International humanitarian law and terrorism
In: Studies in international law 34
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In: Studies in international law 34
This book examines Russian approaches to international law from three different yet closely interconnected perspectives: history, theory, and recent state practice. The study uses comparative international law as a starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To some extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this work is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN SC, the European Court of Human Rights, investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, i.e. the claim that Russia is a unique civilization and not part of Europe understood as the West. The implications of this claim for the future of international law, its universality and regionalism are discussed. This study concludes the author's five-year work on ERC-funded grant that enabled him to attend international law conferences in Russia and other CIS countries, as well as get access to relevant sources that often cannot be so easily accessed in the West.
In: India quarterly: a journal of international affairs, Band 28, Heft 2, S. 109-118
ISSN: 0975-2684
In: Proceedings of the annual meeting / American Society of International Law, Band 104, S. 49-52
ISSN: 2169-1118
In: Proceedings of the annual meeting / American Society of International Law, Band 92, S. 335-337
ISSN: 2169-1118
In: International law studies v. 76
World Affairs Online
In: Studies in International Law Ser.
How does the international Rule of Law apply to constrain the conduct of the Executive within a constitutional State that adopts a dualist approach to the reception of international law? This paper argues that, so far from being inconsistent with the concept of the Rule of Law, the Executive within a dualist constitution has a self-enforcing obligation to abide by the obligations of the State under international law. This is not dependent on Parliament's incorporation of treaty obligations into domestic law. It is the correlative consequence of the allocation to the Executive of the power to conduct foreign relations. The paper develops this argument in response to recent debate in the United Kingdom on whether Ministers have an obligation to comply with international law–a reference that the Government removed from the Ministerial Code. It shows that such an obligation is consistent with both four centuries of the practice of the British State and with principle.
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In: European Society of International Law Reflections Series Vol 7, Issue 3 (7 May 2018)
SSRN
In: Human rights law review, Band 12, Heft 4, S. 820-825
ISSN: 1744-1021
In: Indigenous Peoples and the Law
This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people's complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation - thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law
"International Organizations and the Law addresses the laws relating to international organizations, their undertakings, and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations' law in context. It addresses topics such as: -organization functions and structure -membership and membership powers -the rights of international organizations -dispute settlement in international organizations -termination of an international organization. The second edition has been fully revised and updated to include coverage of: the COVID-19 pandemic and its impact on the functions of international organizations, the invasion of Ukraine and the stresses placed on the UN, NATO and the international community, increased efforts in the climate change sector as well as the overhaul of the NAFTA system, and the impact of Brexit. Written in an accessible and engaging way, this book is ideal reading for students new to the law of international organizations and as a reference for those active in fields impacted by international organizations"--
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 23, Heft 2, S. 248
ISSN: 1741-6191
The worldwide populist wave has contributed to a perception that international law is currently in a state of crisis. This article examines in how far populist governments have challenged prevailing interpretations of international law. The article links structural features of populism with an analysis of populist governmental strategies and argumentative practices. It demonstrates that, in their rhetoric, populist governments promote an understanding of international law as a mere law of coordination. This is, however, not entirely reflected in their legal practices where an instrumental, cherry-picking approach prevails. The article concludes that policies of populist governments affect the current state of international law on two different levels: In the political sphere their practices alter the general environment in which legal rules are interpreted. In the legal sphere populist governments push for changes in the interpretation of established international legal rules. The article substantiates these propositions by focusing on the principle of non-intervention and foreign funding for NGOs.
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