Home And International Law

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This book is about home and international law. More specifically, it is about the profound, and frequently devastating, transformations of home that are happening almost everywhere in the world today, and what international law has to do with them. Through three stories of home - the desert home, the lake home, and the city home - this book traces how the everyday operations of international law shape the material, affective and imaginative experience of home. It argues that international law's 'homemaking work' is characterised by acts of domination, practices of resistance and the production of unhomely space. However, the book also considers whether and how the liberatory potential of international law could be unlocked through the metaphor of home. This book draws from fieldwork conducted by the author in Cambodia, Palestine and the United Kingdom. It takes a global socio-legal approach to home and international law, informed by feminist political theory, feminist geography, home studies and contemporary critical approaches to international law. It is the first academic work to examine the relationship between home and international law. This book's global socio-legal approach to international law and home will be of interest to those teaching and studying in international law, socio-legal studies, legal pluralism and legal geography.

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Genre : Law
Author : Henrietta Zeffert
Publisher :
Release : 2024
File : 0 Pages
ISBN-13 : 1032303433


The Intersection Of International Law And Domestic Law

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What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

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Genre : Law
Author : Davíd Thór Björgvinsson
Publisher : Edward Elgar Publishing
Release : 2015-11-27
File : 201 Pages
ISBN-13 : 9781785361876


International Law And Domestic Legal Systems

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By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.

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Genre : Law
Author : Dinah Shelton
Publisher : Oxford University Press, USA
Release : 2011-09-29
File : 749 Pages
ISBN-13 : 9780199694907


International Law In Domestic Courts

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The application of international law by domestic courts has gained increasing attention in recent years. In an ever-more interconnected world, domestic courts now make reference to judgments by foreign courts when faced with similar or identical legal problems involving international law. Their judgments see increasing recognition of their pivotal role in shaping and interpreting international law. Understanding them will be of use for any practitioner and scholar in international law. International Law in Domestic Courts, Oxford's online collection of domestic court decisions which apply international law, has been providing scholars with at-your-fingertips access to analysis and commentary for more than a decade. First established in 2006, it now includes over 1,700 judgments of cases involving international law-related aspects from nearly 100 countries and continues to expand. This Casebook is the perfect companion, presenting a selection of the most important cases along with a commentary to give a holistic overview of the use of international law in national courts, and how the jurisprudence has developed international law itself. Practitioners, students, and academics will find this an invaluable resource when faced with the complex questions of applying international law in domestic courts.

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Genre : Law
Author : André Nollkaemper
Publisher : Oxford University Press
Release : 2018-11-22
File : 769 Pages
ISBN-13 : 9780191060250


International Law Reports

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A unique and essential work of reference for the international lawyer.

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Genre : Law
Author : E. Lauterpacht
Publisher : Cambridge University Press
Release : 1998-01-29
File : 766 Pages
ISBN-13 : 0521580692


The Normative Position Of International Non Governmental Organizations Under International Law

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Exploring contemporary juridical theories regarding the normative position of INGOs vis-à-vis the subjects of international law, this book engages in a thorough contextual-historical and interdisciplinary evaluation of the potential to generate solutions for the exercise of unregulated authority outside the state-system.

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Genre : Law
Author : Rephael Harel Ben-Ari
Publisher : Martinus Nijhoff Publishers
Release : 2012-05-07
File : 406 Pages
ISBN-13 : 9789004229228


Using International Law In Domestic Courts

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International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

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Genre : Law
Author : Shaheed Fatima KC
Publisher : Bloomsbury Publishing
Release : 2005-10-04
File : 500 Pages
ISBN-13 : 9781847310521


Theories Of Compliance With International Law

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This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.

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Genre : Law
Author : Mark G. Burgstaller
Publisher : BRILL
Release : 2004-11-26
File : 242 Pages
ISBN-13 : 9789047406761


The Refugee In International Law

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Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.

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Genre : Art
Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
Release : 2007
File : 847 Pages
ISBN-13 : 9780199281305


International Law Theories

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Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

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Genre : Law
Author : Andrea Bianchi
Publisher : Oxford University Press
Release : 2016-11-04
File : 337 Pages
ISBN-13 : 9780191038211