The Concept of Unity in Public International Law

At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive.

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Author: Mario Prost

Publisher: Bloomsbury Publishing

ISBN: 9781847319173

Category: Law

Page: 226

View: 186

'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.

Unity and Pluralism in Public International Law

This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.

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Author: Oriol Casanovas y La Rosa

Publisher: Martinus Nijhoff Publishers

ISBN: 9041116648

Category: Law

Page: 272

View: 150

The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.

The Public International Law Theory of Hans Kelsen

Believing in Universal Law Jochen von Bernstorff. III The idea of unity in the
discourse on international law Verdross was the first to try to demonstrate the
concept of unity by way of positive international law, the “international law of
experience.

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Author: Jochen von Bernstorff

Publisher: Cambridge University Press

ISBN: 9781139488587

Category: Law

Page:

View: 994

This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

Bulletin of the Pan American Union

Now , gentlemen , there are several political directions possible in the regulation
of American public international law . ... having the same origin , the same
language and the same gods , have yet never reached a conception of juridical
unity .

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Author: Pan American Union

Publisher:

ISBN: UCR:31210017207133

Category: America

Page:

View: 557

Public International Law

... and Manning , and international theory 1926 ( e ) - contribution of private
international law and comparative law to 3642 ( e ) - crisis of legal unity 2090 ( f )
- European state system , and Heeren , classical theory 2735 ( s ) - four freedoms
of ...

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Author: Peter Macalister-Smith

Publisher:

ISBN: STANFORD:36105064129203

Category: Festschriften

Page: 736

View: 890

Interpretation in International Law

28 See Gerry Simpson, 'On the Magic Mountain: Teaching Public International
Law' (1999) 10 EJIL 70, 78: 'At one time, when ... It 'is not merely a linguistic
doctrine, but a doctrine that implies, in addition to a theory of language, a theory
of the self, of community, ... 41 Mario Prost, The Concept of Unity in Public
International.

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Author: Andrea Bianchi

Publisher: OUP Oxford

ISBN: 9780191038709

Category: Law

Page: 380

View: 331

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.

Diversity in Secondary Rules and the Unity of International Law

Without those features so central to the classic international legal order , the
Community truly becomes something new . ... claims that ' the cluster of principles
' around the concept of reciprocity : ' well established in general international law
, although even there subject to many important modifications ... F . G . Jacobs , '
European Community Law and Public International Law : Two Different Legal
Orders ...

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Author: L. Barnhoorn

Publisher: Springer

ISBN: STANFORD:36105060571689

Category: Law

Page: 365

View: 741

This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.

Human Rights Law Journal

I see no sense in trying to escape from the reality of the specificity of the
International Law of Human Rights as a whole , the recognition of which , in my
understanding , in no way threatens the unity of Public International Law ; quite
on the ...

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Author:

Publisher:

ISBN: STANFORD:36105063222686

Category: Civil rights

Page:

View: 832

Substance of Public International Law Western and Eastern

While State law is governed by the fundamental principle that State legislation is
to be obeyed , International law is ... According to this theory , the science of law
is a single and integrated unity composed of legal rules binding on States , on ...

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Author: A. K. Pavithran

Publisher:

ISBN: UOM:39015002655960

Category: International law

Page: 783

View: 651

Collected courses of the Hague Academy of International Law

In the conception of Vitoria , the law of nations regulates an international
community ... in his De Lege , Vitoria sustained General Course on Public
International Law 253 State succession and the general interests of the
international com- unity.

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Author: Hague Academy of International Law

Publisher:

ISBN: STANFORD:36105064141240

Category: International law

Page:

View: 162

Unity and Diversity in International Law

"Proceedings of an international symposium of the Kiel Walther Schücking Institute of International Law, November 4-7, 2004."--T.p.

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Author: Andreas Zimmermann

Publisher:

ISBN: 3428120191

Category: International law

Page: 496

View: 415

Proceedings of an international symposium of the Kiel Walther Schücking Institute of International Law, November 4-7, 2004.

The Theory and Practice of Private International Law

If an new Italo - French school of private international law has shown the way to a
thorough examination of the leading principles of the science . ... The question
may be raised , whether the time is yet come for treating private international law
as a unity , and without special ... no other , viz . that private international law
stands in very close connection with public international law , the law of nations .

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Author: Ludwig von Bar

Publisher:

ISBN: UOM:35112102627165

Category: Conflict of laws

Page: 1162

View: 698

The Unity of Public Law

This book tackles the relationship between the common law of judicial review, the written constitution and public international law.

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Author: David Dyzenhaus

Publisher: Hart Publishing

ISBN: 9781841134345

Category: Law

Page: 496

View: 455

This book tackles the relationship between the common law of judicial review, the written constitution and public international law.

Encyclopedia of Public International Law

The concept of " socialist " sovereignty and non - intervention in internal affairs is
said to have gained a higher quality by the addition of the duty of all socialist
States to afford mutual protection to their independence and the unity of their “
camp ...

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Author: Peter Macalister-Smith

Publisher: Amsterdam : North-Holland

ISBN: STANFORD:36105060756819

Category: Reference

Page: 1650

View: 236

Award.

Bulletin

Now , gentlemen , there are several political directions possible in the regulation
of American public international law . ... having the same origin , the same
language and the same gods , have yet never reached a conception of juridical
unity .

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Author: Pan American Union

Publisher:

ISBN: PSU:000059954095

Category:

Page:

View: 373

Tilburg Foreign Law Review

and international lawyers , in order to further focus on the relationship between
EU and international law . ... rights of Member States in international
organisations , the definition of the precautionary principle under WTO and EC
law ; the UN Convention against ... 00 ) INTERNATIONAL LAW UNITY AND
PLURALISM IN PUBLIC INTERNATIONAL LAW DEVELOPMENTS IN
INTERNATIONAL LAW Volume ...

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Author:

Publisher:

ISBN: STANFORD:36105063734565

Category: Comparative law

Page:

View: 664

Theory and Reality in Public International Law

Charles de Visscher, Woodrow Wilson School of Public and International Affairs.
Center of ... He sees clearly the political unity of the State but seeks , like his
illustrious predecessor , to bring it under the higher unity of the human race .

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Author: Charles de Visscher

Publisher: Princeton, N.J. : Princeton University Press

ISBN: UCAL:B3981765

Category: International law

Page: 381

View: 278

Public International Law

The adherents to this theory further maintain that the origin : and sources of the
two laws are essentially the same , both ... Kelsen ( of thi Vienna School ) holds
that there is unity of law between Municipa Law and International Law and a view
 ...

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Author: Mahesh Prasad Tandon

Publisher:

ISBN: OSU:32437000279907

Category: International law

Page: 787

View: 736

The Movement Toward Latin American Unity

On the other hand , public international corporations which do not depend on the
law of any particular country have international status because they are formed
under the provisions of an international treaty . Such recent international entities
 ...

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Author: Ronald Hilton

Publisher: New York : F. A. Praeger

ISBN: UOM:39015011002527

Category: Latin America

Page: 561

View: 370