Law Without Nations
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Law Without Nations
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Author : Jeremy A. Rabkin
language : en
Publisher: Princeton University Press
Release Date : 2009-02-09
Law Without Nations written by Jeremy A. Rabkin and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-09 with Law categories.
What authority does international law really have for the United States? When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question. Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own. Law without Nations? traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes. A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas.
Law Without Nations
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Author : Jeremy A. Rabkin
language : en
Publisher:
Release Date : 2007
Law Without Nations written by Jeremy A. Rabkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Law Without Nations
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Author : Austin Sarat
language : en
Publisher: Stanford University Press
Release Date : 2010-12-10
Law Without Nations written by Austin Sarat and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-10 with Law categories.
The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nations offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.
The World Without Nations
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Author : Arthur Freud
language : en
Publisher:
Release Date : 1943
The World Without Nations written by Arthur Freud and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1943 with International cooperation categories.
States Without Nations
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Author : Jacqueline Stevens
language : en
Publisher: Columbia University Press
Release Date : 2009-11-17
States Without Nations written by Jacqueline Stevens and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-17 with Philosophy categories.
As citizens, we hold certain truths to be self-evident: that the rights to own land, marry, inherit property, and especially to assume birthright citizenship should be guaranteed by the state. The laws promoting these rights appear not only to preserve our liberty but to guarantee society remains just. Yet considering how much violence and inequality results from these legal mandates, Jacqueline Stevens asks whether we might be making the wrong assumptions. Would a world without such laws be more just? Arguing that the core laws of the nation-state are more about a fear of death than a desire for freedom, Jacqueline Stevens imagines a world in which birthright citizenship, family inheritance, state-sanctioned marriage, and private land ownership are eliminated. Would chaos be the result? Drawing on political theory and history and incorporating contemporary social and economic data, she brilliantly critiques our sentimental attachments to birthright citizenship, inheritance, and marriage and highlights their harmful outcomes, including war, global apartheid, destitution, family misery, and environmental damage. It might be hard to imagine countries without the rules of membership and ownership that have come to define them, but as Stevens shows, conjuring new ways of reconciling our laws with the condition of mortality reveals the flaws of our present institutions and inspires hope for moving beyond them.
The Law Of Nations
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Author : Emer De Vattel
language : en
Publisher: Forgotten Books
Release Date : 2017-09-16
The Law Of Nations written by Emer De Vattel and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-16 with Law categories.
Excerpt from The Law of Nations: Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns Many years have elapsed since the original work was pub lished, lon g before the invaluable decisions of Sir William Scott, Sir C. Robinson, and Sir J ohn N ichol, and other emi nent J udges in the Courts of Admiralty, and Prize and other Courts; and the last edition, upon which any care was be stowed, was published in A. D. 1797; since which time, and especially during the last general war, many most important rules respecting the Law of Nations were established. The object of the present Editor has, therefore, been to collect and condense, in numerous notes, the modem rules and decisions, and to fortify the positions in the text by references to other au thors of eminence, and by which he hopes that this edition will be found of more practical utility, without interfering with the text, or materially increasing its size. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
The Law Of Nations
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Author : Emer de Vattel
language : en
Publisher:
Release Date : 1856
The Law Of Nations written by Emer de Vattel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1856 with International law categories.
The Law Of Nations
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Author : Emer de Vattel
language : en
Publisher:
Release Date : 1797
The Law Of Nations written by Emer de Vattel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1797 with International law categories.
Law Without Force
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Author : Gerhart Niemeyer
language : en
Publisher: Transaction Publishers
Release Date :
Law Without Force written by Gerhart Niemeyer and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on with Political Science categories.
This study proposes a new basis for international law. The author rejects a moral basis for international law, advocating instead the substitution of a functional one. Philosophy, sociology and legal theory are all brought to bear on the question, what law best suits the modern world.
Self Determination Of Peoples And Plural Ethnic States In Contemporary International Law
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Author : Edward McWhinney
language : en
Publisher: BRILL
Release Date : 2007-09-30
Self Determination Of Peoples And Plural Ethnic States In Contemporary International Law written by Edward McWhinney and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-30 with Law categories.
In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis today of multinational states put together, usually hurriedly and without proper regard for foreseeable later problems in establishing a plural-constitutional order system, by the military victors in World War I in the imposed Peace treaties of 1919. The key to successful exercise of a claimed right to self-determination is Recognition by other, existing states in the World Community and today also admission to the United Nations. In examining the classical rules on Recognition of States and the recent developed practice as to U.N. Membership, the author signals the continuing antinomy of Law and Power and how high political concerns for their own conceived national interests influence or control decisions on application of the legal ground rules in concrete cases by heads of government and their foreign ministries. The author notes at the same time the attempt to consolidate and codify existing rules on a political "regional" basis, most evident perhaps with the European Union today. In addressing the claimed new legal category of "failed state" with the concomitant asserted legal right of other states to intervene, if necessary unilaterally or outside the United Nations, to impose their own "corrective" measures, he suggests that the postulated "failure" in such cases may frequently stem less from problems inherent in the state concerned than from past hegemonial actions by outside states in pursuit of their own geopolitical interests in the region. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.