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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
The continuous expansion of human rights can often appear to be positive, yet it provokes criticism. This volume argues against the internationalisation of human rights proving the world is moving from bilateralism to community interests, stating contentious supervision, evaluation, and substitution are far more common than genuine cooperation.
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
Analyse af FN's sikkerhedsråd og en reform af dette.
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 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.
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 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.
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.
