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.
Leer »Becas para estancias de doctorado en el Max Planck Institute Luxembourg
Becas para estancias de doctorado en el Max Planck Institute Luxembourg Hasta el 31 de mayo de 2019 pueden solicitarse las ayudas convocadas por el Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law para estancias de doctorado en el Instituto. Más información aquí. [via Comunicaciones de la AEPDIRI – …
Leer »African Journal of International and Comparative Law – Volume 27, Issue 2, May 2019
The African Journal of International and Comparative Law provides invaluable material on public or private international and comparative law on a pan-African basis.
Leer »Breaking the Cycle of Mass Atrocities – Marina Aksenova, Elies van Sliedregt, Stephan Parmentier
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.
Leer »International Theory – Volume 11 / Issue 2, July 2019
International Theory Volume 11 / Issue 2, July 2019 ISSN: 1752-9719 (Print), 1752-9727 (Online) @InternatlTheory @CambridgeUniversityPressPolitics International Theory (IT) is a peer reviewed journal which promotes theoretical scholarship about the positive, legal, and normative aspects of world politics respectively. IT is open to theory of absolutely all varieties and from …
Leer »Informe de la Comisión de Derecho Internacional sobre la labor realizada en su 70º período de sesiones (2018)
2018 Topical summary The Topical Summary of the debate in the Sixth Committee on the 2018 ILC report, has been issued (A/CN.4/724). [via International Law Commission]
Leer »The Idea of International Human Rights Law
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.
Leer »Feminist Dialogues on International Law
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.
Leer »International Studies Perspectives – Volume 20, Issue 2, May 2019
International Studies Perspectives Volume 20, Issue 2, May 2019 ISSN: 1528-3577, EISSN: 1528-3585 @isanet @intlstudiesassociation Each journal in the ISA group of journals has a particular mission and scope. ISP publishes four types of articles: Policy Research and Commentary These articles address current or recent policy debates – broadly conceived …
Leer »Journal of Conflict Resolution – Volume 63 Issue 5, May 2019
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).
Leer »International Organization – Volume 73 – Issue 2 – Spring 2019
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.
Leer »Consensus-Based Interpretation of Regional Human Rights Treaties
Consensus-Based Interpretation of Regional Human Rights Treaties Publication Date: 28 March 2019 ISBN: 978-90-04-37551-2 DOI:https://doi.org/10.1163/9789004375512 Series:International Studies in Human Rights, Volume: 129 Author: Francisco Pascual-Vives In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of …
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