The Evolving Dimensions of International Law

ISBN-13: 9780521882712 / Angielski / Twarda / 2010 / 298 str.

Jr. John F. Murphy

Opis

The 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 rule of law international institutions created by the processes of public international law. 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 international human rights and the law of armed conflict, arms control, disarmament and non-proliferation, and international environmental issues, and that it 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 making of hard choices by the world community.

Recenzje

"According to Murphy, there’s something very wrong in the world of international law, a dysfunctionality that belies the triumphalist sentiment one finds among some international law specialists, especially in the academy. For all of the many new outlets of international legal activity, basic challenges relating to peace, human rights, nonproliferation, and the environment are unresolved. The world is still a mess and international law isn't going to clean it up. Murphy calls for a return to more traditional international law approaches and the more modest goals that went with them. One doesn't have to accept Murphy's skepticism of new international legal mechanisms to take the important point. A wake-up call to those who might worship at the altar of international law." - Peter J. Spiro, Charles R. Weiner Professor of Law, Temple University Beasley School of Law

Spis treści

1. The multifaceted nature of international law; 2. International institutions; 3. Who shall enforce the peace?; 4. The law of armed conflict; 5. Arms control, disarmament, non-proliferation and safeguards; 6. Human rights; 7. International environmental issues; 8. Causes of the present malaise, concluding observations and a prognosis.