... Nations andthe new internationallawThe Mandate System and colonial problems The Mandate System andthe construction of the non-European state Government, sovereignty and economy The mandate andthe ... andthe post-colonial state Development andthe reform of internationallaw Permanent sovereignty over natural resources andthe New International Economic Order The 1962 Resolution on PSNR The ... imperialist international law. 13 The project, then, was to excise these colonial aspects of internationallaw from the system of internationallawand to recreate a new, open and non-colonial international...
... institutionalism The ‘English School’ Lawandinternational relations 24 31 Power andinternationallaw Power andthe debate about whether resolutions and declarations constitute State practice Power andthe ... perspective Lawand power Some working assumptions Power andthe study of internationallaw Opinio juris, the customary process andthe qualifying effects of internationallaw 13 15 18 21 Regime theory and ... both benefit were they to devote more attention to this and other aspects of the interface between internationalpoliticsandinternationallaw 2 Lawandinternational relations International relations...
... under UN command Individual states or coalitions of states conducted the other twenty, and they used their own command structures An early example was the 1966 request of the UNSC to the United ... organization and law, international political economy, international environmental politics, and African politics She is a member of theInternational Studies Association and recently served on the Board ... InternationalLaw (edited by G Fox and B Roth) (2000); The Limits of the Security Council’s Powers and its Functions in theInternationalLegal System: Some Reflections” in The Role of Law in International...
... about thepolitics of international law, not the ‘letter of thelaw It explores how politics conditions internationallaw as an institution, and, most 17 18 ‘Legalization and World Politics , International ... framework of rules and norms, and states and other actors define and redefine these understandings through their discursive practices Internationallaw is central to this framework, and like politics, constructivists ... InternationalLawandInternational Relations Theory: A Dual Agenda’, American Journal of InternationalLaw 87: (1993); Anne-Marie Slaughter, Andrew S Tulumello, and Stepan Wood, InternationalLawand International...
... fault lines in internationallawThe decision to invade, the conduct of the war and occupation, andthe mechanisms used to administer the country all challenge theinternationallegal community, ... xxi The Iraq War andInternational Law: By Way of an Introduction Andrew Williams The Iraq War, InternationalLawandthe Search for Legal Accountability 17 Phil Shiner The Challenges ... lens The threats that have been posed to internationallaw by the behaviour of powerful states, notably the USA andthe UK in tandem, have served to emphasise the value of an international law...
... internationallawandthe institutions in it How these changes affect the structure of andthe correlation of forces in theinternationalINTERNATIONAL LAW, RIGHTS ANDPOLITICS system? What challenges international ... and consociational democracy 115 Lawandpolitics in the recognition of new states 119 Internationallaw on the recognition of states 119 Recognition of the Baltic states 121 Recognition of the ... Internationallaw in theinternational system 1 The role of the nation -state in theinternational system The Cold War international system 13 Prospects for the future: threats and opportunities?...
... IV, pp 43–59 InternationalLegal Materials InternationalLaw Reports International Review of the Red Cross Leiden Journal of InternationalLaw Netherlands Yearbook of InternationalLaw Organisation ... customary international law? 40 2.3 Filling the gap? Terrorism and other internationallegal norms 2.4 Conclusion 44 International responsibility and terrorism 41 47 3.1 State responsibility in international ... of the ‘war on terror’ with this legal framework, and questions the implications for states responsible for violations, for third states and for theinternational rule of law helen duffy is the...
... Humanitarian Law obligations – national andinternational approaches to the enforcement of thelawand – the interactions between International Humanitarian Lawand other related areas of internationallaw ... of InternationalLaw at Utrecht University and Professor of Military Law at the University of Amsterdam andthe Netherlands Defence Academy He is a member of the editorial board of the Netherlands ... InternationalLaw as a Primitive Legal System’, 19 New York University Journal of InternationalLawandPolitics 1-32 (19861987) TheInternationalLegal Response to Terrorism’, InternationalLaw at the...
... Codification and Progressive Development of InternationalLaw (1973); Sinclair, TheInternationalLaw Commission (1987); Anderson, Boyle, Lowe and Wickremasinghe, TheInternationalLaw Commission andthe ... International Law, Australian Yearbook of International Law, British Yearbook of InternationalLawand Canadian Yearbook of InternationalLaw 136 These journals include general law journals and ... Public LawandInternational Law, contains articles on a broad range of internationallaw topics While, in general, the articles rely on treaties and other "hard" law sources of international law, ...
... Coase, The Firm, the Market andtheLaw (University of Chicago Press, revised edition, 1990), see chapters andThe Firm, The Market, andTheLawandThe Nature of the Firm.” Which includes, in the ... between the expansion of sovereignty rights over GRs andthelaw of the sea.26 The evolution of thelaw concerning the continental shelf, exclusive economic zones andthe phenomenon of theState s ... internationallaw approach Theinternationallaw approach influences both the structure of this study andthe content thereof The explanation of the structure will unfold the content in this international...
... Natural lawandinternationallaw 53 2.4.2 Natural lawand private internationallaw 56 2.5 Historicism 61 2.5.1 Historicism andinternationallaw 61 2.5.2 Historicism and private internationallaw ... Federal law, state law, andinternational law, as the exigencies of the particular case may demand’ See further 3.4.1 below Thus, private internationallaw is a ‘branch of English lawand ‘that ... where thelaw of England would give title to one party andthelaw of France would give title to the other The decision of thelaw of England to give title to the first party is a primary legal...
... Nations andthe new internationallawThe Mandate System and colonial problems The Mandate System andthe construction of the non-European state Government, sovereignty and economy The mandate andthe ... andthe post-colonial state Development andthe reform of internationallaw Permanent sovereignty over natural resources andthe New International Economic Order The 1962 Resolution on PSNR The ... imperialist international law. 13 The project, then, was to excise these colonial aspects of internationallaw from the system of internationallawand to recreate a new, open and non-colonial international...
... as the basis for the norms of jus gentium, and internalized in that it represents the authentic identity of the Indian War, sovereignty andthe transformation of the Indian War, the central theme ... of the relationship between colonialism andinternationallaw and, thereby, of internationallaw itself 2 Finding the peripheries: colonialism in nineteenth-century internationallaw By the ... attempts to reformulate the foundations of international law, the basic positivist position, that states are the principal actors of internationallawand they are bound only by that to which they have...
... basing the inquiry on the premise that the uncivilized were outside the law, andthe positivist task was to define the terms and methods by which they were to be assimilated into the framework of law ... with them [non-Christian states], they indirectly declare that they are ready to recognize them for these parts as International Persons andthe subjects of theLaw of Nations’, Oppenheim, International ... of England, quickly proceeds to affirm that ‘our actual England is regulated by law .88 Law, then, is the preserve of England; and while other remote societies may appear to have their own laws,...
... challenged the positivist idea that internationallaw is thelaw governing states and that states are the only actors in international law. 35 Second, and more importantly, the existence of the League ... one another’.240 A century later, internationallaw is defined by Henkin and his colleagues in their major textbook on the subject as thelaw of theinternational community of states’.241 The notion ... after the First World War My interest here lies in the challenge that the new internationallaw of pragmatism posed to the formalist and to the now-discredited theory of positivist international law...
... o n s 147 The Mandate System andthe construction of the non-European stateThe mandates andthe problem of sovereignty The primary novelty of the Mandate System for many jurists of the interwar ... for the Mandate System, as the native’s deficiency must in some way be remedied In the colonial setting, then, the grand themes of lawandpolitics played themselves out, not in the attempts of international ... administering their particular territories as imagined, in elaborate and vivid detail, by the bureaucrats of the League The sociology of the non-European stateandthe new internationallawThe Mandate...
... through the enforcement of the laws but rather by defining the normal, the standard andthe truth against which deviations are identified and then remedied.275 Sovereignty and native will The mandate ... ‘Sovereignty is the most treasured possession of the newly independent States On the one hand, it makes them the master of their own house, and on the other hand, it provides them with a legal shield ... position: the aim was to reform internationallaw rather than dispense with it Indeed, it was through the use of internationallaw itself that the new states sought to further their own interests and...
... sovereignt y andthe post-colonial state 243 of thelaw of Kuwait’ and, further, that ‘general principles of internationallaw are part of public internationallaw .120 Theinternationallaw that proclaims ... between metropolitan states and investors on the one hand, andthe new states on the other Sources doctrine was the crucial arena of contestation in the attempts to develop this law, because many ... the principles embodied in this internationallaw of contracts derived from ‘general principles of law One of the aspirations of the new states was to expand the range of internationallaw and...
... with the ideals that inform them the ideals of ‘good governance’, the ‘rule of lawand ‘democracy’ Rather, the attempt here is to contest imperial versions of these ideals, and to seek their ... societies capable of withstanding the demands of the ‘modern world’ are undermined by the system of economic relations the mandate creates The function of the rule of law in the colonies, Furnivall ... tradition, on the one hand, but between the different and ultimately conflicting goals of the Mandate System, political independence on the one hand, and economic subordination on the other A failure...
... to transform the old, Eurocentric, internationallaw into an internationallaw responsive to the needs, the interests andthe histories of the developing world In the 1960s and 1970s these jurists, ... undermined, international human rights law, international humanitarian law and, most significantly, thelaw relating to the UN Charter andthe use of force.99 And just as the novelty of the threat ... whether the actions of the Security Council could be reviewed by the ICJ and whether in fact the Security Council was bound in any way by international law, andthe question of the powers of the...