Juricultural Pluralism Vis-à-vis Treaty Law: State Practice and AttitudesMartinus Nijhoff Publishers, 2002. gada 11. marts - 342 lappuses The way in which 'legal' culture has been defined in the past has limited comparative processes to law itself. The author proposes a new term, 'juriculture', defined as 'the axiological and behavioural formula which pertains to the law.' This new definition provides a comparative tool which focuses on ontological and epistemological bases of law and concomitant legal theories which are distilled from these philosophical bases, in addition to primary and secondary rules, and written laws. This book tackles the crucial issue of how divergent individual, State, and Regional cultures impact the international legal system in the law and State practice vis-a-vis treaty interpretation and reservations. An empirical analysis of cases in the Iran-U.S. Claims Tribunal and six human rights' treaties demonstrate that beyond weak juricultural pluralism, which the international legal system provides for, there is also strong juricultural pluralism, which is not envisaged by the system. This highlights the tension between universality and diversity in both primary and secondary rules, and international law itself. This book is a must for those interested in human rights, treaty law, culture, and legal theory. 'It is very much to Dr. Bunn-Livingstone's credit that she has both seen this crucial problem of modern international treaty law and has set about studying it and dissecting its implications for practice, and the ways in which a degree of legal pluralism in both its weak and strong forms are present in the current international legal system. It is not a task which many international lawyers have shown much appetite to tackle. But that renders this contribution to our knowledge the moreimportant.' From the Foreword by Sir Robert Y. Jennings, QC |
Saturs
A System of Universality and Representation? | 7 |
Legal Pluralism and Juriculture in International | 29 |
Juricultural Pluralism Juricultural Stoichiometry and International | 36 |
CHAPTER 2 | 46 |
CHAPTER 3 | 55 |
Conclusion | 76 |
Islamic Law The Vienna Convention and The U S Approach | 95 |
82 | 97 |
The Law Applicable to Treaty Reservations in Multilateral Conventions | 131 |
CHAPTER 6 | 173 |
CONCLUSION | 303 |
313 | |
BIBLIOGRAPHY | 319 |
Citi izdevumi - Skatīt visu
Juricultural Pluralism Vis-à-vis Treaty Law: State Practice and Attitudes Sandra L. Bunn Livingstone Ierobežota priekšskatīšana - 2002 |
Juricultural Pluralism vis-à-vis Treaty Law: State Practice and Attitudes Sandra L. Bunn-Livingstone Ierobežota priekšskatīšana - 2002 |
Bieži izmantoti vārdi un frāzes
AJIL Algeria apply approach Arbitrators Article 9 Belgium CEDAW Chapter concerning conflict Constitution CPPCG determine discussed dispute domestic juriculture domestic law European footnote France Gambia Government grundnorm Guyana human rights human rights treaties Ibid ICCPR Iceland ICERD ICESCR ICJ Rep Int'l Law intention International Covenant international juriculture international law International Law Commission international legal system interpretative declarations Iran IRAN-U.S. CTR Iranian Islamic law Islamic Shariah Israel juricultural pluralism jurisdiction Kuwait Law of Treaties legal culture legal pluralism legislation Liechtenstein Luxembourg Malaysia Malta meaning Monaco monitoring bodies multilateral treaties national law Netherlands number of reservations object and purpose obligations Paragraph participation parties political practice principle procedural protection provisions ratification reference Republic reservation to Article reservations based reserves the right rules Shariah specific supra textual theory Tobago treaty interpretation treaty law treaty reservations Tribunal Trinidad Trinidad and Tobago United Kingdom United Nations universal values VCLT Vienna Convention