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Professor Toshiki Mogami, the featured figure of this memorial edition, has developed his academic career in international law and politics. Professor Mogami’s original normative and analytical framework is characterized by himself as Jus Contra Anarchism et Oligarchism: international law against interstate and institutionalised violence. The editors extract the very essence of his teachings from Professor Mogami’s masterpieces, specifically, International Law as Constructive Resistance towards Peace and Justice.
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. In the Thematic Section of Volume 5, entitled ‘Human Rights and Disasters’, distinguished scholars seek to understand how States can ensure that the persons affected by disasters are entitled to the respect for and protection of their human rights, in accordance with international law.
The twenty-first century is seeing a battle of ideas between different conceptions of governance: people-centred and party-centred. At the same time, scientific and technological developments are posing new challenges for human rights. This book identifies new dimensions in the international protection of human rights and makes the case for a new human rights diplomacy focusing on enlarging the area of common ground among governments and enhancing national human rights protection systems.
Geopolitical Logics of Chinese, American, and Russian Assistance
What motivates states to assist other countries in need? Focusing on Chinese, Russian, and American decisions about COVID-19 aid, this book illuminates the role of historically contingent ideas in donors’ decisions. Drawing on the theoretical insights of the critical geopolitics tradition, it advances and tests explanations for aid-related decisions on a novel global dataset of COVID-19 aid. Rigorously theorized, meticulously researched, and accessibly written, this book illuminates the ways in which China and Russia seek to reshape the humanitarian field consistent with their geopolitical visions. Their competition with the US over approaches to aid has weakened the integrity of humanitarian system.
This book is an academic continuation of the previous five volumes on judicial independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, Wayne McCormack, Hiram E. Chodosh and Eric Helland, all books were published by Brill Nijhoff:
Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021).
This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial procces in many jurisdictions and analyses of international standarts of judicial independence and judicial ethics.
From the Highlands of Papua New Guinea to the Island of Malta
How international is international humanitarian law? The Laws of Yesterday's Wars 3: From Highland New Guinea to the Island of Malta, together with its companion volumes, The Laws of Yesterday’s Wars: From Indigenous Australians to the American Civil War (Brill-Nijhoff, 2021) and The Laws of Yesterday's Wars 2: From Ancient India to East Africa (Brill-Nijhoff, 2022), attempts to answer that question. It offers a culture-by-culture account of various unique restrictions placed on warfare over time. Containing essays by a range of laws of war academics and practitioners, it approaches the laws of yesterday’s wars from a wide cross-section of history and culture, seeking to find any common ground and to demonstrate a history of international law outside the usual confines of its ‘development’ by Europeans and its later ‘contributions.’ This volume includes studies on Mongol, Iban and Ottoman rules of war.
Reflecting and Building on the Work of John Witte, Jr.
Across four decades, John Witte, Jr. has advanced the study of law and religion by retrieving religious sources of law, renewing timeless teachings of religion for today, and reengaging with the difficult issues confronting society. Interdisciplinary, international, and interfaith in scope, Witte’s work has generated an enormous body of scholarship. This collection of essays by leading scholars examines his impact and maps new directions for future exploration.
Natural Rights, Legal Methods and System Principles
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The book comprises contemporary legal theory pertaining to Democratic States based on the Rule of Law from the perspective of general principles of law. It explains in detail, theoretically and based on the specific case law, the phenomenon of general principles of law – as a source of law and directly applicable legal norms. It is a work of legal theory, legal philosophy, and legal method, but it will also assist scholars and practitioners in the transitional justice field as it shows how this theory of general principles of law has assisted Latvia to move away from the socialist legal tradition.