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Space and Fates of International Law

Space and Fates of International Law PDF Author: Ekaterina Yahyaoui Krivenko
Publisher: Cambridge University Press
ISBN: 1108488757
Category : Law
Languages : en
Pages : 215

Book Description
The first analysis of the influence the concept of space exercised on the emergence and continuing operation of international law.

Space and Fates of International Law

Space and Fates of International Law PDF Author: Ekaterina Yahyaoui Krivenko
Publisher: Cambridge University Press
ISBN: 1108488757
Category : Law
Languages : en
Pages : 215

Book Description
The first analysis of the influence the concept of space exercised on the emergence and continuing operation of international law.

Space and Fates of International Law

Space and Fates of International Law PDF Author: Ekaterina Yahyaoui Krivenko
Publisher: Cambridge University Press
ISBN: 1108803164
Category : Law
Languages : en
Pages : 215

Book Description
The book offers the first analysis of the influence exercised by the concept of space on the emergence and continuing operation of international law. By adopting a historical perspective and analysing work of two central early modern thinkers – Leibniz and Hobbes – it offers a significant addition to a limited range of resources on early modern history of international law. The book traces links between concepts of space, universality, human cognition, law, and international law in these two early modern thinkers in a comparative fashion. Through this analysis, the book demonstrates the dependency of the contemporary international law on the Hobbesian concept of space. Although some Leibnizian elements continue to operate, they are distorted. This continuing operation of Leibnizian elements is explained by the inability of international law, which is based on the Hobbesian concept of space, to ensure universality of its normative foundation.

International Law and Universality

International Law and Universality PDF Author:
Publisher: Oxford University Press
ISBN: 0198899432
Category : Law
Languages : en
Pages : 353

Book Description
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.

Rethinking the Relationship between International, EU and National Law

Rethinking the Relationship between International, EU and National Law PDF Author: Lando Kirchmair
Publisher: Cambridge University Press
ISBN: 1009380168
Category : Law
Languages : en
Pages : 421

Book Description
In view of the 'European sovereignty,' Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say.

Whither the West?

Whither the West? PDF Author: Chiara Giorgetti
Publisher: Cambridge University Press
ISBN: 110811766X
Category : Law
Languages : en
Pages : 279

Book Description
On a variety of international legal matters, relations between the US and European countries are evolving and even diverging. In an ever-changing world, understanding the reasons for this increasing dichotomy is fundamental and has a profound impact on our understanding of world dynamics and globalization and, ultimately, on our awareness of where the West is going. This interdisciplinary volume proposes new frameworks to understand the differences in approach to international law in the US and Europe. To explain the theoretical and historical underpinnings of the diverging views, the expert essays present new research and develop innovative conclusions. They assess and explore issues such as the idea of sovereignty, constitutional law, the use of force, treaty law and international adjudication. Leading authorities in different disciplines including law and political science, the contributors engage in a new dialogue and develop a new discourse on inter-Atlantic views.

International Law as Behavior

International Law as Behavior PDF Author: Harlan Grant Cohen
Publisher: Cambridge University Press
ISBN: 131699077X
Category : Law
Languages : en
Pages : 311

Book Description
This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a particular international law topic by drawing from a variety of fields through a multi-method approach to highlight how these fields may come together in a single project. Still others use behavioral insights as a form of critique to highlight the blind spots and related mistakes in more traditional analyses of the law. Throughout this volume, authors present creative, insightful, challenges to traditional international law scholarship.

Theories of International Responsibility Law

Theories of International Responsibility Law PDF Author: Samantha Besson
Publisher: Cambridge University Press
ISBN: 1009208543
Category : Law
Languages : en
Pages : 371

Book Description
There is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative 'world tour' of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility.

Tipping Points in International Law

Tipping Points in International Law PDF Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108960022
Category : Law
Languages : en
Pages : 403

Book Description
Addressing some of the most perilous, controversial issues in international law and governance, this volume brings together legal scholars from diverse geographic, personal and scholarly perspectives. They reflect on the pervasive feeling of crisis in the world today and share their views on the possibilities and limits of the international legal architecture and its expert communities in shaping the world of tomorrow. What exactly is this feeling that the contemporary international legal architecture is at a tipping point? What do these possible risks expose about the fragility and limits of our current conceptual and institutional order? What commitments drive our hopes and anxieties? Authors explore these questions across a wide range of possible tipping points and offer readers a unique snapshot of the lived experience of what it means to be an expert engaged right now in international law and governance. Each chapter covers both theory and practice in analysing a current problem.

Consenting to International Law

Consenting to International Law PDF Author: Samantha Besson
Publisher: Cambridge University Press
ISBN: 1009406469
Category : Law
Languages : en
Pages : 393

Book Description
The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions.

The Authority of International Criminal Law

The Authority of International Criminal Law PDF Author: Clare Frances Moran
Publisher: Cambridge University Press
ISBN: 1108483658
Category : Law
Languages : en
Pages : 161

Book Description
Considers the legitimacy and authority of international law, showing how it can be more than simply an exercise of power.