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The essays in this collection are based on papers originally presented at the sixth meeting of the European-American Consortium for Legal Education, held at the University of Helsinki, Finland in May, 2007. EACLE is a transatlantic consortium of law faculties dedicated to co- eration and to the exchange of ideas between different legal systems and cultures. Each year the EACLE colloquium considers a speci?c legal qu- tion from a variety of national perspectives. The 2007 initiative on "The Internationalization of Law and Legal Education" was coordinated by the staff of the University of Helsinki Faculty of Law and the Academy of F- land Centre of Excellence in Global Governance Research. We would like to thank those who attended the 2007 meeting for their insightful remarks, and for their inspiration, suggestions, and encouragement in making this volume and the EACLE consortium so effective in fostering greater trans- lantic cooperation on law and legal education. Thanks are also due to the faculty, staff and students of the Center for International and Comparative Law who prepared this volume for publication, and particularly to Morad Eghbal, James Maxeiner, Kathryn Spanogle, Jordan Kobb, Astarte Daley, Suzanne Conklin, P. Hong Le, P- tima Lele, Nicholas McKinney, Shandon Phan, T.J. Sachse, Katherine Si- son, Toscha Stoner-Silbaugh, Bjorn ] Thorstensen, Ryan Webster, and Cheri Wendt-Taczak."
The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Ius Gentium Association (the Finnish Society of International Law) by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fybil.org Symposium: International Law, the Environment and Power Katja Keinanen and Kati Kulovesi Introduction to the Special Theme: International Law, the Environment and Power Ellen Hey Global Environmental Law Kati Kulovesi Fragmented Landscapes, Troubled Relationships: The WTO Dispute Settlement System and International Environmental Law China Mieville Multilateralism as Terror: International Law, Haiti and Imperialism Peter H. Sand 'Scientific Whaling': Whither Sanctions for Non-Compliance with International Law? Articles Kirsten J. Fisher Identifying Liability: Ambiguous Charges in International Criminal Law Jorg Kammerhofer Systemic Integration, Legal Theory and the International Law Commission Marja Lehto The Crime of Terrorism and the Emerging Framework of International Criminal Law: Reflections on the 'Hierarchy of Evil' Hannes Peltonen Of Rights and Responsibilities: The Right of Humanitarian Intervention Akbar Rasulov 'The Nameless Rapture of the Struggle': Towards a Marxist Class-Theoretic Approach to International Law viii Kaarlo Tuori The Law's Farewell to the Nation State? Rene Uruena In the Search of International Homo Economicus: Individual Agency and Rationality in Global Governance Book Reviews & Review Essays Edited by Rain Liivoja Shakira Bedoya Sanchez, Zenon Bankowski and James MacLean (eds), The Universal and the Particular in Legal Reasoning Erkki Holmila Simon Chesterman and Chia Lehnardt (eds), From Mercenaries to Market: The Rise and Regulation of Private Military Companies Jackson Maogoto, Benedict Sheehy and Virginia K. Newell, Legal Control of the Private Military Corporation Manuel Jimenez Fonseca Paolo Galizzi and Alena Herklotz (eds), The Role of the Environment in Poverty Alleviation Paavo Kotiaho Chittharanjan F. Amerasinghe, Diplomatic Protection Kati Kulovesi Farhana Yamin and Joanna Depledge, The International Climate Change Regime: A Guide to Rules, Institutions and Procedures; David Freestone and Charlotte Streck (eds), Legal Aspects of Implementing the Kyoto Protocol Mechanisms: Making Kyoto Work Rain Liivoja Cedric Ryngaert, Jurisdiction in International Law Reetta Toivanen Mark Goodale (ed.), Human Rights: An Anthropological Reader Silke Trommer Dennis Patterson and Ari Afilalo, The New Global Trading Order: The Evolving State and the Future of World Trade New Finnish Doctoral Dissertations in International Law Viljam Engstrom Understanding Powers of International Organizations: A Study of the Doctrines of Attributed Powers, Implied Powers and Constitutionalism - with a Special Focus on the Human Rights Committee Statement by Jan Klabbers Finnish State Practice Virpi Laukkanen Elements of Finnish State Practice in 2007-2008 Ius Gentium Association
Written by one of the world's leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as 'the rules governing the legal relationship between nations and states'. However, with political, diplomatic and socio-economic factors shaping the law and its application, international law is much more complex. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles and breathing new life and energy into the subject, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? What does it say? This fourth edition includes references to new case-law and literature, and features (brief) discussions on recent topics of general interest, including the Ukraine invasion, global health law and energy law.
Jan Klabbers questions how membership of the European Union affects treaties concluded between the Union's member states and third states, both when it concerns treaties concluded before EU membership and treaties concluded after joining. Following a discussion of the public international law rules on treaty conflict, the author analyzes the case-law of the European Court of Justice and examines how such conflicts are approached in state practice.
Written by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabbers' landmark textbook. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. This third edition includes references to new case-law and literature, and features brief discussions on recent topics of general interest, including Brexit and the worldwide outbreak of the Coronavirus.
Written by one of the world's leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as 'the rules governing the legal relationship between nations and states'. However, with political, diplomatic and socio-economic factors shaping the law and its application, international law is much more complex. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles and breathing new life and energy into the subject, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? What does it say? This fourth edition includes references to new case-law and literature, and features (brief) discussions on recent topics of general interest, including the Ukraine invasion, global health law and energy law.
Since rules - legal, ethical or otherwise - cannot determine their own application, they require persons of flesh and blood to interpret and apply them in concrete cases. Presidents and prime ministers, judges, prosecutors, mediators, leaders of international organizations, and even religious leaders and public intellectuals make decisions on how best to understand rules and how best to apply them. It stands to reason that their character traits influence the sort of decisions they take. This book provides the first systematic framework for discussing global governance in terms of the virtues, and illustrates it with a number of detailed examples of concrete decision-making in specific situations. Virtue in Global Governance combines insights from law, ethics, and global governance studies in developing a unique approach to global governance and international law.
The sovereignty of states to enact and enforce laws within their jurisdictions has been recognized since the Treaty of Westphalia in 1648. There are now, however, accepted global legal norms that transcend national sovereignty and hold states accountable for not including their domestic legal regimes. This volume is the first book-length treatment to describe and explain how legal orders can be interwoven, and what to do about it. Coining the term 'inter-legality', this volume provides essays on the history, primary areas of inter-legality, the concept of jurisdiction, and normative developments prompted by inter-legality. Bringing together a wide range of contributors who stem from a variety of different academic backgrounds, this book aims to answer three questions: does inter-legality occur with some regularity? How does it affect traditional legal concepts such as 'jurisdiction' or 'legal order' or 'responsibility'? And what are the normative implications?
The Cambridge Companion to International Organizations Law illuminates, from a legal perspective, what international organizations are, what makes them 'tick' and how they affect the world around them. It critically discusses such classic issues as the concept of international organization and membership, as well as questions of internal relations, accountability and how they make law, set standards and otherwise affect both their member states and the world around them. The volume further discusses the role of international organizations in particular policy domains, zooming in on domains which are not often discussed through international organizations, including disarmament, energy, food security and health. Eventually, a picture emerges of international organizations as complex phenomena engaging in all sorts of activities and relationships, the operation and authority of which is underpinned by the rules and regulations of international law.
The Cambridge Companion to International Organizations Law illuminates, from a legal perspective, what international organizations are, what makes them 'tick' and how they affect the world around them. It critically discusses such classic issues as the concept of international organization and membership, as well as questions of internal relations, accountability and how they make law, set standards and otherwise affect both their member states and the world around them. The volume further discusses the role of international organizations in particular policy domains, zooming in on domains which are not often discussed through international organizations, including disarmament, energy, food security and health. Eventually, a picture emerges of international organizations as complex phenomena engaging in all sorts of activities and relationships, the operation and authority of which is underpinned by the rules and regulations of international law.
The essays in this collection are based on papers originally presented at the sixth meeting of the European-American Consortium for Legal Education, held at the University of Helsinki, Finland in May, 2007. EACLE is a transatlantic consortium of law faculties dedicated to co- eration and to the exchange of ideas between different legal systems and cultures. Each year the EACLE colloquium considers a speci?c legal qu- tion from a variety of national perspectives. The 2007 initiative on "The Internationalization of Law and Legal Education" was coordinated by the staff of the University of Helsinki Faculty of Law and the Academy of F- land Centre of Excellence in Global Governance Research. We would like to thank those who attended the 2007 meeting for their insightful remarks, and for their inspiration, suggestions, and encouragement in making this volume and the EACLE consortium so effective in fostering greater trans- lantic cooperation on law and legal education. Thanks are also due to the faculty, staff and students of the Center for International and Comparative Law who prepared this volume for publication, and particularly to Morad Eghbal, James Maxeiner, Kathryn Spanogle, Jordan Kobb, Astarte Daley, Suzanne Conklin, P. Hong Le, P- tima Lele, Nicholas McKinney, Shandon Phan, T.J. Sachse, Katherine Si- son, Toscha Stoner-Silbaugh, Bjorn ] Thorstensen, Ryan Webster, and Cheri Wendt-Taczak."
The fourth edition of this market-leading textbook offers students a clear framework for understanding the practice and logic of International Organizations Law. It is structured around the three defining relationships IOs engage in - namely, with their member states, with their organs and staff, and with the outside world. These different dynamics give rise to different concerns, which each help to explain the logic behind international institutional law. The text also discusses the essential topics of the law of IOs, including powers and finances, privileges and immunities, institutional structures, and accountability. By demonstrating how the theory works in practice, with recent examples, students will observe the impact and significance of International Organizations Law. Updated with the latest case law and literature, this new edition also contains discussions of the withdrawal of Israel and the US from UNESCO, Brexit, and the Covid-19 pandemic, and how these affect the law of international organizations.
The book examines one of the most debated issues in current
international law: to what extent the international legal system
has constitutional features comparable to what we find in national
law. This question has become increasingly relevant in a time of
globalization, where new international institutions and courts are
established to address international issues. Constitutionalization
beyond the nation state has for many years been discussed in
relation to the European Union. This book asks whether we now see
constitutionalization taking place also at the global level.
The book examines one of the most debated issues in current
international law: to what extent the international legal system
has constitutional features comparable to what we find in national
law. This question has become increasingly relevant in a time of
globalization, where new international institutions and courts are
established to address international issues. Constitutionalization
beyond the nation state has for many years been discussed in
relation to the European Union. This book asks whether we now see
constitutionalization taking place also at the global level.
This book addresses conflicts involving different normative orders: What happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when, and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.
The sovereignty of states to enact and enforce laws within their jurisdictions has been recognized since the Treaty of Westphalia in 1648. There are now, however, accepted global legal norms that transcend national sovereignty and hold states accountable for not including their domestic legal regimes. This volume is the first book-length treatment to describe and explain how legal orders can be interwoven, and what to do about it. Coining the term 'inter-legality', this volume provides essays on the history, primary areas of inter-legality, the concept of jurisdiction, and normative developments prompted by inter-legality. Bringing together a wide range of contributors who stem from a variety of different academic backgrounds, this book aims to answer three questions: does inter-legality occur with some regularity? How does it affect traditional legal concepts such as 'jurisdiction' or 'legal order' or 'responsibility'? And what are the normative implications?
The fourth edition of this market-leading textbook offers students a clear framework for understanding the practice and logic of International Organizations Law. It is structured around the three defining relationships IOs engage in - namely, with their member states, with their organs and staff, and with the outside world. These different dynamics give rise to different concerns, which each help to explain the logic behind international institutional law. The text also discusses the essential topics of the law of IOs, including powers and finances, privileges and immunities, institutional structures, and accountability. By demonstrating how the theory works in practice, with recent examples, students will observe the impact and significance of International Organizations Law. Updated with the latest case law and literature, this new edition also contains discussions of the withdrawal of Israel and the US from UNESCO, Brexit, and the Covid-19 pandemic, and how these affect the law of international organizations.
This book addresses conflicts involving different normative orders: What happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when, and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.
Written by one of the world's leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? What does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning.
Jan Klabbers questions how membership of the European Union affects treaties concluded between the Union"s member states and third states, both when it concerns treaties concluded before EU membership and treaties concluded after joining. Following a discussion of the public international law rules on treaty conflict, the author analyzes the case-law of the European Court of Justice and examines how such conflicts are approached in state practice.
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