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Author: James Brown Scott Publisher: The Lawbook Exchange, Ltd. ISBN: 1584771100 Category : International law Languages : en Pages : 486
Book Description
Study of Vitoria by a leading figure in twentieth-century international law. Originally published: Oxford: Clarendon Press, 1934. 19a, 288, [6], clviii pp. Francisco de Vitoria [c.1483-1546] was a founder of international law. Scott holds that Vitoria's doctrines, popularized in his important Reflectiones, De Indis Noviter Inventis and De Jure Belli (the text of these are included in the appendix), are in fact the first works to address the law of nations, which was to become the international law of Christendom and the world at large. Vitoria held that pagans were entitled to freedom and property, declared slavery to be unsound and upheld the rights of Indians. He also questioned the legitimacy of Spain's recent conquest of the New World. This was the source of his thesis that the community of nations transcends Christendom. One of the greatest figures in modern international law, James Brown Scott [1866-1943] was the guiding force behind the American Society of International Law, and was editor-in-chief of the American Journal of International Law. He played a key role in several important diplomatic conferences and was secretary of the Carnegie Endowment for International Peace. His books include The American Institute of International Law: Its Declaration of the Rights and Duties of Nations (1916), The Catholic Conception of International Law (1934) and Law, The State and the International Community (1939).
Author: James Brown Scott Publisher: The Lawbook Exchange, Ltd. ISBN: 1584771100 Category : International law Languages : en Pages : 486
Book Description
Study of Vitoria by a leading figure in twentieth-century international law. Originally published: Oxford: Clarendon Press, 1934. 19a, 288, [6], clviii pp. Francisco de Vitoria [c.1483-1546] was a founder of international law. Scott holds that Vitoria's doctrines, popularized in his important Reflectiones, De Indis Noviter Inventis and De Jure Belli (the text of these are included in the appendix), are in fact the first works to address the law of nations, which was to become the international law of Christendom and the world at large. Vitoria held that pagans were entitled to freedom and property, declared slavery to be unsound and upheld the rights of Indians. He also questioned the legitimacy of Spain's recent conquest of the New World. This was the source of his thesis that the community of nations transcends Christendom. One of the greatest figures in modern international law, James Brown Scott [1866-1943] was the guiding force behind the American Society of International Law, and was editor-in-chief of the American Journal of International Law. He played a key role in several important diplomatic conferences and was secretary of the Carnegie Endowment for International Peace. His books include The American Institute of International Law: Its Declaration of the Rights and Duties of Nations (1916), The Catholic Conception of International Law (1934) and Law, The State and the International Community (1939).
Author: Matthew C. R. Craven Publisher: Martinus Nijhoff Publishers ISBN: 9004154817 Category : Law Languages : en Pages : 264
Book Description
This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
Author: Ignacio de la Rasilla del Moral Publisher: BRILL ISBN: 9004343237 Category : Law Languages : en Pages : 369
Book Description
In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War. Ignacio de la Rasilla del Moral recounts the history of the two ‘renaissances’ of Francisco de Vitoria and the Spanish Classics of International Law and contextualizes the ideological glorification of the Salamanca School by Franco’s international lawyers. Historical excursuses on the intellectual evolution of international law in the US and the UK complement the neglected history of international law in Spain from the first empire in history on which the sun never set to a diminished and fascistized national-Catholicist state.
Author: Paolo Amorosa Publisher: ISBN: 0198849370 Category : Law Languages : en Pages : 369
Book Description
In the interwar years, James Brown Scott wrote a series of works on the history international law, arguing that the foundation of modern international law rested with the 16th century Spanish theologian Francisco de Vitoria. This book describes the Spanish origin project in context, and explores its impact on international law as we know it today.
Author: David J. Bederman Publisher: University of Georgia Press ISBN: 0820326399 Category : Law Languages : en Pages : 294
Book Description
As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature—nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. After addressing philosophical concerns about authority and obligation in international law, Bederman considers the sources and methods of international lawmaking. Topics include key legal actors in the international system, the permissible scope of international legal regulation (what Bederman calls the "subjects and objects" of the discipline), the primitive character of international law and its ability to remain coherent, and the essential values of international legal order (and possible tensions among those values). Bederman then measures the extent to which the rules of international law are formal or pragmatic, conservative or progressive, and ignored or enforced. Finally, he reflects on whether cynicism or enthusiasm is the proper attitude to govern our thoughts on international law. Throughout his study, Bederman highlights some of the canonical documents of international law: those arising from famous cases (decisions by both international and domestic tribunals), significant treaties, important diplomatic correspondence, and serious international incidents. Distilling the essence of international law, this volume is a lively, broad, thematic summation of its structure, characteristics, and main features.
Author: Ignacio de la Rasilla Publisher: Cambridge University Press ISBN: 1108606520 Category : Law Languages : en Pages : 465
Book Description
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Author: Martti Koskenniemi Publisher: Oxford University Press ISBN: 0192528432 Category : Law Languages : en Pages : 481
Book Description
This books maps out the territory of international law and religion challenging received traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion.
Author: Stefan Kadelbach Publisher: Oxford University Press ISBN: 0191081051 Category : Law Languages : en Pages : 545
Book Description
For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of todays theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas, such as the relationship between universality and particularity, the role of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it appears that the reinvigorated concept of the nation state as an ordering force competes with internationalist thinking, the problems at issue in the classic theories point to contemporary questions: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show that uncovering the history of international law can offer ways in which to envisage its future.
Author: Alexander Orakhelashvili Publisher: Edward Elgar Publishing ISBN: 1788116712 Category : Law Languages : en Pages : 512
Book Description
This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.
Author: James Brown Scott
Author: James Brown Scott
Author: Matthew C. R. Craven
Author: Ignacio de la Rasilla del Moral
Author: Paolo Amorosa
Author: James Brown Scott
Author: David J. Bederman
Author: Ignacio de la Rasilla
Author: Martti Koskenniemi
Author: Stefan Kadelbach
Author: Alexander Orakhelashvili