... divided the United States from the large majority of
other states that voted to adopt the Rome Statute ofthe Court, in partic-
ular the role ofthe Security Council, the powers ofthe prosecutor, the
questions ... about
the politicsofinternational law, not the ‘letter ofthelaw . It explores
how politics conditions internationallaw as an institution, and, most
17
‘Legalization and World Politics , International ... volumes. The aim ofthe series is to publish the best
new scholarship in International Studies from Europe, North America,
and the rest ofthe world.
ThePoliticsofInternational Law
adopt...
... FBA
Whewell Professor ofInternational 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, ... interna-
tional law is further reflected by the structure of many ofthe major
textbooks 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...
... FBA
Whewell Professor ofInternational 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, ... to the history of
international law, illuminating the imperial character ofthe discipline
and its enduring significance for peoples ofthe Third World.
antony anghie is Professor ofLaw at the ... sovereign rather
than the Pope.
Vitoria further undermines the position ofthe Church by refuting
another justification for Spanish conquest ofthe Indies: the argument
that the Emperor is lord of the...
...
evaluate the state of achievement of policy goals ofthe government sector only on the basis of financial data, the
member SAIs must check whether the policies have led to the achievement of their ... convergence of such standards, and reviews past
activities. (The views expressed in this paper are the personal views ofthe author and do not reflect the official view of
the Board of Audit of Japan.)
... Code of
Ethics, because the SAI’s independence from the audited entities, the transparency ofthe SAI’s organization and
management, and the ethical views ofthe staff ofthe SAI addressed by those...
... January 1976
ICJ International Court of Justice
ICJ Reports Reports oftheInternational Court of
Justice
ICLQ International and Comparative Law
Quarterly
ICRC International Committee ofthe Red
Cross
ICRC ... Convention
for the Amelioration ofthe Condition
of the Wounded and Sick in Armed
Forces in the Field: Commentary
(ICRC, Geneva, 1952)
table ofconventions xlvii
1993
Convention 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 on
xxxiv table ofconventions
Art. 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 created
27
See ... 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...
... Kennedy, The Disciplines ofInternationalLaw , 12 Leiden Journal ofInternationalLaw (1999) 9,
at 18.
19
Cf. Anthony Carty, The Decay ofInternational Law? A Reappraisal ofthe Limits of Legal ... TheInternational Responsibility of States for Breach of Multilateral Obligations’,
10 European Journal ofInternationalLaw (1999) 353.
78
Report oftheInternationalLaw Commission on the ... snare ofthe debate are by no means quite as recent. The idea of a
fragmenting internationallaw brings into question issues such as the systemic
character ofinternational law, the lack of hierarchy,...
... considering the place of international
law among the sciences’,
57
and international lawyers ofthe period
invariably refer to the ‘science’ ofinternational law.
58
The positivist self-
image of being ... 1905.
13
Westlake was Whewell Professor ofInternationalLaw in the University of Cambridge
in 1894, at the time ofthe publication of his work, Chapters on the Principles of
InternationalLaw (Cambridge: Cambridge ... Oppenheim, The Science of
International Law.
59
Lawrence, The Principles ofInternational Law, p.94.
60
Ibid., p. 1.
40 imperialism, sovereignty and internationallaw
The second section of this...
... power.
12
And for the most part, the initiators of totalitarian rule
pursued their aims in the name of some grand moral imperative – the
Aryan domination ofthe sub-human races ofthe world or the Wnal
establishment ... themselves, at the very least in the eyes of their supporters,
as legitimate interests, arguing not just the contingent existence of their
desires but the rightness and justness of their claims ... determine their
moral justiWability or lack thereof. Whether the wartime allies did enough
to assist victims ofthe Nazi holocaust; whether America should have
dropped the atomic bomb on Japan; whether...
... R,islower;
— the probability of success ofthe risky project, π,ishigher;
— the efficiency of monitoring, P, is higher and the cost of monitoring, C,islower;
— the cost of default, D, and the cost of loan ... numer-
ically. The second and third terms represent the sum ofthethe marginal pdf and the conditional
cdf.
Efficiency can be further improved if we take into account the panel structure ofthe data ... J
T
is the T ìT matrix of ones, the AR(1) coefficient |ρ| < 1 and the variance ofthe random
effect 0 ≤ σ
2
a
< 1.
38
This parameterization allows for random effects and the AR(1) structure of
the...
... 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 ... norms ofinternational law, such as rules against the use
of force, human rights laws, or international environmental laws. Rather,
this book focuses on the constitution or structure of international...
... implementation of two sets of laws: the Laws on the Reform
of the Payment Bureaux and the Civil Service Law. Chapter 4 discusses the
UNMIK administration of Kosovo, analysing the reform ofthe judicial ... implications of understandings of sovereignty for
the behaviour oftheinternational community, the distinction between the
domain ofthe state the political—and the domain of society—for example
the ... implications ofthe findings from the case studies for
the policymaking ofinternational administrations. It assesses the authority
of the three international administrations in the light of their statebuilding
practices,...