Formation Of Concepts In International Law
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Formation Of Concepts In International Law
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Author : Paula Escarameia
language : en
Publisher:
Release Date : 1993
Formation Of Concepts In International Law written by Paula Escarameia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Annexation (International law) categories.
At The Origins Of Modernity
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Author : José María Beneyto
language : en
Publisher: Springer
Release Date : 2017-08-30
At The Origins Of Modernity written by José María Beneyto and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-30 with Law categories.
This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as “modern” or even post-modern. There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the “Other” and the legitimation of military interventions. All these subjects include Vitoria’s contributions to the formation of the idea of modernity and modern international law. The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria’s texts, in the context of “modern” problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria’s reflections for contemporary issues of international law.
Human Dignity And The Foundations Of International Law
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Author : Patrick Capps
language : en
Publisher: Hart Publishing
Release Date : 2009-06-12
Human Dignity And The Foundations Of International Law written by Patrick Capps and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-12 with Law categories.
This book considers the link between the discipline of international lawyers and the foundations issues of jurisprudential method.
System Order And International Law
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Author : Stefan Kadelbach
language : en
Publisher: Oxford University Press
Release Date : 2017
System Order And International Law written by Stefan Kadelbach 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 volume maps models of early international legal thought from Machiavelli to Hegel
Imperialism Sovereignty And The Making Of International Law
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Author : Antony Anghie
language : en
Publisher: Cambridge University Press
Release Date : 2005-02-03
Imperialism Sovereignty And The Making Of International Law written by Antony Anghie 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 2005-02-03 with Law categories.
This book argues that the colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the 'civilizing mission' - the project of governing non-European peoples, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period and the current 'war on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.
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.
State Interest And The Sources Of International Law
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Author : Markus P. Beham
language : en
Publisher: Routledge
Release Date : 2018-05-11
State Interest And The Sources Of International Law written by Markus P. Beham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-11 with Law categories.
This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.
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.
The Boundaries Of Meaning And The Formation Of Law
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Author : Sharron Gu
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2006-04-18
The Boundaries Of Meaning And The Formation Of Law written by Sharron Gu and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-18 with Law categories.
Gu's original perspective on legal history challenges established theories of law based on political science, sociology, and philosophy. She argues that language at a specific time and place determines how the law works in each culture. As each language accumulates too many meanings and connotations, the law becomes inflated by rulings, interpretations, and codified cases that overlap and contradict one another.
The Persistent Objector Rule In International Law
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Author : James A. Green
language : en
Publisher: Oxford University Press
Release Date : 2016-03-03
The Persistent Objector Rule In International Law written by James A. Green 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 2016-03-03 with Law categories.
The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.