The Legal Process And International Order

Also available as an e-book Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called ? In what respects is it systematic ? Does it — can it — respect the rule of law ? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.

This title was first published in 2002: The purpose if this volume is to provide a map of some of the great theoretical debates within the discipline of international law. The essays included are structured as dialogues between international legal theorists on concrete subjects such as democracy, gender, compliance, sovereignty and justice. They represent the most interesting theoretical work undertaken in international law.

This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.

An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The purpose of these volumes is to examine, explain and appraise contributions made by the United Nations system to international law and the law-creating process. The work assesses the effect UN institutions have had on the law-making process, and the extent to which that law has been accepted by and evidenced in contemporary state practice. It is divided into three main parts. The first examines the practical as well as conceptual aspects of the UN system as a source of law. The second part deals with different fields of activity which have become the subjects of legal rules and processes. Areas covered include human rights, use of force and economic relations. In addition, topics that have not previously been examined in such a comprehensive manner, such as shipping, aviation, and private international law, are also discussed. The third part covers the internal law of the UN system - international civil services and financial contributions.