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The aim of this collection of essays in Robin Churchill's honour is
to discuss some key examples of the achievements of international
law - with the express aim of exploring both what it has achieved
and also its limits. This will serve as a response to the two
popular but opposite misconceptions about the role of international
law. One view is that international law is too weak to improve the
World in any significant way. The other view is that international
law is a panacea that can be used to rid the world of many of its
ills. The book is divided into five distinct parts, each reflecting
on what international law has achieved within broadly defined
substantive areas. It opens with a discussion on general
international law and international human rights law, before
exploring the law of the sea and fisheries. It then looks at
international environmental law before finally examining the use of
force and international criminal law. The chapters and the
collection overall will provide a contrast to the popular
misconceptions about international law by offering examples of both
the success and also limitations of it as a system.
This accessible collection of important international human rights
documents is an essential resource for students and researchers of
international human rights law. In addition to standard instruments
such as the Universal Declaration, the 1966 United Nations
Covenants and the European Convention and its Protocols, the volume
also features topics and documents such as all core UN human rights
treaties and their protocols, key international labour instruments
and the obligations of the global financial organisations and
multi-national corporations. Taking a broad and historical
approach, the collection also incorporates Inter-American, African,
Asian and Arab instruments alongside older UN documents and
numerous soft law documents. Its approach reflects the diverse
nature of international human rights law and the courses which now
seek to teach it. This book is also valuable for students of
international law, global governance and other courses which
discuss the law of international human rights.
The aim of this collection of essays in Robin Churchill’s honour
is to discuss some key examples of the achievements of
international law – with the express aim of exploring both what
it has achieved and also its limits. This will serve as a response
to the two popular but opposite misconceptions about the role of
international law. One view is that international law is too weak
to improve the World in any significant way. The other view is that
international law is a panacea that can be used to rid the world of
many of its ills. The book is divided into five distinct parts,
each reflecting on what international law has achieved within
broadly defined substantive areas. It opens with a discussion on
general international law and international human rights law,
before exploring the law of the sea and fisheries. It then looks at
international environmental law before finally examining the use of
force and international criminal law. The chapters and the
collection overall will provide a contrast to the popular
misconceptions about international law by offering examples of both
the success and also limitations of it as a system.
Jurisdictional Exceptionalisms examines the legal issues associated
with a parent's forced removal of their children to reside in
another country following relationship dissolution or divorce.
Through an analysis of Public and Private International Laws, and
Islamic law - historical and as implemented in contemporary Muslim
Family Law States - the authors uncover distinct legal lexicons
that centre children's interests in premodern Islamic legal
doctrines, modern State practice, and multilateral conventions on
children. While legal advocates and policy makers pursue global
solutions to parental child abduction, this volume identifies
fundamental obstacles, including the absence of shared
understandings of jurisdiction. By examining the relevant law and
practice, the study exposes the polarised politics embedded in the
technical legal rules on jurisdiction. Presenting a new, innovative
method in comparative legal history, the book examines the beliefs,
values, histories, doctrines, institutions and practices of legal
systems presumed to be in conflict with one another.
Urfan Khaliq analyses the theory and practice of the European
Union's 'ethical foreign policy', arguing that current practices
dilute the impact and efficacy of Union policies but that an effort
which is at times effective is being made to protect certain values
in the Union's international relations. Beginning with an
investigation of the international rules authorising or obliging
the Union/Community or the Member States to promote certain values
in third countries or take action to protect them, Khaliq goes on
to examine the limits under international law which constrain such
policies. The issues are then assessed from a Union/Community law
perspective, and the importance attached to ethical values and
their relationship with other priorities and objectives is analysed
in the context of relations with Myanmar, Nigeria, Pakistan, Israel
and the Palestinian Authority. The European Community's
humanitarian aid policy is also discussed.
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