5 edition of International Law:Theory and Practice found in the catalog.
May 11, 1998 by Springer .
Written in English
|The Physical Object|
|Number of Pages||848|
The idea of nationalismin which people began to see themselves as citizens of a particular group with a distinct national identity, further solidified the concept and formation of nation-states. Recent interpretations of international human rights lawinternational humanitarian lawand international trade law e. His work, De iure naturae et gentium, expanded on the theories of Grotius and grounded natural law to reason and the secular world, asserting that it regulates only the external acts of states. The first chapter sets out the general context of global corruption: its nature and extent, and some views on its historical, social, economic and political dimensions. While primarily directed to a law school course on global corruption, this book will be of interest and use to professors teaching courses on corruption from other academic disciplines and to lawyers and other anti-corruption practitioners. Augustine's just war theory, he argued that nations as well as persons ought to be governed by universal principle based on morality and divine justice.
It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. Thus, while it is generally the responsibility of states to interpret the law for themselves, the processes of diplomacy and availability of supra-national judicial organs routinely provide assistance to that end. The threat of reciprocal sanctions may be sufficient to deter violations, and so agreements can be enforced in international politics. Although the modern study of international law would not begin until the early 19th century, the 16th-century scholars Gentili, Vitoria and Grotius laid the foundations and are widely regarded as the "fathers of international law.
This book provides an original account of the authority of international law, one that is not tied to prior state consent or domestic constitutional frameworks. Consequently, for realists, international law is a "tenuous net of breakable obligations"  Within the Realist approach, some scholars have proposed an "enforcement theory" according to which international legal norms are effective insofar as they "publicize clear rules, enhance monitoring of compliance, and institutionalize collective procedures for punishing violations, thereby enhancing the deterrent and coercive effects of a stable balance of power. Many scholars agree that the fact that the sources are arranged sequentially suggests an implicit hierarchy of sources. Adopting the Greek concept of natural law —the idea that certain rights are inherent to all humans—the Romans conceived of jus gentiumas as being universal. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The main aim of this
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ILP was made a legitimate theory in the casebook International Legal Process, by Chayes, Ehrlich and Lowenfeld, in which the American legal process method was adapted to create an international legal process. This especially occurs when states violate or deviate from the expected standards of conduct adhered to by all civilized nations.
Early positivist scholar Alberico Gentili used historical examples to posit that positive law jus voluntarium was determined by general consent.
The central case approach provides an accurate and flexible picture of situations that are in a state of change. Certain scholars[ who? Most international lawyers do not reflect on theories of international law, as they are mostly trained to practice law, and not to think about it.
Even when the law is not able to stop the outbreak of war, it has developed principles to govern the conduct of hostilities and the treatment of prisoners.
Unwritten Criterion: requirement for the agreement to produce legal effects: this unwritten criterion is meant to exclude agreements which fulfill the above-listed conditions, but are not meant to produce legal effets, such as Memoranda of Understanding. Unlike the American Legal System, it considers normative values other than democracy, such as "… feminismrepublicanismlaw and economics, liberalism as well as human rights, peace and protection to the environment.
Beginning with the Spring and Autumn period of the eighth century BCE, China was divided into numerous ethnic Han states that were often at war with each other.
John Finnis developed the concept of a central case as it applied to assessing legal systems;  Tai-Heng Cheng was the first to apply it to human rights. Other areas around the world developed differing legal systems, with the Chinese legal tradition dating back more than four thousand years, although at the end of the 19th century, there was still no written code for civil proceedings in China.
Other states oppose this view. In theory all states are sovereign and equal. It was successful, however, in pushing forward other approaches to international law feministcultural relativistetc.
Pictured is the title page from the second edition of Criteron 5: No requirement of designation: the designation of the treaty, whether it is a "convention", "pact" or "agreement" has no impact on the qualification of said agreement as being a treaty.
Georg Friedrich von Martenspublished the first systematic manual on positive international law, Precis du droit des gens moderne de l'Europe.
The influx of Greek scholars from the collapsing Byzantine Empirealong with the introduction of the printing pressspurred the development of science, humanism, and notions of individual rights.
It exists to this day as a method of analyzing international law from a highly theoretical perspective. Jurist and law professor Bartolus da Saxoferrato —who was well versed in Roman and Byzantine law, contributed to the increasingly relevant area of " conflicts of law ", which concerns disputes between private individuals and entities in different sovereign jurisdictions; he is thus considered the founder of private international law.The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law.
It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the ‘infrastructure’ of the investment.
While most scholarship to date focuses on debating the existence (or non-existence) of remedial secession in international law, this chapter explores the political uses and abuses of this Author: Jure Vidmar. International criminal law; International economic law; International environmental law; International humanitarian law; International law and international relations; International organizations; International procedural law; International responsibility; Law of the sea; Law of treaties; Relationship between international and domestic law.
Other title: International trade law: theory and practice.
ISBN: Notes: Accompanied by International trade law: theory and practice (casebook) and teacher's manual. Jul 10, · Daniel Thürer, International Humanitarian Law: Theory, Practice, sylvaindez.com Academy of International Law,pp., ISBN Author: Yang Guo.
International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and institutions and to suggest improvements.
Some approaches center on the question of compliance: why states follow international norms in the absence of a coercive power that ensures compliance.