Talking International Law
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Talking International Law
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Author : Ian Johnstone
language : en
Publisher:
Release Date : 2021
Talking International Law written by Ian Johnstone and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with International law categories.
"In a decentralized global system that lacks the formal trappings of domestic governance systems, most disputes between and among states and non- state actors never reach either a domestic or an international courtroom for some kind of authoritative resolution. This state of affairs continues, even with the creation of new international tribunals in recent decades. Despite, indeed because of, the relative scarcity of judicial settlement of disputes, international legal argumentation remains pervasive, but notably in a range of nonjudicial settings. States, corporations, nongovernmental organizations (NGOs), and even guerrilla groups make claims in international legal terms in political bodies like the United Nations' organs or domestic parliaments, private diplomatic discussions, and public statements in formal and informal settings. What purpose does such argumentation serve? What are its effects, intended and unintended? Who is engaging in the argumentation? Who is the audience? What, for that matter, counts as a legal argument and how is it different from other kinds of argument? These questions are not all new, but they have never been addressed systematically in one volume. Answering them is critical to a central goal for scholars and practitioners of international law and relations- to understand how international law actually operates in international affairs. This book probes these and other questions related to the place of international legal arguments from a multi- perspectival lens. It brings together a group of scholars and practitioners from around the world who have either written about or engaged in international legal argumentation outside of courtrooms. We draw on various theoretical traditions that address the phenomenon of argumentation in international affairs, either as an element of legal theory or of international relations theory. Yet our approach is largely inductive, looking at the actual practice of legal argumentation in a variety of settings and issue areas. From the cases, we seek to identify patterns and common themes in why, where, how, and to what effect the language of law is used outside of courts. This fills a significant gap in scholarship on international law and international relations by exploring the micro- process of communication using international law"--
Talking International Law
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Author : Ian Johnstone
language : en
Publisher: Oxford University Press
Release Date : 2021-08-31
Talking International Law written by Ian Johnstone 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 2021-08-31 with Law categories.
Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range of issue areas, from security and human rights, to the environment, trade, and intellectual property. Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk." Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims - including persuasion, strategic calculations, assertions of identity, and the felt need to legitimate one's actions - or to delegitimate those of an adversary. Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and senior practitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.
Is International Law International
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Author : Anthea Roberts
language : en
Publisher: Oxford University Press
Release Date : 2017
Is International Law International written by Anthea Roberts 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 book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
The Limits Of International Law
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Author : Jack L. Goldsmith
language : en
Publisher: Oxford University Press
Release Date : 2005-02-03
The Limits Of International Law written by Jack L. Goldsmith 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 2005-02-03 with Law categories.
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Human Choice In International Law
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Author : Anna Spain Bradley
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-22
Human Choice In International Law written by Anna Spain Bradley 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 2021-07-22 with Law categories.
An exploration of human choice in international legal and political decision making that investigates the neurobiology of choice and the history of how it has affected international peace and security.
International Law And International Relations
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Author : J. Craig Barker
language : en
Publisher: Bloomsbury Academic
Release Date : 2001-02-22
International Law And International Relations written by J. Craig Barker and has been published by Bloomsbury Academic this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-02-22 with Political Science categories.
The disciplines of international law and international relations are inextricably linked. Both are concerned with the activities of states and with predicting how states behave and on what basis.For the international lawyer, however, the key concern is the role of the law. On the other hand, political scientists have traditionally regarded international law with skepticism, if not contempt. In recent years new approaches in both disciplines have seen moves towards greater interdisciplinary collaboration. Indeed, at the start of the twenty-first century, theorists from both disciplines are talking actively about the development of a dual agenda of international law and international relations. This means that students of international relations need increasingly to be familiar with the terminology and methodology of international law.This essential introductory text examines the key concepts in international law with a view to illuminating them in the context of international relations. The first part of the book provides coverage of theoretical issues, addressing questions such as: How does international law work? How is international law made? and To whom does international law apply? The second part examines international law in context, focusing on the role of treaties and customary international law, the role of individuals in international law and the legal control of the use of force. It also uses case-study material including an examination of the Pinochet litigation.
International Law S Collected Stories
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Author : Sofia Stolk
language : en
Publisher: Springer Nature
Release Date : 2020-12-19
International Law S Collected Stories written by Sofia Stolk and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-19 with Law categories.
This edited volume presents a collection of stories that experiment with different ways of looking at international law. By using different literary lenses -namely, storytelling, the novel, the drama, the collage, the self-portrait, and the museum- the authors shed light on elements of international law that usually remain unseen or unheard and expose the limits of what international law can do. We inquire into who the storytellers of international law are, the stages on which they tell their stories, and who are absent in these tales. We present it as a collection: a set of different essays that more or less deal with the same subject matter. Alternatively, we would like to call it a potpourri of stories, since the diversity of topics and approaches is eclectic and unconventional. By placing multiple perspectives alongside each other we aim to compare and contrast, to allow for second thoughts, and to rediscover. In doing so, we engage with the ambiguities of international law’s characters and spaces, and with the worldviews they reflect and worlds they create.
Comparative Reasoning In International Courts And Tribunals
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Author : Daniel Peat
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-13
Comparative Reasoning In International Courts And Tribunals written by Daniel Peat 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 2019-06-13 with Law categories.
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
International Law In Public Debate
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Author : Madelaine Chiam
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-09
International Law In Public Debate written by Madelaine Chiam 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 2021-12-09 with Law categories.
A history of international law in public debates and its resulting popular language of international law.
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.