The International Legal System in Quest of Equity and Universality

The International Legal System in Quest of Equity and Universality
Author :
Publisher : BRILL
Total Pages : 862
Release :
ISBN-10 : 9789004479012
ISBN-13 : 9004479015
Rating : 4/5 (12 Downloads)

Book Synopsis The International Legal System in Quest of Equity and Universality by : Laurence Boisson de Chazournes

Download or read book The International Legal System in Quest of Equity and Universality written by Laurence Boisson de Chazournes and published by BRILL. This book was released on 2021-10-18 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt: Georges Abi-Saab began his writing and teaching at a time when the process of decolonization, and thereafter the quest for emancipation, began to make its far-reaching impact on the international scene, producing significant changes in the international environment, both quantitatively in increasing the number of nation-States and qualitatively in changing patterns of interests and claims. This was bound to result in new pressures on the international legal system itself and in a questioning of the traditional Eurocentric content of international law. In his work and teaching Professor Abi-Saab viewed the dynamics of international law as a function of two driving forces: the emergence of the third world and the sense of injustice. In his view, the first driving force - the emergence of the third world - raised the problem of exclusion: exclusion from participation in the elaboration of international law and the decision-making process, and exclusion as beneficiaries of the resulting rules of international law. At the same time, this new force introduced diversity into the international scene, reflecting the richness of the international community in its different facets. This process remains relevant today, reflecting the contemporary problem of exclusion of new actors as well as their quest for participation. The second driving force - the sense of injustice - posed a teleological problem for him, that of defining community values in order that they capture the different facets of justice, whether formal or distributive. So long as there is no effective organic structure, international law in his view will continue to remain effectiveness-oriented, reflecting rather than impacting on the structures of power. Nevertheless, it is undeniable that there is an on-going process of development of community values and interests; as Georges Abi-Saab wrote with reference to international crimes: `law, like all social phenomena, is a continuous unfolding, a continuous process of elaboration'. He has also considered that the dynamics of the international legal process itself can be captured from the perspective of international organizations as vehicles for change in the international system. From his early writings, Georges Abi-Saab approached the United Nations Charter as a blueprint - both normative and institutional - for a certain type of international society. International institutions with all their imperfections, continue for him to be the means of realization of the law of cooperation which lies at the heart of his concept of the international system. The themes selected for this volume in honour of Professor Georges Abi-Saab are intended to reflect his unique and pioneering contribution to the field of international law. The contributors are drawn from what he has always considered to be his large `family' of former students: in his forty years of teaching, Georges Abi-Saab has acted as mentor to generations of students from all over the world who have benefited from his vision, insights, originality and creative and stimulating use of language. The contributors also include colleagues and friends who share a similar vision of the international legal system.


The International Legal System in Quest of Equity and Universality Related Books

The International Legal System in Quest of Equity and Universality
Language: en
Pages: 862
Authors: Laurence Boisson de Chazournes
Categories: Law
Type: BOOK - Published: 2021-10-18 - Publisher: BRILL

DOWNLOAD EBOOK

Georges Abi-Saab began his writing and teaching at a time when the process of decolonization, and thereafter the quest for emancipation, began to make its far-r
International Environmental Law and the Global South
Language: en
Pages: 657
Authors: Shawkat Alam
Categories: Law
Type: BOOK - Published: 2015-09-17 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

The unprecedented degradation of the planet's vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferat
International Legal Argument in the Permanent Court of International Justice
Language: en
Pages: 539
Authors: Ole Spiermann
Categories: Law
Type: BOOK - Published: 2005-01-06 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (19
International Law
Language: en
Pages: 1664
Authors: Malcolm N. Shaw
Categories: Law
Type: BOOK - Published: 2008-11-13 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular
Remedies against Immunity?
Language: en
Pages: 427
Authors: Valentina Volpe
Categories: Law
Type: BOOK - Published: 2021-04-08 - Publisher: Springer Nature

DOWNLOAD EBOOK

The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civi