Home >
Law >
International Law >
State Interest and the Sources of International Law: Doctrine, Morality, and Non-Treaty Law

State Interest and the Sources of International Law: Doctrine, Morality, and Non-Treaty Law

Author: Markus P. Beham
Publisher: Routledge
ISBN: 9781138298781
Published In: May 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,015.00

HKD 1,954.55 Save HKD 60.45 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations.

It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatical point of view.

The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio iuris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force.

As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations, on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.

List of Treaties

List of Cases

Permanent Court of International Justice

International Court of Justice

Arbitral Awards IX

European Court of Human Rights

International Criminal Tribunal for Yugoslavia

United States Cases

United Kingdom Cases

List of Documents

League of Nations

United Nations

International Labour Organization

European Union

United States

Miscellaneous

Foreword

Preface

Abbreviations

I Introduction

A Do you Believe in International Law?

The Quest for the Status Quo

Methodology as Added Value

Pending Added Value

Immediate Goals

The Factual

The Abstract

B What if I Told You…

External Perspectives

The International College of Legal Illusionists

The "Is" and the "Ought"

C Customary International Law and "Customary International Law"

Formation

Two "Is"

Ensuring Effectivity

The Downward Spiral

State Interest

Reciprocity

Moral Concepts

D Case Studies

Human Rights

Use of Force

E Catch, Before the Fall

Controversy and Apology

"Legality" and "Morality"

"Dogmatik", not "Pedantic'

II Non-Treaty Sources

A On the "Sources" of International Law

Article 38 of the Statute of the International Court of Justice

Acceptance and Reception in the Literature

Two or Three "Main" Sources?

B Customary International Law

Law of a Primitive Society

Theories on Custom

State Practice

Opinio Iuris

Paradoxes of the Two-Element Theory

Schrödinger's Custom

The Man on the Clapham Omnibus

Practice of the International Court of Justice

9. "Modern" Approaches to the Formation of Custom

10. Assessment

C General Principles of Law

Terminology

Identification

Excursus: "Civilized Nations"

Assessment

III Morality and State Interest

A Defining Morality and Legality

Morality

Legality

Two Planes

Moral Concepts

B State Interest

States

Interest

Interests of States

Assessment

IV Doctrine and Indeterminacy

A Human Rights as Non-Treaty Law: Doctrine

Prelude: Human Rights and the United Nations

Human Rights as Customary International Law

Human Rights as General Principles of Law

Preliminary Conclusion

B Humanitarian Use of Force: Indeterminacy

Prohibition of the Threat or Use of Force

Non-intervention

Changing the Rules of Force

Humanitarian Intervention Theory

The "Responsibility to Protect"

Preliminary Conclusion

V Conclusion

Bibliography

A Books

B Articles

C Other

Browse Books

State Interest and the Sources of International Law: Doctrine, Morality, and Non-Treaty Law

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

Browse Books

State Interest and the Sources of International Law: Doctrine, Morality, and Non-Treaty Law

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

video title