The Role of Legal Advisers in International Law

Author: Andraž Zidar,Jean-Pierre Gauci

Publisher: BRILL

ISBN: 9004280308

Category: Law

Page: 408

View: 1847

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In The Role of Legal Advisers in International Law prominent international legal professionals provide a range of original insights on the position of legal advisers and their vital contribution to the development, interpretation and application of international law.

Collection of Essays by Legal Advisers of States, Legal Advisers of International Organizations and Practitioners in the Field of International Law

Author: United Nations. Office of Legal Affairs

Publisher: United Nations Publications

ISBN: 9789210330800

Category: Law

Page: 523

View: 4873

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Scholars and practitioners of international law have contributed essays intended to be accessible to the general public (in English, French, and Spanish), that provide a practical perspective on international law as it has been formed, applied, and administered. The essays discuss specific cases, such as that of Gabcikovo-Nagymaros in Hungary or the settlement of land disputes in Nauru, as well as theoretical and practical discussions of the roles of legal advisors and the World Bank's General Counsel in the implementation of international law. No index. Annotation copyrighted by Book News, Inc., Portland, OR

Interpretation in International Law

Author: Andrea Bianchi,Daniel Peat,Matthew Windsor

Publisher: OUP Oxford

ISBN: 0191038709

Category: Law

Page: 380

View: 4862

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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Law in Politics, Politics in Law

Author: David Feldman

Publisher: A&C Black

ISBN: 1782252835

Category: Law

Page: 294

View: 9613

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A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.

Shaping Foreign Policy in Times of Crisis

The Role of International Law and the State Department Legal Adviser

Author: Michael P. Scharf,Paul R. Williams

Publisher: Cambridge University Press

ISBN: 052176680X

Category: Law

Page: 305

View: 9710

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Based on insider accounts of the role the U.S. State Department legal adviser played during the major crises from the Carter administration to that of George W. Bush, this book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so.

The Gulf War 1990-91 in International and English Law

Author: Peter Rowe

Publisher: Routledge

ISBN: 1134904509

Category: Political Science

Page: 480

View: 4779

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There is no doubt that international law was of major importance during the Gulf conflict of 1990-91. Military and other actions were repeatedly justified through reference to international law, and disputes about interpretation were frequent. This book provides a definitive legal analysis of the conflict, with reference both to international and to English law. Some have been tempted to argue that international law is an ineffective means of controlling the activities of a state and its armed forces from the fact that there were no war crimes trials of the leaders of Iraq, or of any other state. International law does, however, provide a set of norms either (a) agreed to by individual states through the ratification of, or accession to, a treaty, or (b) which apply to all states by the operation of customary international law and other secondary sources. This book determines these norms in order to judge the manner in which individual states recognized the binding nature of them in the conduct of their operations. The contributors include lawyers from each of the three British armed services.

Counter-Terrorism

International Law and Practice

Author: Ana María Salinas de Frías,Katja Samuel,Nigel White

Publisher: OUP Oxford

ISBN: 019162781X

Category: Law

Page: 1232

View: 7902

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The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.

The Politics of International Law

Author: Martti Koskenniemi

Publisher: Bloomsbury Publishing

ISBN: 1847317766

Category: Law

Page: 388

View: 9272

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Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

The Role of Domestic Courts in Treaty Enforcement

A Comparative Study

Author: David Sloss

Publisher: Cambridge University Press

ISBN: 052187730X

Category: Law

Page: 626

View: 1286

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This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.