of InternationalLaw This book examines the relationship between imperialismandinternationallaw It argues that colonial ... Rights and Duties Among States Colonialism and the emergence of transnational law Sources of lawandinternational contracts Overview and conclusions Governance and globalization, civilization and...
... colonialism andinternational law, e.g., R P Anand, New States andInternationalLaw (New Delhi: Vikas Publishing House, 1972), Taslim O Elias, Africa and the Development of InternationalLaw (Leiden: ... of internationallaw is titled The Science of International Law: Its Task and Method, see Oppenheim, The Science of InternationalLaw 60 Ibid., p Lawrence, The Principles of International Law, ... extremely eminent international lawyers, and Oppenheim’s InternationalLaw continues to be, in all likelihood, the most authoritative and distinguished treatise on internationallaw in the English...
... another International Persons and subjects of International Law. ’ Oppenheim, International Law, p 110 See ibid., pp 154 156 Lawrence, The Principles of International Law, p 58 60 i m p e r i a ... 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, ... (Gong, Standard of ‘Civilization’, p 60) Westlake, Chapters on the Principles of International Law, p 144 See Hall, A Treatise on International Law, pp 82 83 See also Oppenheim, International Law, ...
... discipline as a whole Lawrence’s definition of internationallaw reflects both the view prevalent at the time and the fundamental nexus between race and law: Internationallaw may be defined as ... a l l aw and institutions rather than despite internationallawand institutions, then it may become important to reassess the relationship between internationallawand Third World sovereignty ... for international law, since positivists had inflicted 34 35 36 37 J Morgenthau, ‘Positivism, Functionalism andInternationalLaw , (1940) 34 American Journal of InternationalLaw 260 McNair, International...
... sociological internationallaw comes into being, then, through international institutions that profoundly expand the technologies of internationallaw that are applied uniquely to the mandate territories ... new internationallaw called for by Alvarez and Hudson This is the system that addresses Alvarez’s concern to develop a link between social reality andinternational law, between ‘what is’ and ... have relied and which focuses specifically on the Mandate System, see Siba N’Zatioula Grovogui, Sovereigns, Quasi Sovereigns, and Africans: Race and Self-Determination in InternationalLaw (Minneapolis,...
... toward internationallawand affairs’ Anand, New States andInternational Law, p 51 Further, Anand argues that ‘there is no noticeable tendency amongst Asian and African states to regard international ... ranging from common and civil law systems, Hindu law, Jewish law, Chinese and Japanese law. 9 Further, and equally importantly, jurists from the new states, such as Anand, Castaneda and Sinha, while ... prominent Western and non-Western jurists of the period, including Friedmann and Elias, Jenks, Roling and Anand, Fatouros, Abi-Saab and Castenada, McDougal and Falk Internationallaw had served...
... ‘transnational law , a system that comprised a complex combination of domestic law, private internationallawand public internationallaw As the developing field of transnational law was in many ... municipal internationallaw applied to the contract The three categories of law recognized by the PCIJ in the 1929 Serbian Loans Case public international law, private internationallawand municipal ... embodiment of transnational law, was variously termed the internationallaw of contracts’ andinternational commercial law ;86 or, more broadly, when internationallaw was established as governing...
... theory andinternational law, ‘Symposium, Critical Race Theory andInternational Law: Convergence and Divergence’, (2000) 45 Villanova Law Review 827 970; on Lat crit theory, see ‘Colloquium, International ... Capitulations?” International Law, Structural Adjustment Policies, and the Standard of Liberal, Globalized Civilization’, 35 Texas InternationalLaw Journal 387 (2000) It is general internationallaw which ... term coined and put into circulation to justify and excuse hatred, cruelty, violence and massacre Who decides what is just and unjust? The mighty and victorious are ‘just’ and the weak and defeated...
... internationallaw combined with the task of bridging this gap, provided internationallaw with a dynamic that shaped the character of sovereignty and, more broadly, of internationallawand ... of International Law3 5 44 Byers, Michael, ‘Terrorism, the Use of Force andInternationalLaw after 11 September’, (2002) 51 Internationaland Comparative Law Quarterly401 414 Byers, Michael and ... Oppositional and Transformative Social Projects in InternationalLaw , (1999) Buffalo Human Rights Law Review107 174 InternationalLawand Eurocentricity’, (1998) European Journal of International Law1 84...
... contracts, 238 internationallaw principles, 200, 320 inter-war international law, 146 and native labour, 165 166 naturalist international law, 32, 33, 34, 52, 54 positivist international law, 52, ... Social Movements, and the Expansion of International Institutions’, (2000) 41 Harvard InternationalLaw Journal529 578 InternationalLawand the Development Encounter: Violence and Resistance at ... Neo-Liberalism and the InternationalLaw on Foreign Investment’, in Antony Anghie, Bhupinder Chimni, Karin Mickelson and Obiora Okafor (eds.), The Third World andInternational Order: Law, Politics and...
... trajectories that internationallaw might now follow The Iraq War andInternationalLaw Edited by PHIL SHINER AND ANDREW WILLIAMS OXFORD AND PORTLAND, OREGON 2008 Published in North America (US and Canada) ... Counter-proliferation: Lawand Policy of the Iraq Intervention 55 Daniel H Joyner The Iraq War: Issues of International Humanitarian LawandInternational Criminal Law 95 Nicholas Grief International ... Table of Legislation xxi The Iraq War andInternational Law: By Way of an Introduction Andrew Williams The Iraq War, InternationalLawand the Search for Legal Accountability ...
... history of internationallawandinternational relations of the early modern era and the twentieth century, as well as more specifically on treaty lawand the laws of war PEACE TREATIES ANDINTERNATIONAL ... the InternationalLaw of Christianity to the InternationalLaw of the World Citizen’, Journal of the History of InternationalLaw (2001), 180–93 4 randall lesaffer whole sixteenth century and ... neglect of the history of internationallaw are many and much debated.2 Paramount among them is – or was? – the dominance of national states and national law This caused lawyers and legal historians...
... Community lawandinternationallaw affect each other? This question can be approached from two sides First, the way internationallaw may affect Community law (1a): how can rules of internationallaw ... Netherlands) Human Rights Committee House of Lords of England in the same place that is International Court of Justice Internationaland Comparative Law Quarterly International Journal of Refugee Law ... interpretation and application of this internationallaw I describe and analyse the rights and obligations laid down in the Community measures, and compare them to those set out in internationallaw The...
... loss of life.16 InternationalLaw The Law of Nations Law attempts to govern war, as it does most human endeavors Internationallaw governs interaction among nations Internationallaw primarily ... guidelines, rules of engagement, and policy When one begins to examine the relationship between information warfare and the law, especially internationallawand the law of war, it immediately becomes ... Warfare andInternationalLaw Chapter 3: Responding to Information Warfare Attacks: International Legal Issues and Approaches 21 Chapter 4: Conclusion—Reconciling Technology and International...
... meld (for example, civil lawand common law methodologies), then migrate into the international order and there crystallize into the normalized methods of internationallaw These transplants then ... 521 87089 Atrocity, Punishment, andInternationalLaw mark a drumbl Class of 1975 Alumni Professor Director, Transnational Law Institute School of Law, Washington and Lee University iii March 14, ... Georgia, Case Western, and Wilfrid Laurier Parts of the project also were presented at meetings of the American Society of International Law, International Studies Association, Lawand Philosophy Association,...
... School’ Lawandinternational relations 24 31 Power andinternationallaw Power and the debate about whether resolutions and declarations constitute State practice Power and the scope of international ... maintenance and change of customary internationallaw By doing so, it hopes to assist both international lawyers andinternational relations scholars better to understand how lawand politics ... Max-Planck-Institute for Comparative Public LawandInternational Law, Heidelberg Custom, Power and the Power of Rules International Relations and Customary InternationalLaw Michael Byers ...
... Governance and the Changing Face of InternationalLaw (2001), “Using Military Forces under International Auspices and Democratic Accountability” (2001), and “American Lawyers andInternational ... (1996); The Law of International Organisations (1996); InternationalLawand Armed Conflict (with H McCoubrey) (1992); and The United Nations and the Maintenance of International Peace and Security ... on international organization and law, international political economy, international environmental politics, and African politics She is a member of the International Studies Association and...
... new international system and the role of internationallawand the institutions in it How these changes affect the structure of and the correlation of forces in the internationalINTERNATIONAL LAW, ... the Internationaland Comparative Law Quarterly and the Modern Law Review for their permission to use material from my two articles published in these journals Introduction Internationallawand ... the Cold War: Internationallawand politics at a crossroads Internationallaw in the international system 1 The role of the nation-state in the international system The Cold War international...