Archivo de Etiquetas: International Law

Despite their many obvious interconnections, EU and international law are all too often studied and practised in different spheres. While it is natural for each to insist on its own unique characteristics, and in particular for the EU to emphasise its sui generis nature, important insights might be lost because of this exclusionary approach. This book aims to break through some of those barriers and to show how more interaction between the two spheres might be encouraged. In so doing, it offers a constitutional dimension but also a substantive one, identifying policy areas where EU and international law and their respective actors work alongside each other. Offering a 360-degree view on both EU and international institutional and substantive law, this collection presents a refreshing perspective on a longstanding issue.

In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.

The African Journal of International and Comparative Law provides invaluable material on public or private international and comparative law on a pan-African basis.

2018 Topical summary The Topical Summary of the debate in the Sixth Committee on the 2018 ILC report, has been issued (A/CN.4/724).   [via International Law Commission]

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains 'human rights' by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict. Contributing to the development of feminist and gender scholarship on international law, Gina Heathcote provides a feminist analysis of the central pillars of international law, noting the advances and limitations of feminist approaches. Through incorporating into mainstream international legal studies specific critical and feminist narratives, this book considers the manner in which feminist thinking has changed international law, and the manner in which international law has remained impervious to key feminist dialogues. It argues for a return to structural bias feminism that engages the foundations of international law and uses gender as a method for challenging post-millennium narratives on fragmentation, the role of international institutions, the nature of legal authority, sovereignty, and the role of international legal experts.

Dear friends of the International Nuremberg Principles Academy, We are pleased to announce, in co-operation with the Centre for International Law Research and Policy (CILRAP), a call for papers on “Integrity in International Justice”, ahead of an international expert conference on this topic in the Peace Palace in The Hague, …

New lecture by Eduardo Bertoni (@ebertoni), Professor at @DerechoUBA and @nyulaw, on “Human Rights and the Internet: International Standards” (in Spanish), now available at the United Nations Audiovisual Library of International Law at http://legal.un.org/avl/ls/Bertoni_HR.html … New lecture by Eduardo Bertoni (@ebertoni), Professor at @DerechoUBA and @nyulaw, on “Human Rights and the …

Spanish Yearbook of International Law: vol. 22 (2018) El nuevo volumen del SYbIL, correspondiente a 2018, ya está disponible. Puede descargarse aquí. [via Comunicaciones de la AEPDIRI – AEPDIRI]

International Law in Domestic Courts Author: Edited by Andre Nollkaemper, August Reinisch, Ralph Janik, and Florentina SimlingerISBN: 9780198739746Binding: HardcoverPublication Date: 28 January 2019Price: $175.00 Description The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. …

2019 Session of the ILC The provisional agenda for the seventy-first session of the ILC is now available (A/CN.4/723). [via International Law Commission]