Buch, Englisch, Band 31, 336 Seiten, GB, Format (B × H): 165 mm x 236 mm, Gewicht: 662 g
Buch, Englisch, Band 31, 336 Seiten, GB, Format (B × H): 165 mm x 236 mm, Gewicht: 662 g
Reihe: Developments in International Law
ISBN: 978-90-411-0516-5
Verlag: Wolters Kluwer
The strength of international law lies in its adaptability to political, strategic and diplomatic necessities. To suggest otherwise is to depart from a picture of international law that presumes the empirical verifiability of international laws.
This book has as its principal concern certain orthodoxies of `source thinking' in international law, and is aimed at working out the implications of these. It aims to show how certain theoretical conceptions have shaped the law in action, for good or ill.
It will appeal to political theorists, diplomats, global decision-makers, and international lawyers who are interested in the question `What can we do with the international law that we have?', as distinct from the question `What should we do with international law?'.
Zielgruppe
Research
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
Preface. Foreword. Part One: Custom. I. The Subjective Element in Customary International Law. II. The Role of Individual Consent: The Different Theories. III. The Role of Individual Consent in the World Court. IV. The Role of Individual Consent in Other Tribunals. V. The Role of Individual Consent in the Practice of States. VI. The Scope of Customary International Law. VII. New States and Pre-Existing Customary International Law. VIII. Juristic Opinion on the Role of Consent. Part Two: Other Sources. IX. The International Lex Scripta: A More Attractive Option? X. The Paradox of Consensualism in International Law. XI. The Non-Consensual Sources of International Law. Part Three: A Unified Legal Order? XII. The Expanding International Legal Order. XIII. The Basis of Obligation in International Law. Postscript: Values, Positive Law and World Order. Bibliography and Cases. Index.
