Philosophy Of International Law
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The Philosophy Of International Law
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Author : Samantha Besson
language : en
Publisher: Oxford University Press
Release Date : 2010-04
The Philosophy 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 2010-04 with Law categories.
This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
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
A Philosophy Of International Law
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Author : Fernando Teson
language : en
Publisher: Routledge
Release Date : 2018-10-08
A Philosophy Of International Law written by Fernando Teson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-08 with Philosophy categories.
Why should sovereign states obey international law? In this groundbreaking study Fernando Tesón argues that an overlapping respect for human rights has created a moral common ground among the countries of the world. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.
Philosophy And International Law
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Author : David Lefkowitz
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29
Philosophy And International Law written by David Lefkowitz 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 2020-10-29 with Law categories.
Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
A Philosophy Of International Law
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Author : Fernando Teson
language : en
Publisher: Westview Press
Release Date : 1998-03-20
A Philosophy Of International Law written by Fernando Teson and has been published by Westview Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-03-20 with Political Science categories.
Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power.
Theory And Philosophy Of International Law
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Author : Andrea Bianchi
language : en
Publisher:
Release Date : 2017-04-28
Theory And Philosophy Of International Law written by Andrea Bianchi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-28 with categories.
This research collection offers a comprehensive view of the most notable contributions to the theory and philosophy of international law. In the first volume, a number of philosophical inquiries have been selected, alongside contributions offering general theoretical insight into international law and explores how philosophers and international law scholars tackle them in their respective fields of inquiry. In the second volume, the kaleidoscope of different contemporary theories and approaches to international law is presented. The collection is an indispensable reference for anyone interested in philosophical and theoretical investigations in international law.
Kant And The Law Of Peace
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Author : C. Covell
language : en
Publisher: Springer
Release Date : 1998-03-04
Kant And The Law Of Peace written by C. Covell and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-03-04 with Philosophy categories.
Kant and the Law of Peace is a critical examination of the jurisprudential aspects of Kant's international thought, with reference to the argument of his treatise Perpetual Peace (1795). Kant's international thought is situated in the wider context of his moral and political philosophy. Particular attention is given to explaining how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, he broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel.
The Responsibility To Protect In International Law
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Author : Natalie Oman
language : en
Publisher: Routledge
Release Date : 2019-12-06
The Responsibility To Protect In International Law written by Natalie Oman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-06 with Law categories.
This book tracks the development of the emerging international legal principle of a responsibility to protect over the past two decades. It contrasts the influential version of the principle introduced by the International Commission on Intervention and State Sovereignty in 2001 with subsequent interpretations of the responsibility to protect advocated by the United Nations through its human protection agenda, and reviews the dangers and inconsistencies inherent in both perspectives. The author demonstrates that the evolving responsibility to protect principle can be recruited to support a wide range of irreconcilable projects, from those of cosmopolitan constitutionalism to those of hegemonic international law. However, despite the dangers posed by this susceptibility to conceptual hijacking, Oman argues that the responsibility to protect, like human rights, is an essential a modern emancipatory formation. To remedy this dangerous malleability, the author advocates a third, distinctive interpretation of the responsibility to protect designed to limit its cooptation by liberal anti-pluralist and hegemonic international law agendas. Oman outlines the key features of such a minimalist conception, and explores its fit with the "RtoP" version of the responsibility to protect promoted in recent years by the UN. The author argues that two crucial features missing from the UN reading of the principle should be developed in future: an acknowledgement of the role of non-state actors as bearers of the responsibility to protect, and a recognition of the principle's legal character. Both of these aspects of the principle offer means to democratize the international law-making enterprise.
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
A Study Of The Philosophy Of International Law As Seen In Works Of Latin American Writers
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Author : H.B. Jacobini
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
A Study Of The Philosophy Of International Law As Seen In Works Of Latin American Writers written by H.B. Jacobini and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
One of the most unfortunate facts about the relationship of the United States with Latin America is that only in recent years has there been any appreciable amount of intellectual interchange with reference to law. This, of course, is an example of the relative lack of cultural exchange between these peoples. Only in very recent years has the North American interest in Latin America been in any sense general and active. While there are a few recent volumes which discuss various aspects of Latin American law in a fashion calculated to interest the North American lawyer and academician, the Latin American contributions to and attitudes toward international law are virtually unknown in the United States except in very restricted quarters. For this reason it was thought that a survey such as the one presented here would contribute not only to a better under standing of Latin American juristic thought as pertaining to international law, but also to a better comprehension of legal theory in general, and of Latin American culture as a whole. The phase of the philosophy of international law which, with reference to the regional application here studied, has been the major interest in this work, i.e., whether writers rely more on naturalism or positivism as the philosophical foundation of the law of nations, is, like the matter of Latin American law itself, a subject which has been neglected by North American scholars.