Conceptual Re Constructions Of International Law

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Conceptual Re Constructions Of International Law
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Author : Kostiantyn Gorobets
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-08
Conceptual Re Constructions Of International Law written by Kostiantyn Gorobets and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-08 with Law categories.
This timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed.
Queer Engagements With International Law
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Author : Claerwen O'Hara
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-21
Queer Engagements With International Law written by Claerwen O'Hara and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-21 with Law categories.
This book explores times, spaces and imaginings relating to international law through the lens of queer theory. For some time now, queer theorists and legal scholars who think with queer theory have asked, what happens when queer theory moves out of its home base of gender and sexuality? The chapters in this book begin to answer this question by applying insights from queer theory to a diverse array of international law topics, from travaux préparatoires and international judging to the environment, oceans and outer space. While some contributions maintain a focus on gender and sexual diversity, all are characterised by a shift away from questions about LGBTIQA+ people towards wider discussions about power, normality, difference and liberation in international law. Through these engagements, the book demonstrates how queer theory can provide insights into a range of international law issues by allowing us to ‘make strange’ the taken-for-granted and contributing to a broader practice of reading for difference rather than dominance. The book engages with contemporary challenges in international law, from the climate crisis to new military technologies, such as automated naval vessels. It also showcases the diversity of approaches to queering international law that are emerging, with some authors drawing attention to the violence of (neo-)colonial international law and others engaging in more utopian and reparative thinking. This collection of queer theoretical engagements with international law will be invaluable to scholars of international law and international relations with an interest in critical approaches to these areas; as well as to researchers, activists and practitioners working in cultural, gender, queer and/or postcolonial studies.
Concepts For International Law
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Author : Jean d’Aspremont
language : en
Publisher: Edward Elgar Publishing
Release Date :
Concepts For International Law written by Jean d’Aspremont and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
Identification Of Customary International Law
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Author : Michael Wood
language : en
Publisher: Oxford University Press
Release Date : 2024-11-07
Identification Of Customary International Law written by Michael Wood and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-07 with Law categories.
Customary international law remains a central source of international law and the core of the international legal system. It continues to draw the attention of lawyers, especially at a time marked by the great expansion of international law and its increasing application in domestic and international courts. Determining whether an applicable rule of customary international law exists is therefore of great practical concern - but this important legal task is not always simple or straightforward. This book serves as guidance to those seeking to determine the existence of rules of customary international law and their content. It elaborates on the methodology for the identification of rules of customary international law and examines a host of questions concerning the process and evidence at issue. It does so by complementing the authoritative work of the UN International Law Commission on this topic, and by drawing upon a wealth of additional practice and writings. Identification of Customary International Law provides an overview of the Commission's work and expands on it by addressing the nature and history of custom as a source of international law, inquiring into each of the two constituent elements of customary international law (namely, a general practice and opinio juris), explaining the value and limits of certain forms of evidence, and throwing further light on such issues as the persistent objector rule and particular customary international law. Practitioners and scholars alike will find this detailed treatment useful in seeking to determine the existence and content of any customary rule and in ensuring that arguments about customary international law are persuasive.
Law Reforms Around The World
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Author : Asif H Qureshi
language : en
Publisher: Taylor & Francis
Release Date : 2023-12-01
Law Reforms Around The World written by Asif H Qureshi and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-01 with Law categories.
Encapsulating Law Reform requires the creation of a discreet space occupied with normative self-generation, self-correction, and self-adaptation in the very anatomy of law and the architecture of legal systems. This ‘living dynamic trait’ should be a hallmark of the genetic material in the modern-day institution of law. This edited volume sheds light on Law Reform in its domestic, comparative, regional, and international settings. It examines the process of Law Reform and explains the need for a constant appraisal to keep its wheels optimally operational. The book takes a holistic approach to understanding Law Reform and calls for such an approach in the very process of Law Reform. It begins by looking at Law Reform processes from a theoretical perspective. Thereafter, it sheds light on domestic Law Reform processes in civil and common law legal systems. This is followed by a focus on Law Reform at the international level with a critical appraisal of the International Law Commission (ILC), drawing on its performance in international economic and environmental law. Included in this consideration is also the role played in Law Reform by the IMF, World Trade Organization/World Intellectual Property Organization, Multilateral Development Banks, and the African Union Commission on International Law. This volume should appeal to students, serious scholars, policy makers, judges, and the community of national and international lawyers interested in bringing effective reform in the national and international arenas.
The Law On The Use Of Force
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Author : Gina Heathcote
language : en
Publisher: Routledge
Release Date : 2013-03
The Law On The Use Of Force written by Gina Heathcote and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03 with Law categories.
This book analyses international laws on the use of force from a feminist perspective. The book highlights key conceptual barriers to the enhanced application of the law of the use of force, and demonstrates the capacity of feminist legal theories to enlarge our understanding of international legal dilemmas.
Collected Courses Of The Xiamen Academy Of International Law Volume 2 2009
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Author : The Xiamen Academy of International Law
language : en
Publisher: BRILL
Release Date : 2009-11-23
Collected Courses Of The Xiamen Academy Of International Law Volume 2 2009 written by The Xiamen Academy of International Law and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-23 with Law categories.
The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Second Volume of the Series contains the following articles: Aspects de la question des sources du droit international Yves Daudet The Paradigms of Universalism and Particularism in the Age of Globalisation: Western Perspectives on the Premises and Finality of International Law Armin von Bogdandy and Sergio Dellavalle Legal Aspects of Electronic Commerce: Rules of Evidence, Contract Formation and Online Performance Jose Angelo Estrella Faria The Elusive Pro-Arbitration Priority in Contemporary Court Scrutiny of Arbitral Awards Tibor Várady The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.
Social Construction Of Law
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Author : Michael Giudice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-10-30
Social Construction Of Law written by Michael Giudice and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.
This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law.
International Law And Universality
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-04-04
International Law And Universality written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-04 with Law categories.
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
The Oxford Handbook Of The Sources Of International Law
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Author : Jean d'Aspremont
language : en
Publisher: Oxford University Press
Release Date : 2017-10-19
The Oxford Handbook Of The Sources Of International Law written by Jean d'Aspremont and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-19 with Law categories.
The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.