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This revised two-volume set reproduces the easy-to-use, logically-organized format of Searching the Law for each of the 50 U.S. states. Arranged by state and by topic within each state, it features: - a complete list of all the legal research materials available for each state jurisdiction; - thousands of citations to the legal literature of each state; - materials applicable to more than one topic listed under each topic; - repeated listings under each state and topic where they apply; and - author, title, publisher, format, and the latest known supplement for each citation. Searching the Law-The States is the companion text to Searching the Law. Together the sets form one of the most comprehensive, logical legal reference sources available. Published under the Transnational Publishers imprint. The print edition is available as a set of two volumes (9781571052872)

AbstractThe recent past has shown an ever-growing fragmentation of the international legal system where lawyers and judges are facing more and more the phenomenon of the same legal question being discussed in different fora. This is particularly the case in the field of human rights that entails the dispersal of responsibilities for interpretation of numerous instruments among various different judicial and quasi-judicial bodies, of both universal and regional nature. In order to secure coherence and legal certainty in the system, it is important to respect a set of principles and rules of general international law, in particular Articles 31–33 of the 1969 Vienna Convention of the Law of Treaties (VCLT). The first goal of this article is to analyse whether the Court applies the rules of the VCLT to the interpretation of the European Convention on Human Rights (ECHR). Secondly, assuming that the VCLT fully applies, it will be analysed whether Article 31(1) VCLT is flexible enough to allow nevertheless some leeway for the development of specificities, especially as a result of the particular nature of the ECHR. Thirdly, it will be shown that the Court has indeed developed a set of specific methods of interpretation, aiming to render the rights enshrined in the ECHR effective. From the author's point of view, they can all be regarded as sub-forms (or partial aspects) of the teleological interpretation. He distinguishes between four dimensions of the principle of "effectiveness".

Is there an intersection between the application of Public International Law with the political conduction of international relations? Should International Law, International Order and International Rules be redefined? How can such an intersection be found? The investigation seeks to extrapolate new definitions and an International Law axiom by utilizing sundry approaches to the state of the question which is properly laid out as well as some terms defined previous to the discussion by utilizing "approaches." The investigation is carried out by using the Cartesian method or that of Descartes and followers and the formal and material logical structures. Eventually new definitions and an axiom by extrapolating analyses categories are laid out. Hence, approaches such as the "legalistic" one, the "natural law" one, the "religious," the "extra-legal" one, the "eclectic" one, the "effective" one and the "UN proposed" one are analyzed in-depth upon observing the experience and current factual situation even though noting that those approaches are neither mutually exclusive nor "pure," but representative as the examples supporting them show. The paper's bottom line is no other than zeroing in on one of the oldest of International Law's wounds: That of its effectiveness. But by pointing out various moot points and by reflecting on the different reality stages, one can conclude that the material mission of the law as well as the aims of international order are eventually attained. Nonetheless in concluding and setting out the axioms and new definitions, the existing political power within a democratic framework should not be overlooked as the praxis of International Law meets that of international power to form then a juxtaposition. So, regardless of some international instruments being deemed as substantial law, one has to ask whether what the international community calls "breaking of law," is rather a breaking of procedures or adjective mandates. ; ¿Existe un punto de equilibrio o balance entre lo que es la aplicación del derecho internacional público y el manejo político de las relaciones internacionales? ¿Deben los conceptos de Derecho Internacional, Orden Internacional y Reglas Internacionales ser redefinidos? ¿Cómo se puede encontrar un punto de equilibrio? Esta investigación busca la extrapolación de nuevas definiciones y de un axioma de Derecho Internacional utilizando para ello varias aproximaciones al estado de la cuestión que es presentada así como términos previamente definidos en forma anterior al inicio de la discusión que utiliza las denominadas "aproximaciones." La investigación se lleva a cabo usando el método cartesiano y las estructuras de la lógica formal y material. Al final, nuevas definiciones y un axioma son presentadas usando para ello distintas categorías de análisis. Así, "aproximaciones" como la "religiosa o teocrática," o la "extra-legal," o la "legalista," o la "efectiva," o la del "derecho natural," la "ecléctica," la del "deber ser" y finalmente la "efectiva" son analizadas en profundidad a través de la observación de la experiencia y la situación actual, aun cuando haciendo notar que dichas aproximaciones no son mutuamente excluyentes, no tampoco "puras," pero sí representativas como los ejemplos que las soportan muestran. La idea subyacente de la investigación no es otra que centrarse en uno de los temas más importantes del derecho internacional: su efectividad. Pero al señalar varios puntos de discusión y a través de la reflexión de los diferentes escenarios reales, se puede concluir que la misión material del derecho internacional al final se cumple. No obstante, al concluir y al trazar el axioma y nuevas definiciones, no puede olvidarse el poder político existente dentro de un marco democrático por cuanto la praxis del derecho internacional se encuentra con la del poder internacional para formar una intersección. De tal manera, que independientemente de que algunos instrumentos internacionales se tengan como norma sustantiva, debe preguntarse uno si lo que la comunidad internacional llama "violación del derecho" no es una pero de meras reglas adjetivas.

This Yearbook brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member

When it comes to the question of the legal significance of the so called bellum iustum doctrine, i.e. the idea of a just war, international lawyers start to feel uneasy. A large part of contemporary legal scholarship maintains the opinion that this doctrine was never part of international law. However, the subject remains controversial. The work in hand casts a new light on the longstanding bellum iustum − bellum legale controversy while taking into account the more recent narrative turn in international law with particular consideration of its implications on international legal theory. It is shown that any categorical denial of the just war doctrine in international law is flawed from the outset, since law is value-related.

"Parts of the chapters which make up this volume were published originally in the American Journal of International Law, the American Political Science Review, and the Forum."--Preface. ; Includes bibliographical references and index. ; Mode of access: Internet.

Includes bibliographical references ; Edward Snowden is a hero. In 2013, he leaked what can arguably be considered as the greatest quantity of classified and top - secret foreign intelligence in history. The leak revealed the extent of pervasive global government surveillance that has been and continues to be conducted by foreign intelligence agencies such as the National Security Agency (NSA) in the United States and the Government Communications Headquarters (GCHQ) in the United Kingdom. His actions have led to international security sector reform of the international regulation of foreign intelligence liaison. Citizen Four, the 2015 Oscar award-winning documentary, is the story of Snowden. When asked by Glen Greenwald and Laura Poitras, the journalist and documentarian who covered his journey , why he did what he did, Snowden's response was that : '[I]t all comes down to state power against the people's ability to meaningfully oppose that power . . if the policy switches that are the only thing that restrain these states were changed, you couldn't meaningfully oppose these . that hardened me into action.' When closing a TED talk on how we take back the internet, Snowden's idea worth sharing was that: '. [D]emocracy may die behind closed doors but we as individuals are born behind those same closed doors . We don't have to give up our privacy to have good government . We don't have to give up our liberty to have security . By working together, we can have both open government and private lives . . ' The relationship between state power and people's opposition, the individual and democracy, privacy and good government, liberty and security are themes that run throughout this dissertation. They are thematic relationships that underlie the importance of the international regulation of foreign intelligence liaison. The international regulation of foreign intelligence liaison will continue to be shaped by these relationships. Chapter I picks up on these themes by reviewing the international regulation of foreign intelligence liaison as a phenomenon. Part II defines foreign intelligence, part III sets up the objectives of a regime for international law in liberal democracies, part IV recognises the challenges to effective oversight of foreign intelligence agencies and part V maps out different reasons for and uses and forms of foreign intelligence liaison. A core argument is that the inevitable abuse and misuse of foreign intelligence liaison should be regulated through a horizontal accountability mechanism as an international best practice. Chapter II focuses on the international regulation of foreign intelligence liaison through a legal analysis. It draws on the themes by summarising (part II) and critiquing (part III) two landmark judgments having the potential to set an international best - practice precedent that contributes to the international regulation of foreign intelligence liaison. The core argument is that communications interception warrants should be regulated by judicial pre-authorisation. This is a practical application of Chapter I's core theoretical argument mentioned above. Chapter III develops these themes by analysing the international regulation of foreign intelligence liaison through recommendations. Part II explores the regulation of signals intelligence (SIGINT) in South Africa. Part III sets out the national and regional applications of art 17 of the ICCPR with regard to private communications. Finally, by summarising and applying the core arguments of Chapters I and II to Chapter III, part IV recommends legal reform through a General Intelligence Laws Amendment Bill 2015 (the Bill).

This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding. The concise chapters are organized into two parts. Part One provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part Two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved State. With an approach that is legally analytical yet also practical, this accessible book will provide valuable insights to both scholars and practitioners of international law. Its clear structure and guidance on the latest practice and case law will also make it an ideal choice for students

AbstractDomestic approaches to compliance with international commitments often presume that international law has a distinct effect on the beliefs and preferences of national publics. Studies attempting to estimate the consequences of international law unfortunately face a wide range of empirical and methodological challenges. This article uses an experimental design embedded in two U.S. national surveys to offer direct systematic evidence of international law's effect on mass attitudes. To provide a relatively tough test for international law, the surveys examine public attitudes toward the use of torture, an issue in which national security concerns are often considered paramount. Contrary to the common contention of international law's inefficacy, I find that legal commitments have a discernible impact on public support for the use of torture. The effect of international law is also strongest in those contexts where pressures to resort to torture are at their highest. However, the effects of different dimensions in the level of international agreements' legalization are far from uniform. In contrast to the attention often devoted to binding rules, I find that the level of obligation seems to make little difference on public attitudes toward torture. Rather, the relative precision of the rules, along with the degree to which enforcement is delegated to third parties, plays a much greater role in shaping public preferences. Across both international law and legalization, an individual's political ideology also exerts a strong mediating effect, though in varying directions depending on the design of the agreement. The findings have implications for understanding the overall impact of international law on domestic actors, the importance of institutional design, and the role of political ideology on compliance with international agreements.