International Legal Positivism In A Post Modern World
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International Legal Positivism In A Post Modern World
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Author : Jörg Kammerhofer
language : en
Publisher: Cambridge University Press
Release Date : 2014-10-06
International Legal Positivism In A Post Modern World written by Jörg Kammerhofer 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 2014-10-06 with Law categories.
The first comprehensive study of international legal positivism and how this theory operates in twenty-first-century international legal scholarship.
International Investment Law And Legal Theory
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Author : Jörg Kammerhofer
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-06
International Investment Law And Legal Theory written by Jörg Kammerhofer 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 2021-05-06 with Law categories.
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
Philosophy Of International Law
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Author : Anthony Carty
language : en
Publisher: Edinburgh University Press
Release Date : 2017-02-03
Philosophy Of International Law written by Anthony Carty and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-03 with Law categories.
Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society
Legal Positivism In A Global And Transnational Age
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Author : Luca Siliquini-Cinelli
language : en
Publisher: Springer Nature
Release Date : 2019-08-30
Legal Positivism In A Global And Transnational Age written by Luca Siliquini-Cinelli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-30 with Law categories.
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
The Project Of Positivism In International Law
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Author : Mónica García-Salmones Rovira
language : en
Publisher: OUP Oxford
Release Date : 2013-11-28
The Project Of Positivism In International Law written by Mónica García-Salmones Rovira and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-28 with Law categories.
International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities. The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.
Globalisation And Legal Theory
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Author : William Twining
language : en
Publisher: Cambridge University Press
Release Date : 2000-03
Globalisation And Legal Theory written by William Twining 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 2000-03 with Law categories.
The text makes the case for a revival of general jurisprudence in response to globalisation.
The Nature Of International Law
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Author : Miodrag A. Jovanović
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-25
The Nature Of International Law written by Miodrag A. Jovanović 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 2019-04-25 with Law categories.
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
International Investment Law And Legal Theory
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Author : Jörg Kammerhofer
language : en
Publisher:
Release Date : 2021
International Investment Law And Legal Theory 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 2021 with Investments, Foreign categories.
"If there is still doubt that the fragmentation of international law is very real, one need only take a look at the International Court of Justice's (ICJ) 2007 and 2010 judgments in Ahmadou Sallo Diallo.1 In that case, the Court pointedly ignored the very closely interwoven customary international law on the protection of foreigners and their property abroad and the treaty-based investment law and arbitral case-law. In its 2007 judgment on preliminary objections, it 'note[d] that, in contemporary international law, the protection of the rights of companies . . . [is] essentially governed by bilateral or multilateral agreements for the protection of foreign investments'"--
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.
The Persistent Objector Rule In International Law
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Author : James A. Green
language : en
Publisher: Oxford University Press
Release Date : 2016
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 with Law categories.
Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.