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标签档案: law

Authority and Legitimacy of Environmental Post-Treaty Rules

Authority and Legitimacy of Environmental Post-Treaty Rules

In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.

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International Affairs – Volume 95, Issue 3, May 2019

InternationalAffairs

International Affairs is one of the world’s leading journals of international relations and one of the few to cover the entire discipline. Founded by and edited at Chatham House, the Royal Institute of International Affairs in London, it has been in existence for over 90 years and has become renowned for its academically rigorous, practitioner-focused scholarship. Over the years it has featured articles not only from many of the leading international relations scholars but also from those rising in the profession. This lively and provocative journal will keep you up to date with latest critical thinking on the key issues shaping today’s world. Whatever your level and area of interest, you will find International Affairs readable, informative and stimulating.

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Breaking the Cycle of Mass Atrocities – Marina Aksenova, Elies van Sliedregt, Stephan Parmentier

9781509919444

Breaking the Cycle of Mass Atrocities investigates the role of international criminal law at different stages of mass atrocities, shifting away from its narrow understanding solely as an instrument of punishment of those most responsible. The book is premised on the idea that there are distinct phases of collective violence, and international criminal law contributes in one way or another to each phase. The authors therefore explore various possibilities for international criminal law to be of assistance in breaking the vicious cycle at its different junctures.

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The Idea of International Human Rights Law

9780198749844

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains 'human rights' by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

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Feminist Dialogues on International Law

9780199685103

In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict. Contributing to the development of feminist and gender scholarship on international law, Gina Heathcote provides a feminist analysis of the central pillars of international law, noting the advances and limitations of feminist approaches. Through incorporating into mainstream international legal studies specific critical and feminist narratives, this book considers the manner in which feminist thinking has changed international law, and the manner in which international law has remained impervious to key feminist dialogues. It argues for a return to structural bias feminism that engages the foundations of international law and uses gender as a method for challenging post-millennium narratives on fragmentation, the role of international institutions, the nature of legal authority, sovereignty, and the role of international legal experts.

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Journal of Conflict Resolution – Volume 63 Issue 5, May 2019

Journal of Conflict Resolution

Journal of Conflict Resolution (JCR), peer-reviewed and published eight times a year, for more than fifty years has provided scholars and researchers with the latest studies and theories on the causes of and solutions to the full range of human conflict. JCR focuses on conflict between and within states, but also explores a variety of inter-group and interpersonal conflicts that may help in understanding problems of war and peace. This journal is a member of the Committee on Publication Ethics (COPE).

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International Organization – Volume 73 – Issue 2 – Spring 2019

international organization

International Organization is a leading peer-reviewed journal that covers the entire field of international affairs. Subject areas include: foreign policies, international relations, international and comparative political economy, security policies, environmental disputes and resolutions, European integration, alliance patterns and war, bargaining and conflict resolution, economic development and adjustment, and international capital movements.

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International & Comparative Law Quarterly – Volume 68 – Issue 2 – April 2019

international comparative law quarterly

The International & Comparative Law Quarterly (ICLQ) publishes papers on public and private international law, comparative law, human rights and European law, and is one of the world's leading journals covering all these areas. Since it was founded in 1952 the ICLQ has built a reputation for publishing innovative and original articles within the various fields, and also spanning them, exploring the connections between the subject areas. It offers both academics and practitioners wide topical coverage, without compromising rigorous editorial standards. The ICLQ attracts scholarship of the highest standard from around the world, which contributes to the maintenance of its truly international frame of reference. The 'Shorter Articles and Notes' section enables the discussion of contemporary legal issues and 'Book Reviews' highlight the most important new publications in these various fields. The ICLQ is the journal of the British Institute of International and Comparative Law, and is published by Cambridge University Press

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