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Theory of Obligations in International Law

Theory of Obligations in International Law

Author: Cezary Mik
Publisher: Routledge
ISBN: 9781032287423
Published In: May 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other.

In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects, to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organizations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies.

The volume will be of interest to scholars, students and practitioners concerned with international law - its creation, performance, application, compliance and enforcement.

Preface

List of Abbreviations

1. The Theory of International Obligations: Methodological Issues

2. Sources of International Obligations

3. The Concept and Structure of the Obligation in International Law

4. Types of International Obligations

5. Freedom to incur Obligations in International Law

6. The Fulfilment of Obligations under International Law: Notion, Principles and Standards

7. Feasibility and Conditions of Fulfilling International Obligations: Compliance, Management and Enforcement of International Obligations

8. Stability and Continuity of Fulfilment of International Obligations

Conclusions

Index