Sovereignty and Interpretation of International Norms, Carlos Fern?ndez de Casadevante y Rom
Автор: Crawford Название: Brownlie`s Principles of Public International Law ISBN: 0199699690 ISBN-13(EAN): 9780199699698 Издательство: Oxford Academ Рейтинг: Цена: 7760.00 р. Наличие на складе: Поставка под заказ.
Описание: Brownlie`s Principles of Public International Law has been the definitive guide to international law for over 40 years. This eighth edition, updated by James Crawford, builds on the reputation of its predecesors, providing outstanding, lucid and up-to-date treatment of all of the main issues in international law today.
Описание: How does an idea that forms in the minds of a few activists in one part of the world become a global norm that nearly all states obey? How do human rights ideas spread? In this book, Robyn Linde tracks the diffusion of a single human rights norm: the abolition of the death penalty for child offenders under the age of 18. The norm against the penalty diffused internationally through law--specifically, criminal law addressing child offenders, usually those convicted of murder or rape. Through detailed case studies and a qualitative, comparative approach to national law and practice, Linde argues that children played an important--though little known--role in the process of state consolidation and the building of international order. This occured through the promotion of children as international rights holders and was the outcome of almost two centuries of activism. Through an innovative synthesis of prevailing theories of power and socialization, Linde shows that the growth of state control over children was part of a larger political process by which the liberal state (both paternal and democratic) became the only model of acceptable and legitimate statehood and through which newly minted international institutions would find purpose. The book offers insight into the origins, spread, and adoption of human rights norms and law by elucidating the roles and contributions of principled actors and norm entrepreneurs at different stages of diffusion, and by identifying a previously unexplored pattern of change whereby resistant states were brought into compliance with the now global norm against the child death penalty. From the institutions and legacy of colonialism to the development and promotion of the global child--a collection of related, still changing norms of child welfare and protection--Linde demonstrates how a specifically Western conception of childhood and ideas about children shaped the current international system.
Описание: In the practice of modern international law, disputes as to the meaning of specific treaty provisions are a frequent occurrence. It is the assumption underlying any such dispute that in a process of interpretation a distinction has to be made between the legally correct and incorrect interpretation result. The legal correctness of an interpretation result is determined by reference to the relevant international law, as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT), Articles 31-33. The result of an interpretation process is correct when it can be successfully defended as being in accordance with the provisions of VCLT Articles 31-33. The result is incorrect when it cannot be so defended.Traditionally, the substance of Articles 31-33 has been described by reference to the various means of interpretation enumerated in said provisions, and little more than that. As argued in this book, more detail is required. On closer inspection, not only does the Vienna Convention provide information on the interpretation data (or means of interpretation) to be used by appliers when interpreting a treaty provision. It also instructs the appliers how, by using each datum, they shall argue to arrive at a conclusion about the meaning of the interpreted provision; and, to some extent, it determines the weight that different data of interpretation shall be afforded when appliers discover that, depending on the specific datum they bring to bear on the interpretation process, the conclusion arrived at will be different. Hence, the regime laid down in VCLT Articles 31-33 will have to be described as a system of rules.
Описание: This book, first published in 2007, is a comparative approach to the interpretation of the CISG. Scholars and legal practitioners determine whether consideration of the counterpart provisions in the PECL and the UNIDROIT Principles could aid in the proper interpretation and application of the provisions of the CISG as uniform international sales law.
Автор: T. Alexander Aleinikoff; Vincent Chetail Название: Migration and International Legal Norms ISBN: 9067041572 ISBN-13(EAN): 9789067041577 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Migration and International Legal Norms shows that, despite the absence of a comprehensive legal instrument governing international migration, there is a wide range of legal norms relevant to migration embodied in multilateral treaties and conventions, regional agreements, and customary international law.
Автор: Costelloe Название: Legal Consequences of Peremptory Norms in International Law ISBN: 1107145031 ISBN-13(EAN): 9781107145030 Издательство: Cambridge Academ Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: When is a norm peremptory? This question has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests that only the legal consequences of a norm distinguish it as peremptory, and sheds light on those consequences.
Автор: Pauwelyn Название: Conflict of Norms in Public International Law ISBN: 052110047X ISBN-13(EAN): 9780521100472 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single `international legislator` and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised.
Автор: Aust Helmut Название: Interpretation of International Law by Domestic Courts ISBN: 0198738927 ISBN-13(EAN): 9780198738923 Издательство: Oxford Academ Рейтинг: Цена: 18216.00 р. Наличие на складе: Поставка под заказ.
Описание: This book explores the question of how international law is applied by domestic courts. Through case studies and analysis the contributors consider how traditions and diversity affect the interpretation of international law, from a mixture of doctrinal, practical, and theoretical approaches.
Название: How Interpretation Makes International Law ISBN: 0198712979 ISBN-13(EAN): 9780198712978 Издательство: Oxford Academ Рейтинг: Цена: 7681.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: An account of how the practice of interpretation makes international law, drawing specific attention to the increasing authority of international courts and institutions, this book analyses the role that the language plays in shaping international law. It addresses the key issue of how it contributes to the evolution of international norms.
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