Description : States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.
Description : This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.
Description : In the spirit of the 50th anniversary of the United Nations and the United Nations Decade of International Law, the contributors to "Perspectives on International Law" honour with this legal treatise a devoted friend of the United Nations and international law, Judge Manfred Lachs - a noted judge, diplomat, humanist and, above all, teacher. The work includes a variety of perspectives on international law relating to what were Judge Lachs' four main areas of interest: the theory and practice of international law, the United Nations, the World Court, and space law. The book meets the need for a reference work covering selected subject areas and providing different perspectives on some of the key issues of current concern. Many eminent experts in various fields related to international law, including Judges of the International Court of Justice, diplomats, and professors of law - most of whom knew Judge Lachs personally - have contributed. Each chapter has been prepared specifically for the book. The contributors represent all political, legal and cultural regions of the world and provide a range of backgrounds and viewpoints, offering a variety of new ideas for strengthening international law, based on their assessment of the lessons of the past.
Description : This volume, the second in the series "The Judges," which collects and synthesizes the opinions of leading international contemporary judges who have contributed significantly to the progressive development of international law, is devoted to the work of Judge Manfred Lachs, who was elected to the International Court of Justice in 1967. In his Foreword to the study, UN Secretary General Boutros Boutros-Ghali says of Lachs that His contribution to jurisprudence is especially noteworthy. He initiated a significant part of the jurisprudence of the Court in the area of human rights. He contributed to the formulation of the right to self-determination, helped to develop the law of the sea, and participated in the work of the Court in many other areas. But, above all, he was at the forefront of the most progressive battles of the Court, demonstrating great personal courage and great analytical rigour. As President of the Court, he showed a constant interest in improving its procedures and developing relations between the judicial organ and other organs of the United Nations.' Edward McWhinney's masterly essay, which precedes extracts from Manfred Lachs' Opinions and from some Judgements in which he played a crucial role, is essential reading for all those interested in the World Court, as well for Manfred Lachs' countless admirers, students and colleagues.
Description : This collection of essays is the outcome of the proceedings of the Centre for Research and Study in International Law and International Relations of the Hague Academy of International Law in the summer of 1983.
Description : International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.