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Author: Richard Collins Publisher: Bloomsbury Publishing ISBN: 1509900438 Category : Law Languages : en Pages : 305
Book Description
Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.
Author: Richard Collins Publisher: Bloomsbury Publishing ISBN: 1509900438 Category : Law Languages : en Pages : 305
Book Description
Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.
Author: Justin Desautels-Stein Publisher: Cambridge University Press ISBN: 1108365221 Category : Law Languages : en Pages : 596
Book Description
For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Author: Anthea Roberts Publisher: Oxford University Press ISBN: 0190696419 Category : Law Languages : en Pages : 433
Book Description
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
Author: Samantha Besson Publisher: Collège de France ISBN: 2722605821 Category : Law Languages : en Pages : 26
Book Description
States are no longer alone on the international scene. Other institutions intervene alongside States, and even sometimes in their place, such as international organizations, multinational corporations, non-governmental organizations, regions or global cities. Still, one would look in vain for clear indications in international law, including for the basic principles of an “international law of institutions” that could address the three fundamental questions of social and political organization that are representation, regulation and responsibility. What institutions may act in whose name internationally? What are the conditions for their actions to bind us legally and have the legitimacy to do so? And what institutions should be held responsible, by whom and how, in case of violation of international law? The time has come to reconstruct the international institutional order.
Author: Henry G. Schermers Publisher: Springer ISBN: Category : Law Languages : en Pages : 316
Book Description
This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.
Author: David Lefkowitz Publisher: Cambridge University Press ISBN: 1107138779 Category : Law Languages : en Pages : 289
Book Description
Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
Author: Richard Collins
Author: Richard Collins
Author: Justin Desautels-Stein
Author: Jan Klabbers
Author: Anthea Roberts
Author: Samantha Besson
Author: Emer de Vattel
Author: Georg Schwarzenberger
Author: Henry G. Schermers
Author: United Nations. International Law Commission
Author: David Lefkowitz