Results for 'Public International Law'

972 found
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  1.  9
    Public international law.Philip Bobbitt - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 103–118.
    This chapter contains sections titled: The Subject Matter of International Law The Sources of International Law Conclusion References.
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  2.  13
    The Public International Law Theory of Hans Kelsen: Believing in Universal Law.Jochen von Bernstorff - 2010 - Cambridge University Press.
    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 (...)
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  3.  17
    Legitimacy, Justice and Public International Law.Lukas H. Meyer (ed.) - 2009 - Cambridge Univeristy Press.
    Do states or individuals stand under duties of international justice to people who live elsewhere and to other states? How are we to assess the legitimacy of international institutions such as the International Monetary Fund and the United Nations Security Council? Should we support reforms of international institutions and how should we go about assessing alternative proposals of such reforms? The book brings together leading scholars of public international law, jurisprudence and international relations, (...)
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  4.  14
    The Interpretation of Acts and Rules in Public International Law.Alexander Orakhelashvili - 2008 - Oxford University Press UK.
    There are frequent claims that the regulation of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the desired stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary pre-requisite for international law to be viewed as law. This study examines this problem for the first time since (...)
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  5.  17
    International Law, COVID-19 and Feminist Engagement with the United Nations Security Council: The End of the Affair?Catherine O’Rourke - 2020 - Feminist Legal Studies 28 (3):321-328.
    The gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised by the (...)
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  6.  25
    The New International Health Regulations: An Historic Development for International Law and Public Health.David P. Fidler & Lawrence O. Gostin - 2006 - Journal of Law, Medicine and Ethics 34 (1):85-94.
    The World Health Assembly adopted the new International Health Regulations on May 23, 2005. The new IHR represent the culmination of a decade-long revision process and an historic development for international law and public health. The new IHR appear at a moment when public health, security, and democracy have become intertwined, addressed at the highest levels of government. The United Nations Secretary-General Kofi Annan, for example, identified IHR revision as a priority for moving humanity toward “larger (...)
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  7. Public opinion and international law.Henri Eam Rolin - forthcoming - Social Research: An International Quarterly.
     
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  8.  31
    Preferences and Compliance with International Law.Katerina Linos & Adam Chilton - 2021 - Theoretical Inquiries in Law 22 (2):247-298.
    International law lacks many of the standard features of domestic law. There are few legislative or judicial bodies with exclusive authority over particular jurisdictions or subject matters, the subjects regulated by international law typically must affirmatively consent to be bound by it, and supranational authorities with the power to coerce states to comply with international obligations are rare. How can a legal system with these features generate changes in state behavior? For many theories, the ability of (...) law to inform and change individual preferences provides the answer. When voters care that treaty commitments be kept, or that international norms be honored, the theory goes, leaders are more likely to be able to make choices consistent with international obligations. Over the last decade, a literature has emerged testing these theories using surveys and experiments embedded in surveys. Multiple U.S. studies find that international law and international norm arguments shift public opinion in the direction of greater compliance by 4 to 20 percentage points. However, studies in foreign contexts are more mixed, with some backlash reported in countries in which international law is highly politicized. This Article describes the state of current knowledge about whether international law actually does change preferences, explains the limitations with existing research, and proposes avenues for future study. (shrink)
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  9.  49
    International public health law: not so much WHO as why, and not enough WHO and why not? [REVIEW]Shawn H. E. Harmon - 2009 - Medicine, Health Care and Philosophy 12 (3):245-255.
    To state the obvious, “health matters”, but health (or its equitable enjoyment) is neither simple nor easy. Public health in particular, which encompasses a broad collection of complex and multidisciplinary activities which are critical to the wellbeing and security of individuals, populations and nations, is a difficult milieu to master effectively. In fact, despite the vital importance of public health, there is a relative dearth of ethico-legal norms tailored for, and directed at, the public health sector, particularly (...)
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  10.  11
    The Evolving Dimensions of International Law: Hard Choices for the World Community.John F. Murphy - 2010 - Cambridge University Press.
    This book examines recent developments in sources of public international law, such as treaties and custom operating among nations in their mutual relations, as well as developments in some of the primary rules of law international institutions created by these processes. It finds that public international law has become increasingly dysfunctional in dealing with some of the primary problems facing the world community, such as the maintenance of international peace and security, violations of (...) human rights and the law of armed conflict, arms control, disarmament and non-proliferation, and international environmental issues, and that international law and international institutions face a problematic future. It concludes, however, that all is not lost. There are possible alternative futures for international law and legal process, but choosing among them will require the world community making hard choices. (shrink)
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  11.  6
    Utility, publicity, and law: essays on Bentham's moral and legal philosophy.Gerald J. Postema - 2019 - Oxford, United Kingdom: Oxford University Press.
    The essays in this volume offer a reassessment of Jeremy Bentham's strikingly original legal philosophy. Early on, Bentham discovered his 'genius for legislation' - 'legislation' included not only lawmaking and code writing, but also political and social institution building and engineering of public spaces for effective control of the exercise of political power. In his general philosophical work, Bentham sought to articulate a public philosophy to guide and direct all of his 'legislative' efforts. 0Part I explores the philosophical (...)
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  12.  9
    Commentaries on Law: Embracing Chapters on the Nature, the Source, and the History of Law, on International Law, Public and Private, and on Constitutional and Statutory Law.Francis Wharton - 1884 - Gaunt.
    Wharton's Treatise on the Conflict of Laws (1872) established his reputation in the field of international law. In 1884 he produced his Commentaries on Law, a work encompassing both international and constitutional law. His purpose in publishing this was, as he states simply in the Preface, "to give an exposition of what may be called public law. In the first three chapter are considered successively the nature, the source, and the history of law; and it is maintained (...)
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  13.  13
    Unconditional Life: The Postwar International Law Settlement.Yoriko Otomo - 2016 - Oxford University Press UK.
    Drawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments. The book examines the public discourse regarding technological risk in World War II texts of unconditional surrender, in the World Trade Organisation's EC-Biotech dispute, and in the International Court of Justices' Nuclear Weapons Advisory Opinion. The volume describes international law in terms of its management of, and relation to, the risks associated with technological innovation in (...)
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  14.  33
    Review of Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law[REVIEW]Laura Valentini - 2010 - Notre Dame Philosophical Reviews 2010 (7).
  15.  16
    (1 other version)Human Rights, the Right to Food, Legal Philosophy, and General Principles of International Law.Felix Ekardt & Anna Hyla - 2017 - Latest Issue of Archiv Fuer Rechts Und Sozialphilosphie 103 (2):221-238.
    This article examines the following questions: Is there a human right to food and water in the international sphere? Is it possible to derive such human rights as “general principles of law” within the meaning of public international law, which are independent from contractual agreement or recognition by States? What exactly would such a right to food and water comprise? Is there a constitutional rank relationship evolving between human rights and public international law which might (...)
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  16.  17
    Jus Cogens: International Law and Social Contract.Thomas Weatherall - 2015 - Cambridge University Press.
    One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally state-based form of international law, Thomas Weatherall applies the idea of a social contract to (...)
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  17.  21
    Sovereignty. A contribution to the theory of public and international law: by Hermann Heller, edited and introduced by David Dyzenhaus, translated by Belinda Cooper, Oxford, Oxford University Press, 2019, xvi + 189 pp., £70 (hardcover), ISBN 978-0-19-881054-4.Lars Vinx - 2020 - Jurisprudence 11 (1):131-139.
    Volume 11, Issue 1, March 2020, Page 131-139.
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  18.  12
    Human dignity and the foundations of international law.Patrick Capps - 2009 - Portland, Or.: Hart.
    International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law (...)
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  19.  19
    Globalization, Public Health, and International Law.Myongsei Sohn, Jason Sapsin, Elaine Gibson & Gene Matthews - 2004 - Journal of Law, Medicine and Ethics 32 (S4):87-89.
  20.  16
    11 Democracy and International Law A Peril from the “Public”?Gopal Sreenivasan - 2022 - In Melissa S. Williams (ed.), Moral Universalism and Pluralism: Nomos Xlix. New York University Press. pp. 240-250.
  21.  15
    (1 other version)Yearbook of Private International Law: Volume X (2008).Paul Volken & Andrea Bonomi - 2009 - Sellier de Gruyter.
    This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the tenth anniversary of its first publication. It continues to provide interesting information on the future evolution in private international law. Contents includes: The New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007. Commercial Agents under European Jurisdiction Rules. Grunkin-Paul and Beyond - A Seminal Case in the Field of International Family (...)
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  22.  18
    Ec private international law and the public policy exception: Modern features of a traditional concept.Andrea Bonomi, Paul Volken & Petar Sarcevic - 2005 - In Andrea Bonomi, Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Vi. Sellier de Gruyter.
  23. Home page / publications.Israel Law - unknown
    The Article explores relationships between contemporary international human rights and democracy. In what respects are they two sides of the same coin, in what respects are they different coins? Do they depend on and complete each other? Can the two be in contradiction? The Article looks at these questions from several perspectives, including their historical connections, the changing definitions and understandings of each, their functional links, their determinacy, and their character as universal phenomena. It also indicates ways in which (...)
     
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  24.  19
    Consent and the Ethics of International Law Revisiting Grotius’s System of States in a Secular Setting.Christoph Stumpf - 2020 - Grotiana 41 (1):163-176.
    In this article Grotius’s perception of the legal relevance of consent is analysed with respect to its ongoing importance for an ethical fundament of public international law. It is argued that Grotius views the function of consent as an aspect of human law, which is limited, but also supported by what he views as the overarching framework of divine law. This can be particularly illustrated by Grotius’s idea of a duty of granting consent: such duty reflects the ethical (...)
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  25.  20
    Corruption in International Law: Illusions of a Grotian Moment.Simona Ross & Mark Somos - 2022 - Grotiana 43 (1):55-86.
    Has there already been a Grotian Moment for corruption? If not, what would it take for new legal rules and doctrines on corruption to crystallise? This article seeks to answer these two questions by reviewing the relevant history of international legal scholarship, the current public international law framework for anticorruption, and recent developments in international legal practice. We conclude that a Grotian Moment may have been reached for a narrow concept of corruption, focused on petty corruption (...)
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  26.  15
    International law and global Justice.Peter Koller - 2009 - In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press. pp. 186.
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  27.  9
    Nuclearism & International Law.James A. Stegenga - 1990 - Public Affairs Quarterly 4 (1):69-80.
  28. International Law and its Others.Anne Orford (ed.) - 2006 - Cambridge University Press.
    Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international (...)
     
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  29.  20
    Yearbook of Private International Law: Volume Vi.Andrea Bonomi, Paul Volken & Petar Sarcevic (eds.) - 2005 - Sellier de Gruyter.
    The Yearbook of Private International Law series, an annual publication now published by Sellier. European Law Publishers in cooperation with the Swiss Institute of Comparative Law, provides analysis and information on private international law developments world-wide. This sixth volume looks rather "Euro-centric", due to the impressive and continuous rhythm at which the creation of a European system of PIL is progressing at the European Community level. Contributions include discussion of the proposal for a Rome II regulation on conflict (...)
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  30.  17
    A Globalized Theory of Public Health Law.David P. Fidler - 2002 - Journal of Law, Medicine and Ethics 30 (2):150-161.
    This symposium issue of the Journal of Law, Medicine & Ethics indicates that interest in public health law in the United States is enjoying a renaissance. The focus of the articles reflects this renaissance, as they explore the state of public health law in various contexts within the United States. Additionally, all but one of the symposium authors plies his or her trade at a university, institution, or government agency in the United States. My task here is different: (...)
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  31. Review of Cassese, Five Masters of International Law. [REVIEW]H. G. Callaway - 2012 - Law and Politics Book Review 22 (1):154-161.
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, (...)
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  32.  37
    Assessing National Public Health Law to Prevent Infectious Disease Outbreaks: Immunization Law as a Basis for Global Health Security.Tsion Berhane Ghedamu & Benjamin Mason Meier - 2019 - Journal of Law, Medicine and Ethics 47 (3):412-426.
    Immunization plays a crucial role in global health security, preventing public health emergencies of international concern and protecting individuals from infectious disease outbreaks, yet these critical public health benefits are dependent on immunization law. Where public health law has become central to preventing, detecting, and responding to infectious disease, public health law reform is seen as necessary to implement the Global Health Security Agenda. This article examines national immunization laws as a basis to implement the (...)
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  33.  27
    Public Participation in International Climate Change Law: Analysis of the Impacts of Uncertainty Related to Climate Response Measures on the Public.Dieudonné Mevono Mvogo - 2024 - Jus Cogens 6 (2):161-177.
    Climate change harmfully affects social and natural systems. These outcomes adversely affect the human and natural systems, resulting in adopting related-response measures whose implementation yields similar outcomes, especially when poorly designed. Climate-related projects, actions, and policies cause harmful environmental impacts, even though the United Nations Convention on Climate Change and its subsequent instruments urge parties, when dealing with climate change, to employ methods that preserve the quality of the environment. Few studies have established the effects of these environmentally, economically, culturally, (...)
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  34.  28
    (1 other version)The Rhetoric of Maps: International Law as a Discursive Tool in Visual Arguments.Christine Leuenberger - 2013 - Law and Ethics of Human Rights 7 (1):73-107.
    Notions of human rights as enshrined in international law have become the “idea of our time”; a “dominant moral narrative by which world politics” is organized; and a powerful “discourse of public persuasion.”1 With the rise of human rights discourse, we need to ask, how do protagonists make human rights claims? What sort of resources, techniques, and strategies do they use in order to publicize information about human rights abuses and stipulations set out in international law? With (...)
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  35.  18
    The Unseen History of International Law: A Census Bibliography of Hugo Grotius’s De iure belli ac pacis.Mark Somos - 2019 - Grotiana 40 (1):173-179.
    This research note announces and briefly describes a new five-year project to prepare a census bibliography of the first ten editions of Grotus’s De iure belli ac pacis. The resulting book will be published in 2025, the 400th anniversary of ibp’s first appearance. The project is sponsored by the Deutsche Forschungsgemeinschaft and hosted by the Max Planck Institute for Comparative Public Law and International Law in Heidelberg.
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  36.  18
    Realism and international law: the challenge of John H. Herz.Casper Sylvest - 2010 - International Theory 2 (3):410--445.
    The proliferation, globalization, and fragmentation of law in world politics have fostered an attempt to re-integrate International Law and International Relations scholarship, but so far the contribution of realist theory to this interdisciplinary perspective has been meagre. Combining intellectual history, the jurisprudence of IL and IR theory, this article provides an analysis of John H. Herz’s classical realism and its perspective on international law. In retrieving this vision, the article emphasizes the political and intellectual context from which (...)
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  37.  21
    Pluralizing Constitutional Review in International Law: A Critical Theory Approach.David Ingram - 2014 - Revista Portuguesa de Filosofia 70 (2-3):261-286.
    Resumo O autor defende uma descrição normativa fraca do constitucionalismo internacional à luz de dois factos: a contínua relevância da soberania do Estado face à hegemonia de superpotências e a necessidade imperiosa de um regime supranacional eficaz de direitos humanos. Ao defender uma institucionalização constitucional de direitos humanos, que inclui aspectos de justiça processual e material, mostra-se que, como nos casos domésticos, tal institucionalização pode e, talvez deva, incorporar um procedimento de controlo judicial que ascende ao nível de controlo constitucional. (...)
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  38.  11
    An Evolutionary Paradigm For International Law: Philosophical Method, David Hume And The Essence Of Sovereignty.John Martin Gillroy - 2013 - New York, NY, USA: Palgrave MacMillan.
    Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its (...)
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  39.  7
    Catholic and Reformed Traditions in International Law: A Comparison Between the Suarezian and the Grotian Concept of Ius Gentium.Vauthier Borges de Macedo & Paulo Emílio - 2017 - Cham: Imprint: Springer.
    This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken (...)
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  40.  8
    The Language of Dignity in International Law.Eric Scarffe - forthcoming - Res Publica:1-21.
    Since the publication of the Universal Declaration of Human Rights in 1948, the language of dignity has become synonymous with discussions of rights at both the domestic and international levels. For some, this has been a welcome development. For others, however, this language of dignity is seen as unnecessarily obscure: serving only to obfuscate these discussions and hindering future progress. This paper lays the groundwork for an understanding of ‘dignity’ in international law. This includes appeals to, and uses (...)
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  41.  6
    The Unity of Public Law.David Dyzenhaus - 2004 - Hart Publishing.
    This book tackles the relationship between the common law of judicial review, the written constitution and public international law.
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  42.  35
    “Fantasy Upon Fantasy”: Some Reflections on Dworkin’s Philosophy of International Law.John Tasioulas - 2021 - Jus Cogens 3 (1):33-50.
    This article offers a critique of Ronald Dworkin’s article “A New Philosophy for International Law”, (Philos Public Aff 41: 1–30, 2013). It begins by showing that Dworkin’s moralised theory of law is built on two highly questionable background assumptions. On the one hand, a descriptively implausible characterisation of a positivist-voluntarist view of international law as the reigning “orthodoxy”. On the other hand, the methodologically questionable assumption that a theory of international law must discharge the dual function (...)
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  43. The Relative Authority of International Law and Courts in the Human Rights and Trade Regimes: A Survey Experiment.Oisin Suttle - manuscript
    This paper presents preliminary results of a survey experiment examining the effects of international illegality on public support for proposed public policies. It adds three specific dimensions to the existing literature. First, it tests whether the effects of international illegality differ depending on the international regime whose rules are violated, testing the effects of violations of both human rights and trade regimes. Second, it tests how far the involvement of international courts vary these effects. (...)
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  44. A New Philosophy for International Law.Ronald Dworkin - 2013 - Philosophy and Public Affairs 41 (1):2-30.
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  45.  21
    The Institutionalisation of International Law: On Habermas' Reformulation of the Kantian Project.Øystein Lundestad & Kjartan Koch Mikalsen - 2011 - Journal of International Political Theory 7 (1):40-62.
    The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of law. (...)
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  46.  24
    International Trade, Law, and Public Health Advocacy.Jason W. Sapsin, Theresa M. Thompson, Lesley Stone & Katherine E. DeLand - 2003 - Journal of Law, Medicine and Ethics 31 (4):546-556.
    Public Health Science and practice expanded during the course of the 20th century. Initially focused on controlling infectious disease through basic public health programs regulating water, sanitation and food, by 1988 the Institute of Medicine broadly declared that “public health is what we, as a society, do collectively to. assure the conditions for people to be healthy.” Commensurate with this definition, public health practitioners and policymakers today work on ;in enormous range of issues. The 2002 policy (...)
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  47.  71
    Amnesty on trial: impunity, accountability, and the norms of international law.Max Pensky - 2008 - Ethics and Global Politics 1 (1-2).
    An emerging consensus regards domestic amnesties for international crimes as generally inconsistent with international law. This legal consensus rests on a norm against impunity: the chief role of international criminal law, and of the fledgling International Criminal Court , is to end impunity for violators of the worst of criminal acts. But the anti-impunity norm, and the anti-amnesty consensus that has arisen from it, now face serious difficulties. The ICC's role in the ongoing conflict in Northern (...)
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  48.  30
    Hilary Charlesworth and Christine Chinkin, The Boundaries of International Law: a Feminist Analysis. [REVIEW]Catherine Phuong - 2002 - Feminist Legal Studies 10 (2):203-205.
  49.  20
    Climate Change Mitigation Techniques and International Law: Assessing the Externalities of Reforestation and Geoengineering.Cedric Ryngaert - 2016 - Ratio Juris:273-289.
    As a subspecies of the climate justice debate, a compelling moral case can be made that actors should receive their fair share of benefits and burdens, and more specifically, that those who benefit from the provision of public goods ought, under some circumstances, to share in the costs of their provision. The climate justice debate has paid relatively scant attention, however, to the possible adverse side-effects of climate mitigation mechanisms. The article reviews such global public goods-protecting techniques as (...)
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  50.  18
    Correction to: Dianne Otto : Queering International Law: Possibilities, Alliances, Complicities, Risks: Routledge, 2017, ISBN: 978-1-138-28991-8.Emily Jones - 2019 - Feminist Legal Studies 27 (1):121-121.
    In the original publication of the article, the name “Tamsin Phillipa Paige” has been incorrectly cited throughout the article as “Tasmin Phillipa Page”. The correct name should read as Tamsin Phillipa Paige.
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