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 International 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. Bringing together contributions from expert scholars from a range of disciplines, from philosophy to international law scholars and practitioners, this book contrasts constructive, deconstructive, and reconstructive perspectives of international law. Discussions on the topics are encouraged by eliciting responses from contributors on each other's work. Throughout the book, chapters provide complementary views of key international legal concepts such as custom, legal interpretation, authority and sovereignty. Providing a framework that gives room to different disciplines, Conceptual (Re)Constructions of International Law will be a key resource for practitioners as well as scholars in the fields of legal philosophy, (international) legal theory and public international law.
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.
Concepts For International Law
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Author : Jean d’Aspremont
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
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 2018 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.
A Landscape Of Contemporary Theories Of International Law
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Author : Emmanuel Roucounas
language : en
Publisher: BRILL
Release Date : 2019-09-16
A Landscape Of Contemporary Theories Of International Law written by Emmanuel Roucounas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-16 with Law categories.
The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.
International Law Frameworks
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Author : CHIMENE. KEITNER
language : en
Publisher: Foundation Press
Release Date : 2021-10-04
International Law Frameworks written by CHIMENE. KEITNER and has been published by Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-04 with categories.
This fully updated, go-to treatise explores the historical evolution and contemporary operation of international law. Still direct and incisive, it offers an accessible and yet nuanced text for a variety of audiences, including university and law school students, practitioners, researchers, and others who want to know what international law is and what it does in the twenty-first century. The fifth edition weaves in-depth considerations of key cases, core disputes, and essential international agreements into a broad overview of all important aspects of the subject. Readers will find an authoritative discussion of traditional topics such as the sources of international law and the methods of international dispute resolution alongside consideration of pressing issues such as cross-border cyberattacks, climate change, and contemporary challenges to the international legal order. As a new feature, each chapter is followed by questions for discussion, in addition to up-to-date suggestions for further reading.
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 Function Of Public International Law
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Author : Jan Anne Vos
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-02-26
The Function Of Public International Law written by Jan Anne Vos and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-26 with Law categories.
This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.
The Rule Of Unwritten International Law
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Author : Peter G. Staubach
language : en
Publisher: Routledge
Release Date : 2018-04-17
The Rule Of Unwritten International Law written by Peter G. Staubach and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Law categories.
This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.
International Law
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Author : Joseph Weiler
language : en
Publisher:
Release Date : 2011
International Law written by Joseph Weiler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
This Critical Concepts series (a Routledge Major Work) is an anthology of influential works on international law. The collection covers the principal facets of both classical and contemporary international law. In making their selection, J.H.H. Weiler and Alan T. Nissel consulted with a wide range of experts and chose those pieces that in their view both shaped the field and have illuminated its contours. These articles have, or are expected to have, considerable "staying power." By juxtaposing classical with more contemporary articles, this anthology illustrates the motion of international law--the evolution of doctrine, practice and historiography of the field. The series begins with a consideration of the fundamental systemic (Volume I) and conceptual (Volumes II and III ) features of International Law. It then maps out substantive aspects (Volumes IV and V). The collection concludes (Volume VI) with what the authors call "multi-inter-disciplinary" approaches to the field.
Understanding Jus Cogens In International Law And International Legal Discourse
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Author : Ulf Linderfalk
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-01-31
Understanding Jus Cogens In International Law And International Legal Discourse written by Ulf Linderfalk 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 2020-01-31 with Law categories.
Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.