A Contemporary Concept of Monetary Sovereignty

Author: Claus D. Zimmermann
Publisher: Oxford University Press
ISBN: 0199680744
Format: PDF, ePub, Docs
Download Now
"This study is a revised version of the doctoral dissertation that I defended at the University of Oxford in December 2011."--Page xi.

Jurisdiction in International Law

Author: Cedric Ryngaert
Publisher: Oxford University Press, USA
ISBN: 0199688516
Format: PDF, Mobi
Download Now
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Just War Or Just Peace

Author: Simon Chesterman
Publisher: Oxford University Press on Demand
ISBN: 9780199257997
Format: PDF
Download Now
The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. This book, which won the ASIL Certificate of Merit in 2002, begins with an examination of the genealogy of that right, and arguments that it might have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain `illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. Chapters 4 and 5, therefore, examine Security Council activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from substantive to formal partly explains therecourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the book argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a `right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law.

Sovereignty and the Law

Author: Richard Rawlings
Publisher: Oxford University Press
ISBN: 0199684065
Format: PDF, ePub, Mobi
Download Now
Grounded firmly in the disciplines of law, this collection explores the twin elements of continuity and change in conceptions of sovereignty in recent times. The collection as a whole illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.

International Justice and the International Criminal Court

Author: Bruce Broomhall
Publisher: Oxford University Press on Demand
ISBN: 9780199274246
Format: PDF, Mobi
Download Now
This book reviews the rapid recent development of international criminal law, and explores solutions to key problems of official immunities, universal jurisdiction, the International Criminal Court and the stance of the United States, seeking to clarify how justice can best be done in a system of sovereign States. Readership: Academics, and scholars in the fields of international criminal law, international relations, criminal law, politics and human rights and constitutional law. Those involved in government and governmental organisations, including the United Nations and non-governmental organisations. Practitioners representing states in the field of international criminal law, and those involved with the emerging International Criminal Court and the International Criminal tribunals.

Irresolvable Norm Conflicts in International Law

Author: Valentin Jeutner
Publisher: Oxford University Press
ISBN: 0198808372
Format: PDF, ePub, Docs
Download Now
Conventionally, international legal scholarship concerned with norm conflicts focues on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.

Sovereign Financing and International Law

Author: Carlos Espósito
Publisher: Oxford University Press
ISBN: 019967437X
Format: PDF, Kindle
Download Now
In response to continuing global financial turmoil, the UN Conference for Trade and Development has produced a set of principles to govern future sovereign financing. This book expands on these principles from a legal and economic perspective to analyse how sovereign financing can be regulated to prevent similar debt crises from occurring again.

Fiduciaries of Humanity

Author: Evan J. Criddle
Publisher: Oxford University Press
ISBN: 0199397929
Format: PDF, ePub, Docs
Download Now
Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.

Governmental Illegitimacy in International Law

Author: Brad R. Roth
Publisher: Oxford University Press on Demand
ISBN: 9780199243013
Format: PDF, ePub
Download Now
When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.

State Sovereignty and International Governance

Author: Gerard Kreijen
Publisher: Oxford University Press
ISBN: 019924538X
Format: PDF
Download Now
How can the international community respond to States that fail to respect fundamental rules of international law? Does State sovereignty form an obstacle to the development of international legal principles, rules, and in particular, decision-making procedures as a basis for international governance? The contributors to this volume investigate these various aspects of State sovereignty and international governance. Their findings suggest that although sovereign States will remain the most important actors, global governance will lead to restrictions on the exercise of sovereignty.