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Maiko Meguro

international law (1). Section 2 discusses the limitations of the dominant understanding of opinio juris by showing the extent to which the anthropomorphic concept of opinio juris fails to perform the functions assigned to it and denies any role to non-State actors (2). In section 3 , the attention turns to practice which is the object of a much greater variety of approaches. This section particularly emphasizes the role of domestic non-State actors in the creation of international norms that shapes State practice. (3). This chapter ends with a few concluding remarks

in International organisations, non-State actors, and the formation of customary international law
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Laurence Boisson de Chazournes

The discussions we had during the Fifth Annual Conference of the African Society of International Law were rich and dense. They highlighted that the relationships between the promotion and protection of foreign investment and law in its various dimensions are multifaceted. It is through this prism that I will address the three following themes: first, investment

in African perspectives in international investment law
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Imperialism and the (de)composition of law
Peter Fitzpatrick

Americas – dominium as a combination of sovereign and proprietary title – and fathered international law – and provided a consummate legitimation for one of the more spectacularly rapacious imperial powers. Beginning with Vitoria and that ambivalence, this chapter offers a brief history of imperial law, focusing ultimately on its terminal failure in colonialism. What this

in Law, history, colonialism
Nigel D. White

While the primary rules of international law are those norms applicable to IGOs in their decisions and operations, such as those rules governing the use of force or those protecting human rights, secondary rules of responsibility are concerned with the consequences of breach of those rules by an organisation, sometimes known as liability, although liability ‘has a broader meaning; it also refers to acts that are not unlawful (but cause damage)’. 1 IGOs possessing separate international legal personality are responsible for their internationally wrongful acts

in The law of international organisations (third edition)
Leslie C. Green

Classic position Historically, international law is concerned only with the relations between states. As a result, the law of armed conflict developed in relation to inter-state conflicts and was not in any way concerned with conflicts occurring within the territory of any state or with a conflict between an imperial power and a colonial

in The contemporary law of armed conflict
Leslie C. Green

committed within a belligerent’s lines and intended to harm and aid the adverse party. However, such acts are offences only against the law of the particular belligerent, and, since they are not forbidden by international law, do not constitute war crimes in the proper sense of the term. The concept of war crimes, with trial and condemnation of those committing them, is not new. In ancient Greece ‘treacherous

in The contemporary law of armed conflict
Leslie C. Green

The traditional view One of the longest and best established principles of international law has been that which recognises that states have no right to intervene in the internal or domestic affairs of another state. This principle receives conventional recognition in Article 2 (7) of the Charter of the United Nations, which declares that

in The contemporary law of armed conflict
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Norman Geras

a guiding practical ideal, one requiring that international law, just like law tout court, so far from standing above or apart from the morality of the community it governs, should be shaped by it. It is an ideal that ought to be congenial to everyone who believes in the possibility of moral progress. For progress as a concept embodies the aim, simply put, of creating a better world than the world we have, and international humanitarian law is designed to hold the primary subjects of international law – sovereign states – to 1 2 Alain Finkielkraut, Remembering

in Crimes against humanity
Making progress?
Author: Casper Sylvest

This book explores the development, character and legacy of the ideology of liberal internationalism in late nineteenth- and early twentieth-century Britain. Liberal internationalism provided a powerful way of theorising and imagining international relations, and it dominated well-informed political discourse at a time when Britain was the most powerful country in the world. Its proponents focused on securing progress, generating order and enacting justice in international affairs, and it united a diverse group of intellectuals and public figures, leaving a lasting legacy in the twentieth century. The book elucidates the roots, trajectory and diversity of liberal internationalism, focusing in particular on three intellectual languages – international law, philosophy and history – through which it was promulgated, before tracing the impact of these ideas across the defining moment of the First World War. The liberal internationalist vision of the late nineteenth century remained popular well into the twentieth century and forms an important backdrop to the development of the academic study of International Relations in Britain.

Just war and against tyranny
Alexis Heraclides and Ada Dialla

The just war doctrine The original just war doctrine was not concerned with intervening in other states for humanitarian reasons, but with providing just reasons for resorting to an inter-state war. It was only by the sixteenth century, coinciding with the birth of international law, then known as jus gentium or law of nations, under the sway of natural law, that support for those suffering from tyranny and maltreatment was seen as one of the

in Humanitarian intervention in the long nineteenth century