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Ramses A Wessel - One of the best experts on this subject based on the ideXlab platform.
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Netherlands Yearbook of International Law 2014: Between pragmatism and predictability: temporariness in International Law
Netherlands Yearbook of International Law, 2018Co-Authors: Monika Ambrus, Ramses A WesselAbstract:One of the key functions or purposes of International Law (and Law in general for that matter) is to provide long-term stability and legal certainty. Yet, International legal rules may also function as tools to deal with non-permanent or constantly changing issues, and rather than stable, International Law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of International Law. First, the nature of the object addressed by International Law or the ‘problem’ that International Law aims to address may be inherently temporary (temporary objects). Second, a subject of International Law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of International Law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how International Law reacts to various types of temporary issues. Put differently, where does International Law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?
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Netherlands Yearbook of International Law: Between Pragmatism and Predictability: Temporariness in International Law
Netherlands Yearbook of International Law, 2015Co-Authors: Monika Ambrus, Ramses A WesselAbstract:One of the key functions or purposes of International Law (and Law in general for that matter) is to provide long-term stability and legal certainty. Yet, International legal rules may also function as tools to deal with non-permanent or constantly changing issues, and rather than stable, International Law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of International Law. First, the nature of the object addressed by International Law or the ‘problem’ that International Law aims to address may be inherently temporary (temporary objects). Second, a subject of International Law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of International Law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how International Law reacts to various types of temporary issues. Put differently, where does International Law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?
Gleider Hernández - One of the best experts on this subject based on the ideXlab platform.
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International Law - 5. States as subjects of International Law
International Law, 2019Co-Authors: Gleider HernándezAbstract:This chapter focuses on the nature of the State and the criteria for statehood. International Law evolved to regulate the relationships between the communities that became known as States, and it is States that remain the plenary subjects of International Law. In any event, under International Law it is States that possess full, objective legal personality, endowing them with full legal capacity with respect to rights, powers, and obligations within that legal system. Within International Law, these include, inter alia: the ability to appear before International tribunals or national tribunals in order to enforce rights under International Law; to be subject to obligations under International Law; to make binding International agreements (treaties); and to enjoy some or all immunities. Conversely, other entities regarded as subjects under International Law, whether individuals or national liberation movements, have come to be regarded as having International personality only through conferral or recognition by States.
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International Law - 1. The history and nature of International Law
International Law, 2019Co-Authors: Gleider HernándezAbstract:This introductory chapter provides an overview of the history and nature of International Law. Rather than regulating the behaviour of individuals in their relations with one another, International Law is usually portrayed as a legal framework to govern the relations between ‘States’, the organized political entities which are the primary subjects of International Law. ‘Public International Law’ is to be distinguished from ‘private International Law’, which describes the principles that determine the applicability of a certain Law or set of Laws to situations involving individuals with a foreign or transboundary element. Indeed, private International Law regulates the conflicts between rules of different domestic legal orders, while public International Law concerns relations between States. Today, public International Law has exceeded its foundations as the Law of inter-State relations and operates as an integral part of the daily lives of individuals.
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International Law - 2. Sources of International Law
International Law, 2019Co-Authors: Gleider HernándezAbstract:This chapter discusses the sources of International Law. International Law’s authority is generally regarded as deriving from the consent of States. As such, it is only pursuant to State consent that International legal rules can be developed. This is not to say that all International Law is made by States; States frequently delegate Law-making authority to specific bodies or organs, and they may acquiesce or consent to a legal rule which originated in a non-State institution. The chapter then considers Article 38 of the Statute of the International Court of Justice. Technically, Article 38 of the ICJ Statute only lays out the categories of sources to be applied by the ICJ: its lex arbitri or applicable Law. Yet, in practice, Article 38 has long been regarded as an authoritative, complete statement as to the sources of International Law.
Monika Ambrus - One of the best experts on this subject based on the ideXlab platform.
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Netherlands Yearbook of International Law 2014: Between pragmatism and predictability: temporariness in International Law
Netherlands Yearbook of International Law, 2018Co-Authors: Monika Ambrus, Ramses A WesselAbstract:One of the key functions or purposes of International Law (and Law in general for that matter) is to provide long-term stability and legal certainty. Yet, International legal rules may also function as tools to deal with non-permanent or constantly changing issues, and rather than stable, International Law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of International Law. First, the nature of the object addressed by International Law or the ‘problem’ that International Law aims to address may be inherently temporary (temporary objects). Second, a subject of International Law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of International Law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how International Law reacts to various types of temporary issues. Put differently, where does International Law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?
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Netherlands Yearbook of International Law: Between Pragmatism and Predictability: Temporariness in International Law
Netherlands Yearbook of International Law, 2015Co-Authors: Monika Ambrus, Ramses A WesselAbstract:One of the key functions or purposes of International Law (and Law in general for that matter) is to provide long-term stability and legal certainty. Yet, International legal rules may also function as tools to deal with non-permanent or constantly changing issues, and rather than stable, International Law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of International Law. First, the nature of the object addressed by International Law or the ‘problem’ that International Law aims to address may be inherently temporary (temporary objects). Second, a subject of International Law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of International Law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how International Law reacts to various types of temporary issues. Put differently, where does International Law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?
Anders Henriksen - One of the best experts on this subject based on the ideXlab platform.
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International Law
2019Co-Authors: Anders HenriksenAbstract:International Law provides comprehensive and concise coverage of the central issues in public International Law. The text takes a critical perspective on various aspects of International Law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of International Law, legal sources, the Law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the International Law of the sea, human rights Law, International environmental Law, International economic Law, the peaceful settlement of disputes, the use of force, the Laws of armed conflict and International criminal Law.
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International Law - 1. Foundations and structure of International Law
International Law, 2019Co-Authors: Anders HenriksenAbstract:This chapter introduces the subject of public International Law and provides an overview of its most important elements. It begins with a brief historical overview of International Law. It then presents the International legal system consisting of different structures of legal rules and principles; discusses the basis of International legal obligation; offers a brief overview of the relationship between International Law and national Law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of International Law and the tension between notions of justice and order that is so prevalent within the International legal system.
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International Law - 2. Sources of International Law
International Law, 2019Co-Authors: Anders HenriksenAbstract:This chapter provides an overview of the legal sources in International Law. Sources of Law determine the rules of legal society and, like national legal societies, the International legal society has its own set of rules. The discussion begins in Section 2.2 with article 38 of the International Court of Justice Statute. Section 2.3 discusses treaties, Section 2.4 covers customary International Law, and Section 2.5 turns to general principles of International Law. Attention then turns to the two additional sources listed in article 38. Section 2.6 discusses judicial decisions and Section 2.7 examines academic contributions. Section 2.8 discusses the role played by unilateral statements. The chapter then turns to the issue of a hierarchy of sources in Section 2.9 and concludes in Section 2.10 with a discussion of non-binding instruments and so-called ‘soft Law’.
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International Law
Law Trove, 2017Co-Authors: Anders HenriksenAbstract:International Law provides comprehensive and concise coverage of the central issues in public International Law. The text takes a critical perspective on various aspects of International Law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading, and discussion questions highlight the essential points. Topics covered include sources of International Law, the Law of treaties, actors, and jurisdiction. The text also looks at human rights, environmental Law, economic Law, dispute settlement, the use of force, and armed conflict in an International Law setting.
Kay Tucker - One of the best experts on this subject based on the ideXlab platform.
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Library guides: International Law: Private International Law
2010Co-Authors: Kay TuckerAbstract:Includes resources for Public International Law, Private International Law and Human rights.
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Library guides: International Law: Public International Law
2010Co-Authors: Kay TuckerAbstract:Includes resources for Public International Law, Private International Law and Human rights.
