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One of the first books generated by the new and controversial movement in jurisprudence known as critical legal studies, this superbly written volume explores the problem of treaty conflict in international law: the legal consequences of inconsistent commitments by one nation to two or more others. The author uses this problem as a prism through which he focuses a number of major theoretical issues in international law and international relations. The result is a pathbreaking intellectual history of international law--one grounded in an account of the changing structure of international society and illustrated with a cogent analysis of recent events in the Middle East. Certain to stand as the definitive reference work on treaty conflict, Binder's work provides students and scholars of international relations with an illuminating survey of theories of the state and treaty in international jurisprudence.
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
One of the first books generated by the new and controversial movement in jurisprudence known as critical legal studies, this superbly written volume explores the problem of treaty conflict in international law: the legal consequences of inconsistent commitments by one nation to two or more others. The author uses this problem as a prism through which he focuses a number of major theoretical issues in international law and international relations. The result is a pathbreaking intellectual history of international law--one grounded in an account of the changing structure of international society and illustrated with a cogent analysis of recent events in the Middle East. Certain to stand as the definitive reference work on treaty conflict, Binder's work provides students and scholars of international relations with an illuminating survey of theories of the state and treaty in international jurisprudence.
Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.
Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
Written by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabber's 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 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? 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. The second edition has been updated throughout, with particular attention to recent judicial decisions, and features new sections on sovereign debt relief, the prompt release of vessels, and the Antarctic.
Anthology of original documentary sources of the key British contributions to international law spanning the past 100 years.
Withdrawal from Multilateral Treaties is the first comprehensive and systematic legal analysis of withdrawal. It examines the political and legal framework around treaty making to explain how withdrawal evolved over time and suggests ways to improve conditions for orderly withdrawal.
This book emerged from an extended seminar series held in Edinburgh Law School which sought to explore the complex constitutional arrangements of the European legal space as an inter-connected mosaic. There has been much recent debate concerning the constitutional future of Europe, focusing almost exclusively upon the EU in the context of the (failed) Constitutional Treaty of 2003-5 and the subsequent Treatyof Lisbon. The premise of the book is that this focus, while indispensable, offers only a partial vision of the complex constitutional terrain of contemporary Europe. In addition, it is essential to explore other threads of normative authority within and across states, embracing internal challenges to state-level constitutional regimes; the growing jurisprudential assertiveness of the Council of Europe regime through the ECHR and various democracy-building measures; as well as Europe's ever thicker relations, both with its border regions and with broader international institutions, especially those of the United Nations. Together these developments create increasingly dense networks of constitutional authority within the European space. This fluid and multi-dimensional dynamic is difficult to classify, and indeed may seem in many ways impenetrable, but that makes the explanatory challenge all the more important and pressing. Without this fuller picture it becomes impossible to understand the legal context of Europe today or the prospects of ongoing changes. The book brings together a range of experts in law, legal theory and political science from across Europe in order to address these complex issues and to supply illustrative case-studies in the topical areas of the constitutionalisation of European labour law and European criminal law.