Countering Uncertainty And Ending Up Down Arguments
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Countering Uncertainty And Ending Up Down Arguments
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Author : n A. Beckett
language : en
Publisher:
Release Date : 2010
Countering Uncertainty And Ending Up Down Arguments written by n A. Beckett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Despites Franck`s claim that public international law (PIL) has moved into its `postontological state`, where controversy no longer surrounds its status as law, controversies over the ontology of PIL, and especially of customary international law (CIL) remain endemic. These controversies fuel the attack by Critical Legal Studies (CLS), and New Approaches to International Law (NAIL), scholars against a liberal-legal order all too easily portrayed as fundamentally indeterminate, a cover for its subjects` political interests. These critiques cannot be simply ignored, but neither can they be met easily, nor without cost. While CLS, and other critical discourses, seek to `uncover` and `explode` the ideologies and biases of law to demonstrate its inability to fulfil its promises, the present paper is intended to initiate the task of demanding that law, and especially CIL, live up to these very promises. But first, the nature of these promises, and the structure and purpose of law must be examined, analysed, and where necessary contested and decided; or rather, defined. In this regard, the hidden assumptions of legal theory must be uncovered and problematized; the debates over law must be disaggregated, before law itself can be properly determined. Only after these tasks have been completed can the nihilist challenges of NAIL be met.
International Law And Ethics After The Critical Challenge
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Author : Euan MacDonald
language : en
Publisher: BRILL
Release Date : 2011-03-05
International Law And Ethics After The Critical Challenge written by Euan MacDonald and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-05 with Law categories.
Recasting the critical challenge to international law in positive terms, this book examines what is left of international law if we accept both that apolitical rules are impossible and that the values used to justify them are irreducibly, radically subjective.
Uncertainty In International Law
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Author : Jörg Kammerhofer
language : en
Publisher: Routledge
Release Date : 2010-07-12
Uncertainty In International Law written by Jörg Kammerhofer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-12 with Law categories.
Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through the lens of Kelsen’s theory Jörg Kammerhofer demonstrates the importance of the theoretical dimension for the study of international law and offers a critique of the recent trend towards pragmatism and eclecticism in international legal scholarship. The unique aspect of the monograph is that it is the only book to apply the Pure Theory of Law as theoretical approach to international law, rather than simply being a piece of intellectual history describing it. This book will of great interest to students and scholars of public international law, legal theory and jurisprudence.
New Approaches To International Law
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Author : José María Beneyto
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-26
New Approaches To International Law written by José María Beneyto 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 2012-09-26 with Law categories.
This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.
Formalism And The Sources Of International Law
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Author : Jean d'Aspremont
language : en
Publisher: OUP Oxford
Release Date : 2013-05-23
Formalism And The Sources Of International Law written by Jean d'Aspremont and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-23 with Law categories.
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.
The Journal Jurisprudence Vol 1
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Author : Adam MacLeod
language : en
Publisher: The Elias Clark Group
Release Date : 2008
The Journal Jurisprudence Vol 1 written by Adam MacLeod and has been published by The Elias Clark Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
New Critical Legal Thinking
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Author : Matthew Stone
language : en
Publisher: Taylor & Francis
Release Date : 2012-10-12
New Critical Legal Thinking written by Matthew Stone and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-12 with Law categories.
New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.
Boundaries Of Discourse In The International Court Of Justice
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Author : Michelle L. Burgis
language : en
Publisher: BRILL
Release Date : 2009
Boundaries Of Discourse In The International Court Of Justice written by Michelle L. Burgis and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
How can Third World experiences of colonialism and statehood be expressed within the confines of the International Court of Justice? How has the discourse of international law developed to reflect postcolonial realities of universal statehood? In a close and critical reading of four territorial disputes spanning the Arab World, Burgis explores the extent to which international law can be used to speak for and speak to non-European experiences of authority over territory. The book draws on recent, critical international legal scholarship to question the ability of contemporary, international adjudication to address Third World grievances from the past. A comparative analysis of the cases suggests that international law remains a discourse only capable of capturing a limited range of non-European experiences during and after colonialism.
International Law
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Author : Malcolm N. Shaw
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-22
International Law written by Malcolm N. Shaw and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with Law categories.
An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.
International Law For International Relations
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Author : Basak Cali
language : en
Publisher: Oxford University Press
Release Date : 2010
International Law For International Relations written by Basak Cali 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 2010 with Law categories.
This text provides students with comprehensive coverage that maps out the different ways to approach the study of international law. It explains the institutions and main sources of international law-making and identifies the key topics.