Author: Jan Paulsson Publisher: Cambridge University Press ISBN: 1108888445 Category : Law Languages : en Pages : 159
Book Description
Everyone condemns what they perceive as 'abuse of rights', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.
Author: Annelien De Dijn Publisher: Harvard University Press ISBN: 0674988337 Category : Political Science Languages : en Pages : 433
Book Description
Winner of the PROSE Award An NRC Handelsblad Best Book of the Year “Ambitious and impressive...At a time when the very survival of both freedom and democracy seems uncertain, books like this are more important than ever.” —The Nation “Helps explain how partisans on both the right and the left can claim to be protectors of liberty, yet hold radically different understandings of its meaning...This deeply informed history of an idea has the potential to combat political polarization.” —Publishers Weekly “Ambitious and bold, this book will have an enormous impact on how we think about the place of freedom in the Western tradition.” —Samuel Moyn, author of Not Enough “Brings remarkable clarity to a big and messy subject...New insights and hard-hitting conclusions about the resistance to democracy make this essential reading for anyone interested in the roots of our current dilemmas.” —Lynn Hunt, author of History: Why It Matters For centuries people in the West identified freedom with the ability to exercise control over the way in which they were governed. The equation of liberty with restraints on state power—what most people today associate with freedom—was a deliberate and dramatic rupture with long-established ways of thinking. So what triggered this fateful reversal? In a masterful and surprising reappraisal of more than two thousand years of Western thinking about freedom, Annelien de Dijn argues that this was not the natural outcome of such secular trends as the growth of religious tolerance or the creation of market societies. Rather, it was propelled by an antidemocratic backlash following the French and American Revolutions. The notion that freedom is best preserved by shrinking the sphere of government was not invented by the revolutionaries who created our modern democracies—it was first conceived by their critics and opponents. De Dijn shows that far from following in the path of early American patriots, today’s critics of “big government” owe more to the counterrevolutionaries who tried to undo their work.
Author: Victoria E. Bynum Publisher: UNC Press Books ISBN: 1469616998 Category : Social Science Languages : en Pages : 250
Book Description
In this richly detailed and imaginatively researched study, Victoria Bynum investigates "unruly" women in central North Carolina before and during the Civil War. Analyzing the complex and interrelated impact of gender, race, class, and region on the lives of black and white women, she shows how their diverse experiences and behavior reflected and influenced the changing social order and political economy of the state and region. Her work expands our knowledge of black and white women by studying them outside the plantation setting. Bynum searched local and state court records, public documents, and manuscript collections to locate and document the lives of these otherwise ordinary, obscure women. Some appeared in court as abused, sometimes abusive, wives, as victims and sometimes perpetrators of violent assaults, or as participants in ilicit, interracial relationships. During the Civil War, women freqently were cited for theft, trespassing, or rioting, usually in an effort to gain goods made scarce by war. Some women were charged with harboring evaders or deserters of the Confederacy, an act that reflected their conviction that the Confederacy was destroying them. These politically powerless unruly women threatened to disrupt the underlying social structure of the Old South, which depended on the services and cooperation of all women. Bynum examines the effects of women's social and sexual behavior on the dominant society and shows the ways in which power flowed between private and public spheres. Whether wives or unmarried, enslaved or free, women were active agents of the society's ordering and dissolution.
Author: Agnes Viktoria Rydberg Publisher: BRILL ISBN: 9004681310 Category : Law Languages : en Pages : 256
Book Description
Article 18 of the Vienna Convention on the Law of Treaties (VCLT) plays an indispensable role in promoting stable relations amongst States by obliging them to refrain from acts which would defeat the object and purpose of pending treaties. However, for more than 50 years since its adoption, Article 18 has lingered in a state of legal uncertainty. This book offers a complete guide to the precise scope and content of Article 18 VCLT by analysing its particular elements. Of relevance to scholars, practitioners, and postgraduate students of international law, it applies Article 18 VCLT to contemporary events in international law. It showcases the vitality and direct relevance of the provision in today’s international legal order, while offering concrete arguments for its effective application.
Author: Christian J. Tams Publisher: Edward Elgar Publishing ISBN: 1800884060 Category : Law Languages : en Pages : 417
Book Description
This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law.
Author: András Sajó Publisher: Cambridge University Press ISBN: 1108956319 Category : Law Languages : en Pages : 630
Book Description
There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.
Author: Marco Roscini Publisher: Oxford University Press ISBN: 0191090573 Category : Law Languages : en Pages : 590
Book Description
The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.
Author: Jan Paulsson
Author: Jan Paulsson
Author: Annelien De Dijn
Author: Hugo Grotius
Author: Nihal Jayawickrama
Author: Victoria E. Bynum
Author: Agnes Viktoria Rydberg
Author: Christian J. Tams
Author: András Sajó
Author: Marco Roscini