Cinema has been an object of study for the social sciences for some time now. The relationship between law and cinema has been the subject of a certain number of reflections by jurists who work essentially within a national legal framework, and from the true genre that courtroom movies have become. One can point also to studies linking cinema and international relations. In short, the relationship between international law and cinema has never been the subject of a specific book. The objective of the present book is to show what image of international law and its norms is conveyed in films and series. Beyond a strictly legal analysis, the ambition is to take into account, in a broader perspective marked by interdisciplinarity, the relations between international law, cinema and ideology. The volume is aimed at a readership made of scholars, researchers as well as practitioners, in the field of international law, and related fields, all of whom will benefit from being introduced to a variety of perspectives on core international legal questions present in movies and TV series. Further, the volume can also be used with advanced undergraduate and postgraduate students studying international law, politics and international relations because it will provide the possibility of introducing students to a variety of perspectives on key issues in international law present in movies and TV series.
This collection of chapters provides the most comprehensive study of the theory and practice on the contribution of international organisations and non-State actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies which have been left unresolved and which continue to be intensively debated in both practice and scholarship. Making extensively reference to the case-law of international law courts and tribunals as well as the practice of treaty-monitoring bodies while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researchers in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making.
Representing the first book-length treatment of the application of feminist theories of international law, The boundaries of international law argues that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronted it. With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this volume is essential reading for scholars, practitioners and students alike.
"It is the contention of this book that there was a notion of international law in the medieval period, and more specifically in the period 700 to 1200. It examines and analyses the ways and the extent to which such as system of rules was known and followed in the Middle Ages by exploring treaties as the main source of international law, and by following a known framework of evidencing it: that it was practised on a daily basis; that there was a reliance upon justification of action; that the majority of international legal rules were consistently obeyed; and finally, that it had the function to resolve disputed questions of fact and law. This monograph further considers problems such as enforcement, deterrence, authority, and jurisdiction, considering carefully how they can be observed in the medieval evidence, and challenging traditional ideas over their role and function in the history of international law. This monograph then, attempts to make a leap forward in thinking about how rulers, communities, and political entities conducted diplomacy and regulated their interactions with each other in a period before fully fledged nation states.
This chapter and the next examine
various modes of internationallaw- making to investigate the interests
and perspectives they support. Here, we describe the law with respect to
customary internationallaw, general principles of law and subsidiary
sources of law. Chapter 4 looks more
specifically at the law of treaties. We deal with the traditional
This book uses feminist theories to
sustain its claim that the absence of women in internationallaw has
distorted the discipline’s boundaries. The aim of this chapter is
to introduce these theories and to consider their value in understanding
internationallaw. As a background to this task, we first discuss the
theories that underpin traditional international
ceremoniously, and says in a calm but firm voice: ‘Since you refuse to abide by the laws of the civilised world, we must consider ourselves absolved from our duty to obey you. My officers will not do manual labour.’ ‘We shall see’ replies Colonel Saito.
The renowned international humanitarian law specialist Eric David explains that this scene, which he saw when he was an adolescent, remained engraved in his memory, particularly as an expression of the Japanese official’s contempt for the law. 2 This anecdote has inspired a section dedicated to ‘InternationalLaw and
The starting point for any
discussion of the sources of internationallaw is usually Art. 38(1) of
the Statute of the International Court of Justice, which describes the
three types of material that should be considered internationallaw.
Treaties are the first listed, followed by international custom (or
legal practice) and general principles of law (e.g., canon or Roman law
Most of humanity shares two searing memories: the collapse of the World Trade Center on 11 September 2001; and a hooded man standing on a box with wires dangling from his outstretched hands. These images capture the painful truth that both sides in the so-called ‘war on terror’ have violated fundamental rules. But while non-state actors can violate internationallaw, only states are able to change the law, making their breaches of greater potential consequence. In this chapter, I consider how the recent actions of the United States
Advocates and opponents of humanitarian
From the 1860s onwards, internationallaw
became an academic discipline in its own right in Europe and the Americas, taught
separately from philosophy, natural law or civil law, and came to be written by
professional academics or theoretically inclined diplomats. 1 Until then what existed was the droit public de
l’Europe or ‘external public law’. Britain in particular