Suchergebnisse

"This book examines genocide law by focusing on one of the lesser examined, yet practically significant, issues: the substantiality requirement. This refers to the requirement in international law that intended destruction should be directed towards a substantial' part of a protected group in order for an atrocity to qualify as genocide. This study draws connections between different judicial approaches to 'substantiality' and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide. The book explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging relational approaches to genocide', offers a third way to understand the existing legal representation of the crime and, consequently, the idea of substantiality'. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan"--Publisher's description.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.; Readership: All interested in International Law and Asian Law.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. ; Readership: All interested in International Law and Asian Law.

Abstract
This brief article, partly a comment on the articles by Danae Azaria, Kristina Daugirdas and Orfeas Chasapis Tassinis elsewhere in this issue, suggests that when it comes to discussing the sources of international law international legal scholarship would do well to be sensitive to issues related to democracy, representativeness, accountability and other staples of political theory. No matter how brilliant doctrinal sources scholarship may be in its own right, sources doctrine, in particular, is never politically innocent. Such scholarship is both about taming politics and facilitating politics, and this realization, in turn, engages the judgment to realize which to apply when.

Legitimacy has become a central concern in international law. This article analyses an important aspect of the concept, namely the often-presumed link between legitimacy and the stability of institutions and norms. The explanatory role of legitimacy hinges on the descriptive elements attributed to legitimacy because, only by fixing those elements, a causal link can be established. The article contends that due to its conceptual features legitimacy cannot be circumscribed descriptively, making the tracing of its relationship to the stability of institutions and norms in the international legal order an intractable task. The article suggests that international lawyers should embrace the open-ended nature of legitimacy and focus on its dynamic dimension: legitimation. Legitimacy is treated as a rhetorical tool whereby actors try to pursue certain courses of action. The importance of legitimacy then lies in its employment for the shaping of perceptions with regard to how institutions ought to be.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Readership: All interested in International Law and Asian Law.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Readership: All interested in International Law and Asian Law.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Readership: All interested in International Law and Asian Law.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Readership: All interested in International Law and Asian Law.