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"The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions"--

"There is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order. In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, Kolb aims to map the true points of gravity of the principle of good faith in the international legal order. In so doing, he illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold."--Bloomsbury Publishing

One of the most representative authors of modern analytical philosophy, T. D. Weldon, has pointed out recently how he and his English and American colleagues have come to realize that many of the problems which their predecessors found insuperable arise not from something mysterious or inexplicable in the world around them, but from the peculiarities of the language with which we try to describe the world itself. This Oxford philosopher remarks that many errors in political doctrine and in various branches of philosophy are caused by "carelessness over the implications of language." This carelessness, he goes on to say, is often due to the mistaken idea that words, and especially the words that normally recur in discussions on matters of political doctrine, have an intrinsic and essential meaning of their own, more or less in the same way as children have parents.

AbstractThis article considers the positive evolution of international law in the past century, and the emergence of a rules-based multilateral system under the UN Charter, which has, inter alia, enabled formerly colonised peoples to exercise their right to self-determination and prohibited the use of force in international relations. The author reaffirms his faith in the ability of international law to provide a common language for the international community to face successfully common challenges, such as poverty, global warming, and the protection of privacy rights in the era of social media and artificial intelligence. Looking beyond traditional beneficiaries and duty-bearers of international obligations, the author makes a case for all actors to engage in respecting, upholding and promoting international law.

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This article argues that the International Law Commission (ILC) interprets international law. In recent years, in documents intended to remain non-binding, the Commission has made interpretative pronouncements about a treaty in force, the Vienna Convention on the Law of Treaties, and customary international law reflected therein. This development is called the 'codification by interpretation' paradigm in this article. This article argues that interpretation falls within the ILC's function, and it analyses the effects of the Commission's interpretative pronouncements. It explains that the ILC's interpretative pronouncements are not per se binding or authentic. However, they may trigger an interpretative dialogue with states. The ILC's interpretative pronouncements may constitute a focal point for coordination among states, a subsidiary means for determining rules of law and a supplementary means of (treaty) interpretation. The aim of the ILC's 'codification-by-interpretation' paradigm in the four topics considered in this article is to introduce clarity and predictability into secondary rules on the law of treaties, thus ensuring the clarity and predictability of primary treaty rules across all fields of international law. The ILC endeavours to convince states to use international law as a medium by which they regulate their affairs.

The purpose of this note is to provide some guidance in advising prelaw students who wish to specialize in international law. Two broad difficulties occur for most of us who are advising students. The first is a lack of awareness of the programs available in schools other than the most prestigious ones. The second difficulty ties into the first one since many of our advisees have little chance of getting into the nationally well-known schools. There is little problem when one is advising a'student who has a L.S.A.T. of 700+ and G.P.A. of 3.5 or better. The task is harder when the advisee has a cornbination of around 600/3.0, even though this is a good student who can get into most law schools in the country.

Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administration's approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society

The international legal community seems to be in a state of transition. Contemporary perspectives of international law are still generally dominated by traditional concepts of international community as a grouping of sovereign nation States the rules of which are in in principle based on consent. But at the same time there exists a prevailing impression that traditional international law is too cumbersome and archaic in order to cope with the pressing needs of mankind. A 'World Public Order' is demanded by not small an amount of political and legal writers.

Aus US-amerikanischer Sicht

Introduction -- The core of european private international law : jurisdiction -- The core of european private international law : applicable law--contracts -- The core of european private international law : applicable law--Tort -- The insolvency regulation -- The european succession regulation -- Free movement of establishment, lex societatis and private -- Private international law, corporate social responsibility and extraterritoriality

This research presents the effect of innovation in the educational methodology applied to the teaching of topics in different areas, especially in public international law, trying to demonstrate how learning can be stimulated through artistic awareness. When comparing the different generations of students, we wonder if it is possible for teachers to follow the step of digital natives. In order to fill this generation gap, Tecnológico de Monterrey proposed to support projects of experimentation in educational innovation in various topics related to improving the teaching-learning process. Based on this premise, a group of teachers generate a model of educational innovation training, to facilitate learning for students through the development of creativity in how, when and where to generate learning, integrating challenging and interactive experiences through activities within the teaching practice. The use of traditional methods has led to the overwhelm of teachers, fatigue and pressure, therefore, the contribution of this project is aimed at the teacher to internalize his innovative and creative work, and see himself as a leader transformative in its teaching practice, establishing new teaching-learning spaces. Implementing learning activities through the imagination and measuring the impact on the student of the use of creative activities allows us to improve what we currently do. For this, an interdisciplinary workshop was created (thought and word, mind and body, music, visual arts) where the teacher, through practical and experiential activities, stimulates his imagination, recognizes his talents in creative and innovative thinking and develops resources which then leads to their teaching practice, by designing challenging learning experiences that inspire the student to creatively solve tasks and projects. In order to carry out the objective, we gathered eight professors from different areas (law, international relations, political science, languages, architecture, art, cultural diffusion) convinced that creativity improves the teacher's performance who rethinks its activities to allow learn more dynamically. It was sought to improve the performance of students who appreciated the approach to the subjects through didactic methods that the teacher had modified according to the passions observed outside the classroom.