Foundations Of International Law And Politics
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Foundations Of International Law And Politics
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Author : Oona Anne Hathaway
language : en
Publisher:
Release Date : 2005
Foundations Of International Law And Politics written by Oona Anne Hathaway and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This title is a compilation of materials designed to bridge the gap between the disciplines of international law and international relations. It could be used as a companion to case books for a course in international law, as a reader in an advanced seminar in international law, or in a political science class on international relations of globalization.
The Political Foundations Of International Law
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Author : Morton A. Kaplan
language : en
Publisher:
Release Date : 1961
The Political Foundations Of International Law written by Morton A. Kaplan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with International law categories.
International Law And International Politics
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Author : Alexander Orakhelashvili
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
International Law And International Politics written by Alexander Orakhelashvili 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 2020-12-25 with Law categories.
This illuminating book explores a multitude of areas in which law and politics intersect on the international plane, providing a comprehensive analysis of the foundations on which both international law and politics rest. The book examines both disciplines’ mutual interaction in more specific areas such as public authority, global space, and peace.
Human Dignity And The Foundations Of International Law
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Author : Patrick Capps
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-06-11
Human Dignity And The Foundations Of International Law written by Patrick Capps and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-11 with Law categories.
International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.
The Medieval Foundations Of International Law
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Author : Dante Fedele
language : en
Publisher: BRILL
Release Date : 2021-04-26
The Medieval Foundations Of International Law written by Dante Fedele and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-26 with History categories.
Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).
United States Hegemony And The Foundations Of International Law
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Author : Michael Byers
language : en
Publisher: Cambridge University Press
Release Date : 2003-05-29
United States Hegemony And The Foundations Of International Law written by Michael Byers 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 2003-05-29 with Law categories.
Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.
Parochialism Cosmopolitanism And The Foundations Of International Law
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Author : Mortimer N. S. Sellers
language : en
Publisher: Cambridge University Press
Release Date : 2012
Parochialism Cosmopolitanism And The Foundations Of International Law written by Mortimer N. S. Sellers 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 2012 with Law categories.
This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.
Economic Foundations Of International Law
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Author : Eric Posner
language : en
Publisher: Harvard University Press
Release Date : 2013-01-01
Economic Foundations Of International Law written by Eric Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
The ever-increasing exchange of goods and ideas among nations, as well as cross-border pollution, global warming, and international crime, pose urgent questions for international law. Here, two respected scholars provide an intellectual framework for assessing these pressing legal problems from a rational choice perspective. The approach assumes that states are rational, forward-looking agents which use international law to address the actions of other states that may have consequences for their own citizens, and to obtain the benefits of international cooperation. It further assumes that in the absence of a central enforcement agency—that is, a world government—international law must be self-enforcing. States must believe that if they violate international agreements, other states will retaliate. Consequently, Eric A. Posner and Alan O. Sykes devote considerable attention to the challenges of enforcing international law, which begin with the difficulties of determining what it is. In the absence of an international constitution, the sources for international law are vague. Lawyers must rely on statements contained in all manner of official documents and on simple observation of states’ behavior. This looseness leads international institutions such as the United Nations to deliver conflicting interpretations of the law’s most basic principles. The authors describe the conditions under which international law succeeds or fails, across a wide range of issues, including war crimes, human rights, international criminal law, principles of state responsibility, law of the sea, international trade regulation, and international investment law.
Politics International Law
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Author : Nicole Scicluna
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-02
Politics International Law written by Nicole Scicluna 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 2021-02 with categories.
The Politics of International Law offers an introduction to the role of law in contemporary international affairs. Through a case study-driven analysis of topics such as human rights, the use of force, international environmental law, international trade law, international criminal justice and the right to self-determination, the book explains the interaction between law and politics in the world today, demonstrating that one cannot be understood withoutthe other.The book is divided into two parts. Part I introduces contemporary international law with a focus on constitutive legal principles such as sovereignty, territorial integrity and the legal equality of states. Through these introductory chapters, students are encouraged to take a holistic view of the processes and actors that drive international affairs, and explore the fascinating paradox that while international law is largely created through political processes, it also constitutes theenvironment in which international politics is practiced.Part II builds on the foundations laid in Part I to analyze contemporary controversies in international law and politics. Chapters focus on a number of substantive issue areas, including international environmental law, international economic law, human rights law, self-determination and secession, the law governing the use of force, and international criminal justice.This book is written to impart on readers a deepened understanding of both the possibilities and limits of international law as a tool for structuring relations in the world.Digital Formats and ResourcesAlso available as an e-book with functionality, navigation features, and links that offer extra learning support
The Making Of International Law
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Author : Alan Boyle
language : en
Publisher: OUP Oxford
Release Date : 2007-02-22
The Making Of International Law written by Alan Boyle and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-22 with Law categories.
This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.