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The Fundamental Rules of the International Legal Order
This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.
Theory of Obligations in International Law
Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory ...
Solidarity and Community Interests
Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.
Failings of the International Court of Justice
The International Court of Justice is the principal forum for countries seeking to resolve legal disputes with one another. Failings of the International Court of Justice argues that ICJ decisions - although treated with great respect by international lawyers - are often wrong and do not merit the deference they receive. In this book, A. Mark Weisburd explains the legal basis for the Court's work, and explores the cases where legal errors are prevalent.
Prosecuting Serious Human Rights Violations
Is there a duty to prosecute serious human rights violations? This book examines this issue, drawing on international human rights instruments and case law. It finds flaws in the current prosecution of these crimes and develops proposals for improvement. Featuring in-depth analysis of trials, amnesties and impunity, it is a unique reference work.
Global Constitutionalism in International Legal Perspective
The question of whether a global constitution exists or is emerging, and if so, what form it takes, is one of the most intriguing and controversial topics of recent international theory. This book examines public international law contributions to the debate, specifically taking a step back to enquire about the underlying assumptions that inform this debate. While contemporary contributors declare the idea of global constitutionalism to be global, this book reveals and interrogates the underlying liberal democratic themes that define prevailing approaches, thus calling universality into question. Drawing on critical theories within and without the international legal discipline, this book suggests a reconceptualisation of global constitutionalism in terms of what is named ‘organic global constitutionalism’. The book thus addresses significant shortcomings and illuminates necessary reorientations to a field that is currently still in the crucial phase of formation.
Securitization and Desecuritization Processes in Protracted Conflicts
Using the Cyprus conflict as a case study, this book examines how the securitization process in protracted conflict environments changes, as it becomes routinized and potentially even institutionalized. Furthermore, the process is not limited to the mainstream top-down path, as it also follows a horizontal and even bottom-up direction, which inevitably has an impact on the goals and securitization options of both the mainstream securitizing actors and the audience(s). Lastly, on a theoretical level it examines how the multi-directional securitization forces have an impact on the elite and audience-driven desecuritization efforts and ultimately on the prospects for conflict resolution. The book’s case study, the Cyprus question, offers an alternative reading of the forces dominating the specific conflict, while concurrently offers a useful framework for the study of similar protracted and deeply securitized conflicts.
The Habermas Handbook
Jürgen Habermas is one of the most influential philosophers of our time. His diagnoses of contemporary society and concepts such as the public sphere, communicative rationality, and cosmopolitanism have influenced virtually all academic disciplines, spurred political debates, and shaped intellectual life in Germany and beyond for more than fifty years. In The Habermas Handbook, leading Habermas scholars elucidate his thought, providing essential insight into his key concepts, the breadth of his work, and his influence across politics, law, the social sciences, and public life. This volume offers a comprehensive overview and an in-depth analysis of Habermas’s work in its entirety. After ex...
