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The United Nations Charter as the Constitution of the International Community
The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.
The Limits of Human Rights
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
The Oxford Handbook of the History of International Law
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in s...
UN Security Council Reform and the Right of Veto
This book is a timely contribution to the present discussion of a constitutional reform of the United Nations, a discussion rekindled by the end of the cold War and the significant involvement of the UN in international peacemaking and peacekeeping since the Kuwait crisis. Like the new debate, the work focuses on the Security Council, its composition and possible enlargement, its decision-making process and competences, and its relationship with the General Assembly and the International Court of Justice. Particular regard is given to the right of veto of the permanent members of the Security Council, which is seen as the central, and most problematic, feature of the present constitution of the UN. The work describes and analyzes the reform discussion as it has taken place at the UN since 1991. The different proposals made by governments, NGOs and individual scholars are evaluated by applying a number of standards and concepts ensuing from a perception of the UN Charter as constitution of the international community. Thus, the study advances a comprehensive constitutional theory of the UN and redefines the place of the Charter in contemporary international law.
Securing Human Rights?
Throughout the first decades of its existence, many held the view that the UN Security Council would in some senses automatically encourage the protection of human rights by maintaining international peace. However since the end of the Cold War there have been growing concerns that the Council is a force with the potential to do harm to the cause of human rights, even to the extent of violating the rights of individuals. The chapters of this volume take a closer look at these two sides of the Security Council's involvement in human rights; both its efforts to promote and enforce human rights, and its actions that, with the intention of maintaining and restoring international peace, also have...
Key Documents on the Reform of the UN Security Council 1991-2019
“Key Documents on the Reform of the UN Security Council 1991-2019” brings together primary source documents reflecting the political, legal and academic discussions of the United Nations Security Council reform, in particular the Council’s membership and decision-making, as they have taken place since 1991. Earlier discussions from the late 1940s through 1991 are covered insofar as they offer a useful contribution to the current debate. This extensive collection, curated by a leading authority, is intended to be representative of the debate as a whole without bias, faithfully reflecting the positions of various stakeholders, global participants and civil society. This important work will be an indispensable resource for researchers and students, bringing together hundreds of documents produced during more than three decades by governments, UN bodies, universities, think tanks and individual authors in a single, comprehensive volume.
The United Nations Charter as the Constitution of the International Community
The “constitutionalization” of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from “classical” international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.
The UN Security Council
The nature and scope of UN Security Council decisions - significantly changed in the post-Cold War era - have enormous implications for the conduct of foreign policy. The UN Security Council offers a comprehensive view of the council both internally and as a key player in world politics. Focusing on the evolution of the council's treatment of key issues, the authors discuss new concerns that must be accommodated in the decisionmaking process, the challenges of enforcement, and shifting personal and institutional factors. Case studies complement the rich thematic chapters. The book sheds much-needed light on the central events and trends of the past decade and their critical importance for the future role of the council and the UN in the sphere of international security.
Transnational Constitutionalism
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
The Statute of the International Court of Justice
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts...
