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Author: Anthea Roberts Publisher: Oxford University Press ISBN: 0190696419 Category : Law Languages : en Pages : 433
Book Description
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.
Author: Anthea Roberts Publisher: Oxford University Press ISBN: 0190696419 Category : Law Languages : en Pages : 433
Book Description
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.
Author: Marianne O. Nielsen Publisher: University of Arizona Press ISBN: 0816540411 Category : Social Science Languages : en Pages : 225
Book Description
This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Author: Jan Wouters Publisher: Bloomsbury Publishing ISBN: 1509909044 Category : Law Languages : en Pages : 560
Book Description
This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.
Author: Daniel D. Bradlow Publisher: Kluwer Law International B.V. ISBN: 9041128816 Category : Business & Economics Languages : en Pages : 442
Book Description
The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors - whose work spans the academic, policy, and activist spectrum - suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.
Author: Marek St. Korowicz Publisher: Springer Science & Business Media ISBN: 940119226X Category : Law Languages : en Pages : 432
Book Description
This book in its entirety as well as in each of its parts is an outline of the problems under discussion. The subject matter of some eighty sections of the book is extensive; it could, indeed, be presented by ex perts in as many volumes. This study offers an attempt to formulate a synthesis, however difficult, of the vast amount of available material. Unlike the well-known standard Introductions to International Law which deal with all the major fields of international law, this book treats exclusively the present conceptions of that law as expressed in legal literature, international treaties and other agreements, inter national judgements and awards, governmental and diplomatic state ments and the like. Special attention is devoted, in several chapters of the book, to the "teachings of the most highly qualified publicists of the various nations" which are considered by Article 38 paragraph 1 (d) of the Statute of the International Court of Justice as "subsidiary means for the determination ofrules of law. " An endeavor is made to ascertain whether in certain fields of the theory of international law a "Communis opinio doctorum" has either been reached or is in the process of achievement. Some readers may consider that there are too many quotations from writings of publicists; others will certainly feel - as does this writer - that too many outstanding international lawyers have not been included.
Author: Davíd Thór Björgvinsson Publisher: Edward Elgar Publishing ISBN: 1785361872 Category : Law Languages : en Pages : 201
Book Description
What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.
Author: Vaughan Lowe Publisher: OUP Oxford ISBN: 0191576204 Category : Law Languages : en Pages : 145
Book Description
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
Author: Anthea Roberts Publisher: Oxford University Press ISBN: 0190697571 Category : Law Languages : en Pages : 641
Book Description
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
Author: Anthea Roberts
Author: Anthea Roberts
Author: Marianne O. Nielsen
Author: Jan Wouters
Author: Daniel D. Bradlow
Author: Marek St. Korowicz
Author: Emer de Vattel
Author: Davíd Thór Björgvinsson
Author: Thomas Joseph Lawrence
Author: Vaughan Lowe
Author: Anthea Roberts