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Repetition and International Law

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Release : 2022-02-03
Genre : Law
Kind : eBook
Book Rating : 022/5 ( reviews)

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Book Synopsis Repetition and International Law by : Wouter Werner

Download or read book Repetition and International Law written by Wouter Werner. This book was released on 2022-02-03. Available in PDF, EPUB and Kindle. Book excerpt: Acts of repetition abound in international law. Security Council Resolutions typically start by recalling, recollecting, recognising or reaffirming previous resolutions. Expert committees present restatements of international law. Students and staff extensively rehearse fictitious cases in presentations for moot court competitions. Customary law exists by virtue of repeated behaviour and restatements about the existence of rules. When sources of international law are deployed, historically contingent events are turned into manifestations of pre-given and repeatable categories. This book studies the workings of repetition across six discourses and practices in international law. It links acts of repetition to similar practices in religion, theatre, film and commerce. Building on the dialectics of repetition as set out by Søren Kierkegaard, it examines how repetition in international law is used to connect concrete practices to something that is bound to remain absent, unspeakable or unimaginable.

Repetition and International Law

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Author :
Release : 2021
Genre : International law
Kind : eBook
Book Rating : 333/5 ( reviews)

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Book Synopsis Repetition and International Law by : Wouter G. Werner

Download or read book Repetition and International Law written by Wouter G. Werner. This book was released on 2021. Available in PDF, EPUB and Kindle. Book excerpt: "Chapter one starts from my embarrassment when teaching sources of international law. Following conventional wisdom, I inform students that international law is grounded on a limited set of sources. However, at some point, I also have to explain that it is possible for new sources of international law to emerge. How is this possible, given that international law is grounded on a limited set of sources? I try to deal with this uneasiness by comparing discourses on sources to rituals that prevail in what I call "cyclical societies," organized around the belief in the eternal return of transcendental ideas, acts or events. To apply sources, I argue, is to perform a double act of repetition. First, historically contingent events are turned into manifestations of pregiven and repeatable categories. Second, sources are used as placeholders for something that will always escape positive international law: the foundational categories that underlie the sources of law. These foundational categories, I argue, work somewhat like celestial Gods in cyclical societies: Most of the time they stay dormant and aloof, but they can always be called upon in exceptional times"--

Repetition and International Law

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Author :
Release : 2022-02-03
Genre : Law
Kind : eBook
Book Rating : 786/5 ( reviews)

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Book Synopsis Repetition and International Law by : Wouter Werner

Download or read book Repetition and International Law written by Wouter Werner. This book was released on 2022-02-03. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the dialectical role of repetition in international law, building on insights from philosophy, sociology, theatre and film.

Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice

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Release : 2024-06-07
Genre : Law
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Book Rating : 05X/5 ( reviews)

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Book Synopsis Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice by : Nita Shala

Download or read book Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice written by Nita Shala. This book was released on 2024-06-07. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the understudied, yet increasingly applied, concept of Guarantees of Non-Repetition under international human rights law and transitional justice. Guarantees of Non-Repetition (GNRs) are measures taken to ensure that human rights abuses do not recur. They are especially crucial in post-war contexts marked by severe and systematic violations. However, although they are increasingly invoked, GNRs are not well understood, and they have so far received only limited theoretical and practical analysis. Tracing their development to the influence of international human rights law, this book considers what GNRs are, how and why they have come about, and how GNRs are implemented. Through an explication of the history, law and jurisprudence of GNR’s – in regional mechanisms in Latin America, Europe, and Asia, as well as in international bodies – the book maintains the increasing importance, and as yet unfulfilled potential, of this legal obligation in transitional justice settings. This first book to analyse the development of GNRs and their application will appeal to scholars in the areas of law and transitional justice, public policy, and socio-legal studies, as well as lawyers and policy-makers working in post-conflict situations.

Principles of Shared Responsibility in International Law

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Release : 2014-12-04
Genre : Law
Kind : eBook
Book Rating : 384/5 ( reviews)

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Book Synopsis Principles of Shared Responsibility in International Law by : André Nollkaemper

Download or read book Principles of Shared Responsibility in International Law written by André Nollkaemper. This book was released on 2014-12-04. Available in PDF, EPUB and Kindle. Book excerpt: The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

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