the concept of international law

... 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, ... discipline of international law is further reflected by the structure of many of the major textbooks of international law, which introduce the subject by outlining the problem ... League of Nations 115 Introduction 115 The creation of the Mandate System 119 vii viii c ontents TheLeagueofNationsandthenewinternationallaw123 The Mandate System and colonial problems 136 The Mandate

Ngày tải lên: 05/08/2014, 22:20

... on the exceptional 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 ... sovereign rather than the Pope. Vitoria further undermines the position of the Church by refuting another justification for Spanish conquest of the Indies: the argument that ? ?the Emperor is lord of the ... international law among the sciences’,57 and international lawyers of the period invariably refer to the ‘science’ of international law. 58 The positivist selfimage of

Ngày tải lên: 05/08/2014, 22:20

... jurists such as Lawrence ‘diverted attention from the positivist vision of law as force, and reorganised international law around the theme of order to reassure thereader of viability of the discipline’s ... 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 ... classes and the dissolute members of the aristocracy of the imperial centre: 94 On these efforts and the importance attached to them, see Oppenheim, ? ?The Science of International Law? ??, 313; Koskenniemi,

Ngày tải lên: 05/08/2014, 22:20

... the aforesaid territo- ries [the conventional Basin of the Congo] bind themselves to watch over the preservation of the native tribes, and to care for the improvement of the condi- tions of their ... was the exclusive 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 ... international law foundations of the discipline, the ostensibly neutral concepts of ? ?law? ??, ‘society’ and ‘sovereignty’. The ‘order’ paradigm, then, cannot give any account of the role of race and

Ngày tải lên: 05/08/2014, 22:20

... supervising the operation of the system Once the basic framework of the Mandate System had been established, it was the PMC that had the task of ensuring the progress of the mandate ... international law remained unchallenged by the new international law of the mandates that now presumed the triumph of European international law and the unequal international ... argue that these correspond closely with the ideas of advocates of the new international law It is in the unique circumstances of the Mandate System -unique because of the connection

Ngày tải lên: 05/08/2014, 22:20

... rather than 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 ... (citing the PMC’s statement from the Third Session). the mandate system of the league of nations 177 the existence of grievances such as the lack of native participation in the Mandate System ? ?the ... societies. Rather, the dominance of the eco- nomic, as discussed, profoundly altered the whole system of legitimacy, of authority, and of the meaning that held mandate societies together. The doctor

Ngày tải lên: 05/08/2014, 22:20

... and the post-colonial state 243 of the law of Kuwait’ and, further, that ‘general principles of international law are part of public international law .120 The international ... purposes of dealing... a law by which the law of the Third World state is in effect selectively replaced by the law of England through the invocation of ‘general principles of ... Statute of the International Court of Justice which mentions general principles as a source of law As Abi-Saab argued: This source of international law is very... Law of the

Ngày tải lên: 05/08/2014, 22:20

... examination of the Bank and its attempts to further the project of ‘good governance’. The Bank is the major development institution in the international system and, further, 34 Susan Marks, The Riddle of ... opposed to the provision of the basic welfare services nec- essary for survival. 51 Further, the Articles of Agreement of the Bank, the constituent document of the organization, require the Bank ... by the system of economic relations the mandate creates The function of the rule of law in the colonies, Furnivall observed, was to further commerce; this version of the

Ngày tải lên: 05/08/2014, 22:20

... Journal of International Law3 05 314 Alexandrowicz, C H., ‘Doctrinal Aspects of the Universality of the Law of Nations’, ( 196 1) 37 British Yearbook of International Law5 06... ... in the discipline since at least the time of Vitoria. The vocabulary of international human rights law, democ- racy and the rule of law and, indeed, market oriented economies have now become the ... its invocation of a very old set of ideas, those of the ‘civiliz- ing mission’, thus affirming the enduring hold of these formations on thestructure and imagination of international law. As David

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) ... 1946) Norton, Patrick M., ? ?Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, (1991) 85 American Journal of International Law4 74 505 Nussbaum, Arthur, ... The Carnegie Endowment, 1921) Lauterpacht, Hersch, The Function of Law in the International Community (Oxford: Clarendon Press, 1933) ? ?The Mandate Under International Law in the Covenant of the

Ngày tải lên: 05/08/2014, 22:20

... characterized the 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 ... points is of course the problem of all theories of war: de facto, there is no international sovereign to regulate the actions of sovereign states A reinterpretation of Vitoria’s idea of the bellum ... cannot allow institutions to have In the age of the nomos of the code, there is always a danger of fulfilment of tautological destiny, of the age becoming the age of absolute, unhedged power, in which

Ngày tải lên: 08/01/2020, 11:03

... behalf of the U.S Treasury and in Kazakhstan and Azerbaijan on behalf of the International Monetary Fund THE LIMITS OF LEVIATHAN Contract Theory and the Enforcement of International Law ROBERT ... describe both the law and economics of contracts as well as the separate discipline of the economics of contract) explains much of current practice regarding the enforcement of international law Seeking ... Investment and the Business Environment in Developing Countries: The Impact of Bilateral Investment Treaties (2005) Joel P Trachtman, The Theory of the Firm and the Theory of International Economic

Ngày tải lên: 30/03/2020, 19:50

... FACULTY OF LAW HANOI LAW UNIVERSITY THE LẴGAL ỈSSUES OF SHIP REGISTRATION lisr VỈETNAM IN COMPARISON WITH THE REQUIREMENT OF INTERNATIONAL LAW SPECIALTY: INTERNATIONAL AND COMPARATIVE LAW CODE: ... 60 38 60 MASTER OF LAW THESIS STUDENT: NGUYEN CONG BANG thư v iệ n TRƯỜNG ĐA! HOC LUẬT HÀ NƠI PHĨNG s v ơJ SUPERVISORS: DR BUI XUAN NHU DR.PROF.LARS-G MALMBERG HA NOI - 2004 The ỉagal issues ... DR.PROF.LARS-G MALMBERG HA NOI - 2004 The ỉagal issues o f ship registratitìn in Vietnam in com parison m th the requirem ent

Ngày tải lên: 16/08/2020, 15:14

... “Threat or Use of Force at Sea - Assessing the Adequacy of the Convention on the Law of the Sea”, Master thesis in Law of the Sea, Faculty of Law – The Arctic University of Norway 55 Southeast Asian ... overview of the notion By approaching these concepts with the distinctive purposes of this Thesis, these contents are the very starting point for further research about the concepts of the use ... with the Statement of the Chair of the Drafting Committee on “Peremptory norms of general international law (jus cogens)” These ILC’s documents enhance understanding of the author of this Thesis

Ngày tải lên: 04/11/2020, 16:07

... 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, ... to the history of international law, illuminating the imperial character of the discipline and its enduring significance for peoples of the Third World. antony anghie is Professor of Law at the ... sovereign rather than the Pope. Vitoria further undermines the position of the Church by refuting another justification for Spanish conquest of the Indies: the argument that the Emperor is lord of the...

Ngày tải lên: 19/02/2014, 05:20

... 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 of ... 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 ... 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...

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 ... Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field: Commentary (ICRC, Geneva, 1952) table ofconventions xlvii 1993 Convention on the Prohibition of the ... 95/46/EC (Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on xxxiv table ofconventions Art. 25 6,...

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 ... 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 norms, the question of the kind of norms created 27 See ... THE PHILOSOPHY OF INTERNATIONAL LAW SECTION I HISTORY OF THE PHILOSOPHY OF INTERNATIONAL LAW 1 State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the...

Ngày tải lên: 16/03/2014, 13:20

... of analogical reasoning, the court compares the relative strength of two sets of facts – the facts of the precedent case and the facts of a new case now under consideration. If the facts of the ... that the ratio sets out the factors that ground the reason(s) in favor of the result: the later court must determine the strength of the reason in favor of the 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 distinguishing precedents...

Ngày tải lên: 01/11/2013, 08:20

... feature of the 1994 reference to the aim of ‘optimal use of the world’s resources’ as opposed to the 1947 objective for the use of the ‘full resources of the world’. References to human rights and the ... models of law and norms are characteristic of what people often mean when they use the word ‘globalisation’. 251 The return of universalist law 172 See Rajagopal, International Law, ch. 4, on the ... historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe 50 The passionate sources of personal moral...

Ngày tải lên: 01/11/2013, 08:20