Suchergebnisse

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Editorial Advisory Board -- Foreword -- Acknowledgements -- Editor -- Abbreviations -- Introduction or a prelude to stories of an ambivalent relationship -- Part I General International Law Issues -- Chapter 1 Glimpses of international law discourse -- Chapter 2 Framework of engagement with international law -- Chapter 3 Judicial invocation of international law -- Chapter 4 Involvements in international courts and tribunals -- Part II Sources -- Chapter 5 Customary international law -- Chapter 6 The law of treaties and treaty reservations -- Part III Statehood -- Chapter 7 Territory, people, and self-determination -- Chapter 8 Citizenship and statelessness -- Chapter 9 Natural resources -- Chapter 10 International watercourse law -- Chapter 11 Marine resources and the blue economy -- Part IV International Environment Law -- Chapter 12 International environmental law -- Chapter 13 Climate change and human mobility -- Chapter 14 Sustainable development -- Part V International Economic Law -- Chapter 15 Intellectual property rights and other trade and development challenges -- Chapter 16 LDC graduation and WTO challenges -- Chapter 17 International investment agreements -- Part VI International Criminal Law -- Chapter 18 International criminal law: historical perspectives -- Chapter 19 Substantive law of the international crimes tribunal (Bangladesh) -- Chapter 20 Crimes against humanity and the principle of legality -- Part VII The State and Its Others -- Chapter 21 Women and a national imaginary -- Chapter 22 Rohingya refugees -- Chapter 23 Religious minorities -- Chapter 24 Indigenous peoples and ethnic minorities -- Chapter 25 Readymade garment workers and inchoate compensation rights -- Chapter 26 Slum dwellers and forced evictions.

Chapter Introduction -- chapter 1 The international community, jus cogens norms and obligations erga omnes -- chapter 2 Community interests in the law on state responsibility -- chapter 3 Countermeasures in the name of community interests in state practice -- chapter 4 Self-contained regimes, solidarity measures and the fragmentation of international law -- chapter 5 The principle of proportionality -- chapter 4 Conclusion.

International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non‐existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is characterized by much less institutional differentiation and specialization of functions than domestic legal systems are. These differences have invited a number of skeptical challenges to international law, 3 of which we explore in this essay. The first points to 1 or more of the deviations of international law's institutional structure from that of a modern state's legal system as a basis for denying that international law is really "law." Central to the debates over international law's status as law are concerns about whether and why the concepts of law inherited from domestic legal systems should serve as the blueprint for theorizing law in general and international law in particular. The second skeptical challenge targets international law's legitimacy. It claims that we lack reasons to treat international legal norms or the exercise of political power by international institutions, as anything other than an attempt by states to advance their national interests. If this challenge succeeds, states and other subjects of international law have merely prudential reasons to comply with it rather than a moral duty to obey it. Following a brief description of recent debates over how we ought to understand the concept of legitimacy when used to assess international political practices or global governance, we survey several possible bases for a moral duty to obey or respect international law. These include state consent, instrumental accounts of legitimate authority, and global democracy. The third set of challenges focuses on the relationship between state sovereignty and international law. International rules and institutions often make demands for reform affecting the domestic law of a state in order to elicit compliance with international law. Skeptics argue that the rule of international law is incompatible with states' political self‐determination. Regardless of whether their defense of this claim ultimately succeeds, thoughtful engagement with it may well require us to rethink some of the fundamental concepts and normative ideals in political philosophy, including state sovereignty, democracy, individual rights, political authority, and political obligation.

"International Law: Aspects of Regionalism evaluates regionalism in its various relationships and forms with respect to international law, as well as the importance and duties of international law in respect to the establishment and functioning of various forms of regional groups. A great deal of attention has been paid to regionalism from the global, political, ecocomic, security aspects, but a complex evaluation of the impact it has had on international law, and vice versa, is still lacking. The main purpose of this volume is to eliminate this gap and present the latest state of knowledge on the topic. This text will be of interest both to students at an advanced level, academics, and reflective practitioners. It addresses the topics with regard to international law and regionalism and will be of interest to academics dealing with legal aspects of current regionalism and for the specialized courses in the faculties of law, as well as anyone studying diplomacy and international studies, international relations, regional integration law, EU law, international law, and international relations."--Provided by publisher