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Author: Jörg Kammerhofer Publisher: Routledge ISBN: 1136939717 Category : Law Languages : en Pages : 454
Book Description
Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through the lens of Kelsen’s theory Jörg Kammerhofer demonstrates the importance of the theoretical dimension for the study of international law and offers a critique of the recent trend towards pragmatism and eclecticism in international legal scholarship. The unique aspect of the monograph is that it is the only book to apply the Pure Theory of Law as theoretical approach to international law, rather than simply being a piece of intellectual history describing it. This book will of great interest to students and scholars of public international law, legal theory and jurisprudence.
Author: Jörg Kammerhofer Publisher: Routledge ISBN: 1136939717 Category : Law Languages : en Pages : 454
Book Description
Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through the lens of Kelsen’s theory Jörg Kammerhofer demonstrates the importance of the theoretical dimension for the study of international law and offers a critique of the recent trend towards pragmatism and eclecticism in international legal scholarship. The unique aspect of the monograph is that it is the only book to apply the Pure Theory of Law as theoretical approach to international law, rather than simply being a piece of intellectual history describing it. This book will of great interest to students and scholars of public international law, legal theory and jurisprudence.
Author: Alessandra La Vaccara Publisher: Editions Pedone/Hart ISBN: 9781509931798 Category : Law Languages : en Pages : 0
Book Description
One of the most challenging elements during any armed conflict and its aftermath is the need to determine the fate of the missing and to support families dealing with uncertainty. Another layer of complexity is added in cases where a missing person might have been involved in criminal activity. This book examines how international law meets these two distinct, but intertwined, needs. It shows that the duty to account for missing persons is cross-cutting in nature, requiring measures needing implementation before, during, and after armed conflict. At the same time, those measures cannot substitute any required to establish responsibility for IHL/IHRL violations and international crimes. Exploring specific examples, the book examines the role that international law plays in the international community's attempts to articulate humanitarian and accountability-driven efforts when dealing with the missing. By so doing, it suggests how linkages between such efforts can be established, both through legal and policy avenues.
Author: Brian D. Lepard Publisher: Cambridge University Press ISBN: 1108107931 Category : Law Languages : en Pages :
Book Description
Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
Author: Monika Ambrus Publisher: Oxford University Press ISBN: 019251542X Category : Law Languages : en Pages : 305
Book Description
Increasingly, international legal arrangements imagine future worlds or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert-knowledge, and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualise, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across the various fields of international law, including the use of force, maritime security, international economic and environmental law, and human rights. It investigates how the future is construed in these various areas; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk.
Author: Andrea Bianchi Publisher: Oxford University Press ISBN: 0192847538 Category : Law Languages : en Pages : 337
Book Description
This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.
Author: Ronen Shamir Publisher: ISBN: Category : Law Languages : en Pages : 280
Book Description
With the New Deal came a dramatic expansion of the American regulatory state. Threatening to undermine many of the traditional roles of the legal system and its actors by establishing a system of administrative law, the new emphasis on federal legislation as a form of social and economic planning ushered in an era of "legal uncertainty." In this study Ronen Shamir explores how elite corporate lawyers and the American Bar Association clashed with academic legal realists over the constitutionality of the New Deal's legislative program. Applying the insights of Weber and Bourdieu to the sociology of the legal profession, Shamir shows that elite members of the bar had a keen self-interest in blocking the expansion of administrative law. He dismisses as oversimplified the view that elite lawyers were "hired guns" who argued that New Deal legislation was unconstitutional solely because of their duty to represent their capitalist clients. Instead, Shamir suggests, their alignment with the capitalist class was an incidental result of their attempt to articulate their vision of the law as scientific, apolitical, and judicially oriented--and thereby to defend their own position within the law profession. The academic legal realists on the other side of the constitutional debates criticized the rigidity of the traditional judicial process and insisted that flexibility of interpretation and the uncertainty of legal outcomes was at the heart of the legal system. The author argues that many legal realists, encouraged by the experimental nature of the New Deal, seized an opportunity to improve on their marginal status within the legal profession by moving their discussions from academic circles to the national policy agenda.
Author: Ian Scoones Publisher: Routledge ISBN: 1000163407 Category : Business & Economics Languages : en Pages : 288
Book Description
Why is uncertainty so important to politics today? To explore the underlying reasons, issues and challenges, this book’s chapters address finance and banking, insurance, technology regulation and critical infrastructures, as well as climate change, infectious disease responses, natural disasters, migration, crime and security and spirituality and religion. The book argues that uncertainties must be understood as complex constructions of knowledge, materiality, experience, embodiment and practice. Examining in particular how uncertainties are experienced in contexts of marginalisation and precarity, this book shows how sustainability and development are not just technical issues, but depend deeply on political values and choices. What burgeoning uncertainties require lies less in escalating efforts at control, but more in a new – more collective, mutualistic and convivial – politics of responsibility and care. If hopes of much-needed progressive transformation are to be realised, then currently blinkered understandings of uncertainty need to be met with renewed democratic struggle. Written in an accessible style and illustrated by multiple case studies from across the world, this book will appeal to a wide cross-disciplinary audience in fields ranging from economics to law to science studies to sociology to anthropology and geography, as well as professionals working in risk management, disaster risk reduction, emergencies and wider public policy fields.
Author: Peter J. Katzenstein Publisher: Cambridge University Press ISBN: 1108425178 Category : Political Science Languages : en Pages : 383
Book Description
Mainstream international relations continues to assume that the world is governed by calculable risk based on estimates of power, despite repeatedly being surprised by unexpected change. This ground breaking work departs from existing definitions of power that focus on the actors' evolving ability to exercise control in situations of calculable risk. It introduces the concept of 'protean power', which focuses on the actors' agility as they adapt to situations of uncertainty. Protean Power uses twelve real world case studies to examine how the dynamics of protean and control power can be tracked in the relations among different state and non-state actors, operating in diverse sites, stretching from local to global, in both times of relative normalcy and moments of crisis. Katzenstein and Seybert argue for a new approach to international relations, where the inclusion of protean power in our analytical models helps in accounting for unforeseen changes in world politics.
Author: Ines Hasselberg Publisher: Berghahn Books ISBN: 1785330233 Category : Social Science Languages : en Pages : 186
Book Description
Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here – on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance – are important for broader understandings of border control policy and human rights.
Author: Jörg Kammerhofer
Author: Jörg Kammerhofer
Author: Sam Selvadurai
Author: Alessandra La Vaccara
Author: Brian D. Lepard
Author: Monika Ambrus
Author: Andrea Bianchi
Author: Ronen Shamir
Author: Ian Scoones
Author: Peter J. Katzenstein
Author: Ines Hasselberg