Conceptual (Re)Constructions of International Law PDF Download

Author: Kostiantyn Gorobets
Publisher: Edward Elgar Publishing
ISBN: 1800373007
Category : Law
Languages : en
Pages : 261

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Book Description
This timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed.

Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108421873
Category : Law
Languages : en
Pages : 179

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Book Description
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?

Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1108480942
Category : History
Languages : en
Pages : 395

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Book Description
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

Author: Jean d’Aspremont
Publisher: Edward Elgar Publishing
ISBN: 1783474688
Category : Law
Languages : en
Pages : 957

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Book Description
Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.

Author: David Lefkowitz
Publisher: Cambridge University Press
ISBN: 1107138779
Category : Law
Languages : en
Pages : 289

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Book Description
Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.

Author: Miodrag A. Jovanović
Publisher: Cambridge University Press
ISBN: 1108473334
Category : Law
Languages : en
Pages : 287

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Book Description
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

Author: Wouter Werner
Publisher: Cambridge University Press
ISBN: 1108148395
Category : Law
Languages : en
Pages : 443

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Book Description
For decades, Martti Koskenniemi has not just been an influential writer in international law; his work has caused a significant shift in the direction of the field. This book engages with some of the core questions that have animated Koskenniemi's scholarship so far. Its chapters attest to the breadth and depth of Koskenniemi's oeuvre and the different ways in which he has explored these questions. Koskenniemi's work is applied to a wide range of functional areas in international law and discussed in relation to an even broader range of theoretical perspectives, including history, political theory, sociology and international relations theory. These invaluable insights have been expertly brought together by the volume editors, who identify the key and common themes of many of the book's contributions. This volume demonstrates the importance of critical legal scholarship in the ways international law is enacted, shaped and reshaped over time.

Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191027286
Category : Law
Languages : en
Pages : 328

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Book Description
International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.

Author: United Nations. International Law Commission
Publisher:
ISBN: 9789521023378
Category : Conflict of laws
Languages : en
Pages : 306

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Book Description

Author: Jean d'Aspremont
Publisher: Oxford University Press
ISBN: 0199696314
Category : Law
Languages : en
Pages : 285

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Book Description
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the delimitation of customary international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). The main theory of law ascertainment presented in this work remains however principally informed by a rejuvenated version of Herbert Hart's social thesis.