... of compliance with a rule of customary internationallaw This is a general theory ofthe binding nature ofinternational law, and more specifically ofthe capacity of customary internationallaw ... Customary InternationalLaw Game, originally published in the American Journal ofInternationalLaw Chapter draws some material from my 1996 article, The Theory ofthe Firm and the Theory oftheInternational ... represents the culmination of a number of years of study ofthe economic analysis ofinternationallaw It is not a mere restatement of my study of economic analysis ofinternationallaw over these...
... Reply ofthe Government ofthe Republic of Croatia to Subpoena Duces Tecum 10 February 1997 Judgment on the Request ofthe Republic of Croatia for Review ofthe Decision ofTrial Chamber I of 18 ... Evolution ofInternationalLaw B Classes of Wars and Belligerents Wars of National Liberation and Humanitarian Law Civil War and InternationalLawThe Spanish Civil War and the Development of Customary ... Conference on the Development ofInternational Humanitarian Lawof Armed Conflicts (1974-77)', in Italian Yearbook ofInternationalLaw (1977) 217 'Means of Warfare: the Traditional and the New Law' ,...
... S Bell FBA Professor of Law, Faculty of Law, University of Cambridge Editorial Board Professor Professor Professor Professor Professor Professor Professor Professor Professor Professor Hilary ... Thus, the emergence of a secular natural law -the natural law which was proclaimed to be the basis ofthe new internationallaw is coeval with his resolution ofthe problem ofthe legal status of ... cited as an example of this imperialist international law. 13 The project, then, was to excise these colonial aspects ofinternationallaw from the system ofinternationallaw and to recreate a new,...
... ill-equipped to comprehend issues as fundamental as the expanding corpus ofinternational law, the obligatory force of that law, the way in which the weak can employ thelaw as a power resource, the historical ... as the obligatory force of legal rules, the uniqueness ofthe modern institution ofinternational law, the role oflaw in legitimation struggles, and the progressive cosmopolitanisation ofinternational ... account of how law comes to constrain strong states; and it has no account of how weak states and other actors use thelawto shape outcomes If the scope ofinternationallaw is determined only by the...
... 43–59 International Legal Materials InternationalLaw Reports International Review ofthe Red Cross Leiden Journal ofInternationalLaw Netherlands Yearbook ofInternationalLaw Organisation of ... Commentary on the Additional Protocols of June 1977 tothe Geneva Conventions of 12 August 1949, Section II: Protocol Additional tothe Geneva Conventions of 12 August 1949, and relating tothe Protection ... 228 Hague Regulations Respecting the Laws and Customs of War on Land, Annex tothe Convention (IV) Respecting the Laws and Customs of War on Land, The Hague, 18 October 1907; Martens Nouveau Recueil...
... provinces oflaw such as criminal law, contract law, and thelawof torts, or specific types of law, such as municipal state law, judge-made law, and customary law. 2 The philosophy ofinternationallaw ... much as of customary law In the context ofthe discussion ofthe processes ofinternational law- making and hence ofthe sources or identification of its norms, the question ofthe kind of norms created ... also of customary law with conditions of customary law- making) and the existence of a rule of recognition (by reference tothe customary nature of Article 38 ofthe ICJ Statute, e.g.).31 The second...
... public internationallawThe importance ofthe topic The case study: thelawofthe World Trade Organization WTO law as ‘just’ another branch of public internationallawThe WTO legal system is ... Professor of Law, Faculty of Law, University of Cambridge Editorial Board Professor Professor Professor Professor Professor Professor Professor Professor Professor Professor Advisory Committee Professor ... objectives, at theinternational level j o o s t pa u w e l y n is Associate Professor ofLaw at Duke University School ofLaw His areas of interest are public internationallaw and thelawofthe WTO He...
... into our village, the women can take their vegetables tothe market Before, the tomatoes just rotted in the gardens Tomatoes go bad quickly, and despite our attempts in the past to take them to ... missing the larger picture of development.” (Staff of a large international NGO, United States) “I don’t know of another systematic effort to listen tothe people, to learn ofthe experience the ... ofthe aid recipients The situation affords a certain level of power tothe people and their leaders in their relationships and negotiations with the NGOs, but only if they are conscious of the...
... S Bell FBA Professor of Law, Faculty of Law, University of Cambridge Editorial Board Professor Professor Professor Professor Professor Professor Professor Professor Professor Professor Hilary ... discipline ofinternationallaw is further reflected by the structure of many ofthe major textbooks ofinternational law, which introduce the subject by outlining the problem and offering some sort of ... cited as an example of this imperialist international law. 13 The project, then, was to excise these colonial aspects ofinternationallaw from the system ofinternationallaw and to recreate a new,...
... the exceptional dependence ofthelawof nations on thelawof nature’ Lorimer, The Institutes oftheLawof Nations, p 23 See ibid., pp 19 27 Lassa Oppenheim, The Science ofInternational Law: ... prior tothe appearance of Oppenheim’s InternationalLaw in 1905 Westlake was Whewell Professor ofInternationalLaw in the University of Cambridge in 1894, at the time ofthe publication of his ... Grotius Wheaton, Elements ofInternational Law, chapter 1.1 Emer de Vattel, TheLawof Nations or Principles of Natural Law Applied tothe Conduct and tothe Affairs of Nations and of Sovereigns...
... utility ofinternationallaw free ofthe ubiquitous and unanswerable Austinian objections.95 In short, the colonies offered internationallawthe same opportunity they traditionally extended tothe ... classes -and the dissolute members ofthe aristocracy ofthe imperial centre: 94 95 On these efforts and the importance attached to them, see Oppenheim, The Science ofInternationalLaw , 313; ... jurists such as Lawrence ‘diverted attention from the positivist vision oflaw as force, and reorganised internationallaw around the theme of order to reassure the reader of viability ofthe discipline’s...
... in the aforesaid territories [the conventional Basin ofthe Congo] bind themselves to watch over the preservation ofthe native tribes, and to care for the improvement ofthe conditions of their ... ‘functional critique ofinternationallaw in terms of social ends’.55 The theory ofinternationallaw was to focus, then, not on whether it conformed to a formalist idea of ‘science’, but whether it was ... devised to facilitate the economic exploitation of non-European territories The question ofthe enduring effects for non-European societies ofthe history of exclusion is related tothe issue of the...
... exploitation.128 The inter-war lawyers, then, sought not only to challenge the formalist lawof their predecessors, but also to reform theinternationallaw that had legitimized the dispossession of non-European ... now mandatory powers in these territories, as the task of these powers was not to exploit, but rather to civilize, the natives This revival of Vitoria’s rhetoric was combined through the Mandate ... oblige the mandatory powers to devote themselves tothe development ofthe territory and its population exclusively in the interest ofthe native? What are the obligations which result from the...
... prior to sending the petitions on tothe Commission.240 The peoples ofthe mandate territories inevitably resisted the profound changes being made to their societies and ways of life The people of ... only to rights and interests to be created now or after the adoption of a new lawof responsibility, a good deal ofthe objectionable features of this law from the point of view ofthe victims of ... the use ofinternationallaw itself that the new states sought to further their own interests and to redeem the discipline from its colonial past, by excising from the body ofinternational law...
... in this internationallawof contracts derived from ‘general principles oflaw One ofthe aspirations ofthe new states was to expand the range ofinternationallaw and to contribute towards ... Harvard InternationalLaw Journal 419; Patrick M Norton, Lawofthe Future or Lawofthe Past? Modern Tribunals and theInternationalLawof Expropriation’, (1991) 85 American Journal ofInternational ... 453; the arbitral clause in the Texaco Award provided for the application in the first place of Libyan law common tothe principles ofinternational law, failing which, thelaw applicable was ‘the...
... internationallaw and relations This argument of novelty is based on an understanding ofthe history ofinternationallaw viewed in terms ofthe history ofthe European state, even when the European ... terrorism’ (WAT), the character of which will profoundly shape both internationallaw and relations The recourse tothe language of ‘war’ to characterize the attacks and the response to them, was not, ... was later to become the first President ofthe American Society ofInternational Law, 25 was given the task of formulating American policy towards the Philippines after the defeat ofthe Filipino...
... transform the old, Eurocentric, internationallaw into an internationallaw responsive tothe needs, the interests and the histories ofthe developing world In the 1960s and 1970s these jurists, ... mission’, the maintenance of this dichotomy variously understood in different phases ofthe history ofinternationallaw combined with the task of bridging this gap, provided internationallaw ... thus affirming the enduring hold of these formations on the structure and imagination ofinternationallaw As David Kennedy has argued, then, the attempts to renew internationallaw often repeat...
... InternationalLaw , (2001) 95 American Journal ofInternational Law8 43 848 Vattel, Emer de, TheLawof Nations or Principles of Natural Law Applied tothe Conduct and tothe Affairs of Nations and of Sovereigns ... An Inquiry ofthe History ofInternationalLaw from an Intercivilizational Perspective’, Journal ofthe History ofInternationalLaw (2000) 66 Oppenheim, Lassa, International Law: A Treatise ... Nehru, Jawaharlal, The Discovery of India (New York: The John Day Co., 1946) Norton, Patrick M., Lawofthe Future or Lawofthe Past? Modern Tribunals and theInternationalLawof Expropriation’,...
... moving the ILO outside its area of expertise, into the realm ofinternational criminal law. 19 Nonetheless, the categories in Article have the benefit of reflecting the concerns of a wider body ofinternational ... 24 • InternationalLaw in the Elimination of Child Labor factor is the lack of political will on the part ofthe military government to eradicate the practice of its own officials.64 The development ... kept the issue of forced labor in Burma on the ILO’s agenda and led tothe complaint of 1996 that resulted in the establishment ofthe Commission of Inquiry The findings ofthe Commission of Inquiry...
... which is always the accumulator The result ofthe operation is stored in the accumulator Because of this approach the form ofthe instructions is very simple indicating only what the other operand ... front ofthe second instruction For example, the following instruction adds the contents of ∗ AR3 to R2 and puts the result in R5 At the same time, it stores the previous contents ofthe R5 into the ... using the PUSH, PSHD, POP, and POPD instructions The PUSH and POP operations push the accumulator on the stack or pop the top ofthe stack tothe accumulator respectively PSHD and POPD the same...