Reviews for Optimal Protection of International Law: Navigating Between European Absolutism and American Voluntarism

The average rating for Optimal Protection of International Law: Navigating Between European Absolutism and American Voluntarism based on 2 reviews is 3 stars.

Review # 1 was written on 2009-08-13 00:00:00 Vicky Schulz On p 16, the normative ground rules concerning the separation of the study, and presumably, practice of jurisprudence in general and of natural law in particular appear to require development and formal description. On p17, the arguments around the historical school may better be addressed taking account of developments in the field of CP Snow's The Two Cultures. The material considerations appear to have been neither framed nor characterised correctly, and the issues presenting in and around Prof Lessig's Code and Free Culture need to be addressed at,in an appropriate time/setting (reviews of both are available here and here respectively). Considering the issues and arguments on p151, what should citizens do to get to the end of the day, week, month, year, 2-year period etc without being trafficked, taken hostage and tortured? On p397, to what extend does a 2017 reading of "The court [found] that the jus cogens nature of the prohibition of torture, did not of itself operate to enable a third state to assert civil jurisdiction in the face of State immunity, and that there was currently no generally accepted exception to State immunity from civil jurisdiction in relation to breaches of international law." remain au courant and, if so, how satisfactory would this state of affairs be considered amongst the diverse views of the communities of solicitors, barristers and judges? To the extent that this situation may be found wanting in general terms, or in particular aspects, how might it be made good, e.g. by introductions of new, or modifications to existing, treaties and/or legislation, or by just having the legal system execute a higher volume of high quality cases? What else may be relevant in this context? The title of Chapter 15, The Nature and Forms of International Responsibility appears to beg a question or two. Three good questions are posed on p441, unfortunately, the fourth is missing, and the dangling modifier in "For instance, an individual who does not have any official status within an international organization but carries out conduct upon its instructions or under its direction and control will be regarded as its agent and the conduct will be attributable to the organization on that basis." on p443 appears to give rise to the aphids presenting on pp444-6 which may not address question 3 (explicitly, and the decent version of the non-verbalised question 4) on p441 satisfactorily. What else may be relevant in this context? #aphids - p448, p449, p450 The difficulties presenting in footnote 31 on p450 need to be addressed at,in an appropriate time,setting. On p457, what does "When scholarly debate bogs down around some dichotomy such as 'responsibility for fault'/'objective responsibility', something has almost always gone wrong." assume, and how might the legal system best handle, address and resolve instances that may be described as general breaches of trust coupled to particular failures of duty? What else may be relevant in this context? On p784, I'm struggling with "The very notion of protection must be reconsidered in the context of human rights, so that it reaches beyond conventional understandings of judicial or other enforcement of the law and the related provision of civil remedies." To what extent is it clear what the source(s) of international law is(/are)? What else appears to be generally relevant with respect to the arguments presented on p815? (inc the issues and arguments in Chapter 4 in general; the material difficulties on pp96-7 in particular should be addressed at,in an appropriate time,setting). The book is an intensely ripening survey of the subject, recommended for students and supervisors.

Review # 2 was written on 2017-08-04 00:00:00 Timothy Murray Splendid collection of thouhgt provoking character discussing main issues of contemporary public international law. Collection of ideas and perspectives of utmost authority and high academic standards.