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Treaty Interpretation
This series features works on substantial topics in international law which provide authoritative statements of the chosen areas. Taken together they map out the whole of international law in a set of scholarly reference works and treatises intended to be of use to scholars, practitioners, and students. This book provides a guide to interpreting treaties properly in accordance with the modern rules for treaty interpretation which are codified in the Vienna Convention on the Law of Treaties. These rules now apply to virtually all treaties both in an international context and within many national legal systems where treaties have an impact on a large and growing range of matters. Lawyers, admi...
International Law
A complete introduction to international law in a form accessible to readers who already have, or are acquiring, a familiarity with national systems of law.
Treaty Interpretation
Richard Gardiner explains the rules of treaty interpretation as codified in the Vienna Convention on the Law of Treaties, and gives examples of their national and international application.
Comparative Reasoning in International Courts and Tribunals
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
Interpretation in International Law
International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illu...
The UN Security Council Members' Responsibility to Protect
This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.
Critiques of Everyday Life
Recent years have witnessed a burgeoning interest in the study of everyday life within the social sciences and humanities. In Critiques of Everyday Life Michael Gardiner proposes that there exists a counter-tradition within everyday life theorising. This counter-tradition has sought not merely to describe lived experience, but to transform it by elevating our understanding of the everyday to the status of a critical knowledge. In his analysis Gardiner engages with the work of a number of significant theorists and approaches that have been marginalized by mainstream academe, including: *The French tradition of everyday life theorising, from the surrealists to Henri Lefebvre, and from the Situationist International to Michel de Certeau *Agnes Heller and the relationship between the everyday, rationality and ethics *Carnival, prosaics and intersubjectivity in the work of Mikhail Bakhtin *Dorothy E. Smith's feminist perspective on everyday life. Critiques of Everyday Life demonstrates the importance of an alternative, multidisciplinary everyday life paradigm and offers a myriad of new possibilities for critical social and cultural theorising and empirical research.
Secret Intelligence
The second edition of Secret Intelligence: A Reader brings together key essays from the field of intelligence studies, blending classic works on concepts and approaches with more recent essays dealing with current issues and ongoing debates about the future of intelligence. Secret intelligence has never enjoyed a higher profile. The events of 9/11, the conflicts in Iraq and Afghanistan, the missing WMD controversy, public debates over prisoner interrogation, together with the revelations of figures such as Edward Snowden, recent cyber attacks and the rise of 'hybrid warfare' have all contributed to make this a ‘hot’ subject over the past two decades. Aiming to be more comprehensive than ...
The Oxford Handbook of Climate Change and Society
Climate change presents perhaps the most profound challenge ever confronted by human society. This volume is a definitive analysis drawing on the best thinking on questions of how climate change affects human systems, and how societies can, do, and should respond. Key topics covered include the history of the issues, social and political reception of climate science, the denial of that science by individuals and organized interests, the nature of the social disruptions caused by climate change, the economics of those disruptions and possible responses to them, questions of human security and social justice, obligations to future generations, policy instruments for reducing greenhouse gas emissions, and governance at local, regional, national, international, and global levels.
