Tofan; Wolf

International Law; Selected documents

Wolf Legal Publishers (WLP)
€ 180,00

Leverbaar

International law deals with the relationships between states, or between persons or entities in different states. It sub-divides into "public international law" and private international law (also called conflict of laws). When used without an adjective, "international law" generally refers to "public international law." Thus, public international law is defined as "the system of law which regulates the activities of entities possessing international personality." The value and authority of international law is entirely dependent upon the voluntary participation of states in its formulation, observance, and enforcement. Although there may be exceptions, most states enter into legal commitments to other states out of enlightened self-interest rather than adherence to a body of law that is higher than their own. The formation of the United Nations created a means for the world community to enforce international law upon members that violate its charter. International law has three primary sources: international treaties, custom, and general principles of law (cf. Art. 38 of the Statute of the International Court of Justice). International treaty law is comprised of obligations states expressly and voluntarily accept between themselves in treaties. Customary international law is derived from the consistent practice of States accompanied by opinio juris, i.e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally been looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission (ILC). Codified customary law has made the binding interpretation of the underlying custom by agreement through treaty. For states not party to such treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are those commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms (jus cogens) as to include all states with no permissible derogations. Legal principles common to major legal systems may also be invoked to supplement international law when necessary. Apart from a state's natural inclination to uphold certain norms, the force of international law has always come from the pressure that states put upon one another to behave consistently and to honor their obligations. As with any system of law, many violations of international law obligations are overlooked. If addressed, it is almost always purely through diplomacy and the consequences upon an offending state's reputation. Though violations may be common in fact, states try to avoid the appearance of having disregarded international obligations. States may also unilaterally adopt sanctions against one another such as the severance of economic or diplomatic ties, or through reciprocal action. And also have the right to employ force in self-defense against an offending state that has used force to attack its territory or political independence. In these 2 volumes we have picked out what we thought as being the most significant conventions, recommendations, declarations, protocols, comments, guidelines, principles and measures, creating , thus, a compilation of selected documents on the most important issues of the international law. There are thirteen basic issues/subjects debated in the book, each and every issue/subject being outlined through/ by the most representative instruments, deeds, acts and documents. This is the second publication in the International Law Series of WLP. The first volume is titled: Laws of war in International Law.

Gebonden | 1300 pagina's | Engels
Verschenen in 2008
Rubriek:

  • NUR: Internationaal (publiek)recht
  • ISBN-13: 9789058503343 | ISBN-10: 9058503348