International Law and the Relationality of States PDF Download

Author: Erdem Ertürk
Publisher: Taylor & Francis
ISBN: 100085244X
Category : Law
Languages : en
Pages : 235

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Book Description
This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative. The book traces the source of this shortcoming to Vattel’s notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists’ idea of recognition as a sovereign gesture of consent and declarative theorists’ perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the relational element of coming into being. To achieve this purpose, the book draws upon Hegel’s theory of recognition, supplementing it with Bataille’s and Derrida’s critical readings of Hegel’s thought. In this respect, the book departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty, elaborating a more general economy of recognition that accommodates the notion of subjects in flux. This critical engagement with a key notion in international law will appeal to legal and political theorists, as well as scholars and students in international relations.

Author: Erdem Ertürk
Publisher:
ISBN: 9781003190561
Category : LAW
Languages : en
Pages : 0

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Book Description
This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative. The book traces the source of this shortcoming to Vattel's notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists' idea of recognition as a sovereign gesture of consent and declarative theorists' perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the relational element of coming into being. To achieve this purpose, the book draws upon Hegel's theory of recognition, supplementing it with Bataille's and Derrida's critical readings of Hegel's thought. In this respect, the book departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty, elaborating a more general economy of recognition that accommodates the notion of subjects in flux. This critical engagement with a key notion in international law will appeal to legal and political theorists, as well as scholars and students in international relations.

Author: Christian Reus-Smit
Publisher: Princeton University Press
ISBN: 0691144354
Category : Philosophy
Languages : en
Pages : 214

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Book Description
Emphasising the relationship between the social identity of the state and the nature and origin of basic institutional practices, this text questions why different states have built different types of institutions to govern interstate relations.

Author: Yaqing Qin
Publisher:
ISBN: 1107183146
Category : Philosophy
Languages : en
Pages : 415

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Book Description
A reinterpretation of world politics drawing on Chinese cultural and philosophical traditions to argue for a focus on relations amongst actors, rather than on the actors individually.

Author: Gina Heathcote
Publisher: Oxford University Press
ISBN: 0191508209
Category : Law
Languages : en
Pages : 394

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Book Description
In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict. Contributing to the development of feminist and gender scholarship on international law, Gina Heathcote provides a feminist analysis of the central pillars of international law, noting the advances and limitations of feminist approaches. Through incorporating into mainstream international legal studies specific critical and feminist narratives, this book considers the manner in which feminist thinking has changed international law, and the manner in which international law has remained impervious to key feminist dialogues. It argues for a return to structural bias feminism that engages the foundations of international law and uses gender as a method for challenging post-millennium narratives on fragmentation, the role of international institutions, the nature of legal authority, sovereignty, and the role of international legal experts.

Author: Tobias Berger
Publisher: Routledge
ISBN: 1351806335
Category : Political Science
Languages : en
Pages : 332

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Book Description
Virtually all pertinent issues that the world faces today – such as nuclear proliferation, climate change, the spread of infectious disease and economic globalization – imply objects that move. However, surprisingly little is known about how the actual objects of world politics are constituted, how they move and how they change while moving. This book addresses these questions through the concept of 'translation' – the simultaneous processes of object constitution, transportation and transformation. Translations occur when specific forms of knowledge about the environment, international human rights norms or water policies consolidate, travel and change. World Politics in Translation conceptualizes 'translation' for International Relations by drawing on theoretical insights from Literary Studies, Postcolonial Scholarship and Science and Technology Studies. The individual chapters explore how the concept of translation opens new perspectives on development cooperation, the diffusion of norms and organizational templates, the performance in and of international organizations or the politics of international security governance. This book constitutes an excellent resource for students and scholars in the fields of Politics, International Relations, Social Anthropology, Development Studies and Sociology. Combining empirically grounded case studies with methodological reflection and theoretical innovation, the book provides a powerful and productive introduction to world politics in translation.

Author: Roxana Banu
Publisher: Oxford University Press
ISBN: 0192551752
Category : Law
Languages : en
Pages : 388

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Book Description
Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.

Author: Vincent Chapaux
Publisher: Taylor & Francis
ISBN: 1000892220
Category : Law
Languages : en
Pages : 354

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Book Description
This handbook explores, contextualises and critiques the relationship between anthropocentrism – the idea that human beings are socially and politically at the centre of the cosmos – and international law. While the critical study of anthropocentrism has been under way for several years, it has either focused on specific subfields of international law or emanated from two distinctive strands inspired by the animal rights movement and deep ecology. This handbook offers a broader study of anthropocentrism in international law as a global legal system and academic field. It assesses the extent to which current international law is anthropocentric, contextualises that claim in relation to broader critical theories of anthropocentrism, and explores alternative ways for international law to organise relations between humans and other living and non-living entities. This book will interest international lawyers, environmental lawyers, legal theorists, social theorists, and those concerned with the philosophy and ethics of ecology and the non-human realms.

Author: Robert McCorquodale
Publisher: BRILL
ISBN: 9004284176
Category : Law
Languages : en
Pages : 542

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Book Description
This book considers British influences on the development of international law over 100 years from 1915. This century has been marked by unprecedented developments in international law, not least the setting up of an array of international organisations, including the United Nations and the League of Nations, and international courts and tribunals (including the International Court of Justice and its predecessor the Permanent Court of International Justice, as well as the International Criminal Court). Two world wars, complex transboundary issues and increased globalisation have shown the importance of international law. This volume addresses these developments – domestic, regional and international - and looks at how Britain and British people (broadly defined) have influenced these changes. The contributors to the book have examined an array of different issues. These include British influences on treaty-making, recognition and immunity, as well as on specific fields of international law, such as armed conflict, criminal law, environment and human rights. It has commentary on the British influence on the sources of international law, including by its courts and Foreign Office, in the development of the European Union and in the idea of a professional international lawyer. There are also reflections on many of the key people over the century. The book provides a novel perspective, which surveys and appraises the contributions of British people and institutions in domestic and international legal forums and their key role in the development, interpretation and application of international law. Please also see the following related titles: - The Role of Legal Advisers in International Law - British Contributions to International Law, 1915-2015

Author: Irene Watson
Publisher: Taylor & Francis
ISBN: 1317240669
Category : Law
Languages : en
Pages : 237

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Book Description
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.