Formalism And The Sources Of International Law
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Formalism And The Sources Of International Law
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Author : Jean d'Aspremont
language : en
Publisher: Oxford University Press
Release Date : 2011-09-15
Formalism And 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 2011-09-15 with Law categories.
As a result of the growing prominence of international organizations and non-binding instruments there is increasing controversy as to how to delineate the boundaries of international law. This book advocates a return to a more formal way of determining what is and isn't international law, and suggests ways in which this formalism can be modernized
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 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.
The Theory Practice And Interpretation Of Customary International Law
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Author : Panos Merkouris
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
The Theory Practice And Interpretation Of Customary International Law written by Panos Merkouris 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 2022-05-26 with Law categories.
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
The Oxford Handbook On The Sources Of International Law
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Author : Samantha Besson
language : en
Publisher: Oxford University Press
Release Date : 2017
The Oxford Handbook On The Sources Of International Law written by Samantha Besson 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 with Law categories.
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
The Sources Of International Law
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Author : Hugh Thirlway
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-02
The Sources Of International Law written by Hugh Thirlway and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02 with Law categories.
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Uncertainty In International Law
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Author : Jörg Kammerhofer
language : en
Publisher:
Release Date : 2012-09-10
Uncertainty In International Law written by Jörg Kammerhofer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with International 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.
International Law Theories
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Author : Andrea Bianchi
language : en
Publisher: Oxford University Press
Release Date : 2016
International Law Theories written by Andrea Bianchi 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 2016 with Law categories.
Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water ' His friend looks at him with great scepticism: 'Water? What's that? Show me some water ' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
The Sources Of International Law
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Author : Hugh Thirlway
language : en
Publisher: OUP Oxford
Release Date : 2014-03-27
The Sources Of International Law written by Hugh Thirlway and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-27 with Law categories.
In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Courts Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Courts structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.
The Discourse On Customary International Law
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Author : Jean D'Aspremont
language : en
Publisher: Oxford University Press
Release Date : 2021
The Discourse On Customary 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 2021 with Law categories.
This book provides an accessible and highly engaging discussion of customary international law. It employs an original theoretical perspective to unpack the structures of thought that lie beneath any claims made regarding customary international law.