the concept of international law pdf

... institutions: the Mandate System of the League vii Trang 10The League of Nations and the new international law 123 The Mandate System and the construction of the The legacies of the Mandate System: ... Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S Bell FBA Professor of Law, Faculty of Law, University ... imperial character of the disciplineand its enduring significance for peoples of the Third World a n t o n y a n g h i e is Professor of Law at the S J Quinney School ofLaw, University of Utah He received

Ngày tải lên: 05/08/2014, 22:20

... virtue of law, or other formal action of the state or the supranational organization, the highest public auditing function of that state or the Board of Audit 1.2 Organization INTOSAI consists of: ... standards, and reviews past activities (The views expressed in this paper are the personal views of the author and do not reflect the official view of the Board of Audit of Japan.) * Born in 1956 Graduated ... Purpose of the establishment, and membership of SAIs INTOSAI is an international organization that was established to foster the exchange of ideas and membership of the SAIs of 185 countries and the

Ngày tải lên: 15/03/2014, 20:20

... jurists such as Lawrence ‘diverted attention from the positivist vision of law as force, and reorganised international law around the theme of order to reassure the reader of viability of the discipline’s ... utility of international law free of the ubiquitous and unanswerableAustinian objections.95 In short, the colonies offered international lawthe same opportunity they traditionally extended to the ... classes and the dissolute members of the aristocracy of the imperial centre: 94 On these efforts and the importance attached to them, see Oppenheim, ‘The Science of International Law’, 313;

Ngày tải lên: 05/08/2014, 22:20

... societies of thehistory of exclusion is related to the issue of the legacy of the nine-teenth century for the discipline as a whole Lawrence’s definition ofinternational law reflects both the view ... argues.235 The nineteenth century is the age of science,the application of industry for the betterment and progress of humansociety We see here, then, the suggestion of the idea that internationallaw ... preserve of Europe was enabled by an elaboration of the concept of ‘society’ Law properly prevailedonly among the members of society Consequently, for the positivists,the concept of law was intimately

Ngày tải lên: 05/08/2014, 22:20

... supervising the operation of the system Once the basic framework of the Mandate System had been established, it was the PMC that had the task of ensuring the progress of the mandate ... international law remained unchallenged by the new international law of the mandates that now presumed the triumph of European international law and the unequal international ... argue that these correspond closely with the ideas of advocates of the new international law It is in the unique circumstances of the Mandate System -unique because of the connection

Ngày tải lên: 05/08/2014, 22:20

... rather than that of the Western/European states alone, and the creation of such a system of law would in itself resolve the secondary problem of whether the rules of international ... (citing the PMC’s statement from the Third Session). the mandate system of the league of nations 177 the existence of grievances such as the lack of native participation in the Mandate System ‘the ... societies. Rather, the dominance of the eco- nomic, as discussed, profoundly altered the whole system of legitimacy, of authority, and of the meaning that held mandate societies together. The doctor

Ngày tải lên: 05/08/2014, 22:20

... regulated by the laws of that government Theseagreements were not, of course, the subject of international law sincethey fell within the scope of the domestic jurisdiction of the colonialstate The acquisition ... States in their capacity as subjects of international law is based on the municipal law of some country The question as to what this law is forms the subject of that branch of law which is at the present ... only is the concession not governed by the law of Abu Dhabi, but it could, rather, be governed by the law of England because that law represented the ‘modern law of nature’ As mentioned, these

Ngày tải lên: 05/08/2014, 22:20

... examination of the Bank and itsattempts to further the project of ‘good governance’ The Bank is themajor development institution in the international system and, further, 34Susan Marks, The Riddle of ... opposed to the provision of the basic welfare services nec-essary for survival.51 Further, the Articles of Agreement of the Bank,the constituent document of the organization, require the Bank to ... international law and relations This argument of novelty isbased on an understanding of the history of international law viewed in terms of the history of the European state, even when the Europeanstate

Ngày tải lên: 05/08/2014, 22:20

... international activities in the name ofthe WAT These developments suggest a dual process: the further expan-sion, ostensibly within the framework of the UN Charter, of the powers of the large states, and ... undermined, international human rights law, internationalhumanitarian law and, most significantly, the law relating to the UNCharter and the use of force.99 And just as the novelty of the threatposed ... thus affirming the enduring hold of these formations onthe structure and imagination of international law As David Kennedyhas argued, then, the attempts to renew international law often repeatsimilar

Ngày tải lên: 05/08/2014, 22:20

... ‘When Was the Law of International Society Born? An Inquiry of the History of International Law from an Intercivilizational Perspective’, 2 Journal of the History of International Law (2000) ... 1946) Norton, Patrick M., ‘Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, (1991) 85 American Journal of International Law474 505 Nussbaum, Arthur, ... The Carnegie Endowment, 1921) Lauterpacht, Hersch, The Function of Law in the International Community (Oxford: Clarendon Press, 1933) ‘The Mandate Under International Law in the Covenant of the

Ngày tải lên: 05/08/2014, 22:20

... aviolation of the civil laws of Castile Did it mean, then, that the civil laws of Castilewere in some sense in violation of the common wisdom of the commonwealth ofthe world? Cleary the answer could ... whereas the former are forbidden by law,the latter were sanctioned by the state They are, that is, a part of the civil law It isthis which makes them tyrannical The harm which the rulers of the barbarian ... by the “continual Use, and the Testimony of Men skilled in the Laws.”3In the nineteenth century, and in the absence of abelief in a natural or divine law underpinning all legal norms, the law of

Ngày tải lên: 08/01/2020, 11:03

... behalf of the U.S Treasury and in Kazakhstan and Azerbaijan on behalf of the International Monetary Fund THE LIMITS OF LEVIATHAN Contract Theory and the Enforcement of International Law ROBERT ... describe both the law and economics of contracts as well as the separate discipline of the economics of contract) explains much of current practice regarding the enforcement of international law Seeking ... Investment and the Business Environment in Developing Countries: The Impact of Bilateral Investment Treaties (2005) Joel P Trachtman, The Theory of the Firm and the Theory of International Economic

Ngày tải lên: 30/03/2020, 19:50

... Vietnamese law in registration o f ship.4 The new contribution to Science of the thesis: The thesis analyse clearly the concepts o f ships, nationality o f ships, registration Ị of ships basing on the ... Trang 2HANOI LAW UNIVERSITY LUND UNIVERSITY FACULTY OF LAW THE LẴGAL ỈSSUES OF SHIP REGISTRATION lisr VỈETNAM IN COMPARISON WITH THE REQUIREMENT OF INTERNATIONAL LAW SPECIALTY: INTERNATIONAL ... view o f the concepts and comparison with the actual regulations o f the states Thus, the thesis is the premise o f more studies o f detail aspects in constructing Vietnamese Law The thesis can

Ngày tải lên: 16/08/2020, 15:14

... and the scope of the research The purpose of the research This Thesis is aiming for assessing the matter of the threat or use of force inBien Dong under international law The objectives of the ... betweenmaritime law enforcement and the use of force Notably, there is a Master’s thesis major in Law of the Sea from Faculty ofLaw – The Arctic University of Norway of Sarah Goyette (2014) with the title ... overview of the notion By approaching these concepts with thedistinctive purposes of this Thesis, these contents are the very starting point forfurther research about the concepts of the use

Ngày tải lên: 04/11/2020, 16:07

... Shaping of International Law’, 8/1 Georgia Journal of International and Comparative Law (1978) 1–25 Sohn, Louis B., ‘The New International Law: Protection of the Rights of Individuals Rather Than ... of the state in the formation of custom and general principles of law The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law ... “Pedantic’ 47 Non-Treaty Sources A On the “Sources” of International Law 49 Article 38 of the Statute of the International Court of Justice 52 Acceptance and Reception in the Literature 53 Two or Three

Ngày tải lên: 16/02/2021, 14:51

... and the route of the Wall in the context of international law Under international law, Israel can defend only Israeli territory, which undeniably is situated to the west of the Green Line In other ... to the east of the Green Line, as the decisions of Israel's Supreme Court suggest [FN39] The principle of the primacy of international law leaves no margin of appreciation for Israel's courts they ... forthwith the structure" of the Wall (i.e., 99% of it that extends past the Green Line into the West Bank) it is not simply a matter of the "adjustment" within the West Bank of the Wall's

Ngày tải lên: 20/10/2022, 09:17

... FBA Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S. Bell FBA Professor of Law, Faculty of Law, ... to the history of international law, illuminating the imperial character of the discipline and its enduring significance for peoples of the Third World. antony anghie is Professor of Law at the ... sovereign rather than the Pope. Vitoria further undermines the position of the Church by refuting another justification for Spanish conquest of the Indies: the argument that the Emperor is lord of the...

Ngày tải lên: 19/02/2014, 05:20

... of analogical reasoning, the court compares the relative strength of two sets of facts – the facts of the precedent case and the facts of a new case now under consideration. If the facts of the ... that the ratio sets out the factors that ground the reason(s) in favor of the result: the later court must determine the strength of the reason in favor of the result in the precedent on the basis ... precedents can be seen as the reverse of expansion of precedents on the basis of similarity: here, the court limits the effect of precedents on the basis of dissimilarity. The process of distinguishing precedents...

Ngày tải lên: 01/11/2013, 08:20

... feature of the 1994 reference to the aim of ‘optimal use of the world’s resources’ as opposed to the 1947 objective for the use of the ‘full resources of the world’. References to human rights and the ... models of law and norms are characteristic of what people often mean when they use the word ‘globalisation’. 251 The return of universalist law 172 See Rajagopal, International Law, ch. 4, on the ... historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe 50 The passionate sources of personal moral...

Ngày tải lên: 01/11/2013, 08:20