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Art of Law in the International Community

FORMAT: PDF EPUB MOBI
DATUM IZLASKA: 2019
VELIČINA PO DATOTECI: 6,87
ISBN: 9781108426664
JEZIK: HRVATSKI
AUTOR: O'Connell, Mary Ellen
CIJENA: BESPLATNO

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International law evolved to end and prevent armed conflict as much as for any other reason. Yet, the law against war appears weaker today than ever in its long history, evidenced by raging armed conflicts in which people are killed, injured, and forcibly displaced. The environment is devastated, and the planet impoverished. These consequences can be traced to the dominant ideology of realism. In 1946, Hersch Lauterpacht challenged that ideology by contrasting it with the idea of international law, composed of natural law, positive law, and process theory. The Art of Law in the International Community revives his vision, rebuilding the understanding of why international law binds, what its norms require, and how courts are the ideal substitutes for war. The secret to the renewal of international law lies in revitalizing the moral foundation of natural law through drawing on aesthetic philosophy and the arts.

...ret to the renewal of international law lies in revitalizing the moral foundation of natural law through drawing on aesthetic philosophy and the arts ... The Art of Law in the International Community ... . In 1946, Hersch Lauterpacht challenged that ideology by contrasting it with the idea of international law, composed of natural law, positive law, and process theory. The Art of Law in the International Community revives his vision, rebuilding the understanding of why international law binds, what its norms require, and how courts are the ideal substitutes for war. The Art of Contradiction in International Investment Law Self-Determination and the Right of Peoples to Participate in International Law-Making Tre ... Function of Law in the International Community: 75 Years ... ... . The Art of Contradiction in International Investment Law Self-Determination and the Right of Peoples to Participate in International Law-Making Treaties in Motion: The Evolution of Treaties from Formation to Termination . Allott, Philip (1998) "The True Function of Law in the International Community," Indiana Journal of Global Legal Studies: Vol. 5 : Iss. 2 , Article 2. Available at: https://www.repository.law.indiana.edu/ijgls/vol5/iss2/2 This Lecture is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Journal of Global Legal Studies by an authorized editor of Law-Making in the International Community. By Gennady M. Danilenko. Dordrecht, Boston, London: Martinus Nijhoff Publishers, 1993. Pp. xvi, 337. Index. $85. - Volume 89 Issue 3 1. The Emergence of Community Interests in International Law It is argued that growing awareness of common interests of the interna-tional community leads to the structural change of international law. For instance, in 1994, Judge Simma stated that "[A] rising awareness of the common interests of the international community, a community The concept of community interest is a fundamental part of the shift towards publicness in international law. This article began by exploring different theories of the distinction between public and private in law before drawing out four key elements of publicness that could be applied to the international legal order: community, universality, hierarchy, and objectivity. The Journal will also look at the ways and means in which the international community uses and adapts international law to deal with new and emerging challenges. Non-state actors , intergovernmental and non-governmental organisations, individuals, peoples, transnational corporations and civil society as a whole - have changed our outlook on contemporary international law. Building the rule of law takes vision, time and money. But it is the soundest investment there is. The more governments and the international community are willing to invest in it, the less they will have to scramble to address humanitarian emergencies like famines or refugee crises. *** Stream CTI Member Books: Mary Ellen O'Connell on The Art of Law in the International Community by Theology Matters from desktop or your mobile device A subject of International Law is a person (entity) who possesses international legal personality, i.e., capable of possessing international rights and obligations and having the capacity to take certain types of action o...