Contingency in International Law
Contingency in International Law

Author: Ingo Venzke

Publisher: Oxford University Press

Published: 2021

Total Pages: 577

ISBN-13: 0192898035

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This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.

Contingency in a Sacred Law
Contingency in a Sacred Law

Author: Baber Johansen

Publisher: BRILL

Published: 1999

Total Pages: 548

ISBN-13: 9789004106031

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A focus on the way in which Muslim scholars of the Hanafite school of Muslim law, from the 10th-12th centuries, adapted their legal norms to changing circumstances and distinguished between legal and ethical norms, religious and legal status, legal propositions and religious judgment. The introduction links this debate to the sociology of law and spells out the distinction between theology and law in Islam.

The Oxford Handbook of Leibniz
The Oxford Handbook of Leibniz

Author: Maria Rosa Antognazza

Publisher: Oxford Handbooks

Published: 2018

Total Pages: 825

ISBN-13: 0199744726

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This volume provides a uniquely comprehensive, systematic, and up-to-date appraisal of Leibniz's thought thematically organized around its diverse but interrelated aspects. By pulling together the best specialized work in the many domains to which Leibniz contributed, its ambition is to offer the most rounded picture of Leibniz's endeavors currently available.

Contingency in International Law
Contingency in International Law

Author: Ingo Venzke

Publisher: Oxford University Press

Published: 2021-04-22

Total Pages: 560

ISBN-13: 0192652907

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This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.

Events: The Force of International Law
Events: The Force of International Law

Author: Fleur Johns

Publisher: Routledge

Published: 2010-10-04

Total Pages: 619

ISBN-13: 1136920293

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Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.

The Nature of Contingency
The Nature of Contingency

Author: Alastair Wilson

Publisher:

Published: 2020

Total Pages: 232

ISBN-13: 0198846215

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This book defends a radical new theory of contingency as a physical phenomenon. Drawing on the many-worlds approach, it argues that quantum theories are best understood as telling us about the space of genuine possibilities, rather than as telling us solely about actuality.

System, Order, and International Law
System, Order, and International Law

Author: Stefan Kadelbach

Publisher: Oxford University Press

Published: 2017

Total Pages: 545

ISBN-13: 0198768583

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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 today's 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.

The Politics of International Law
The Politics of International Law

Author: Martti Koskenniemi

Publisher: Bloomsbury Publishing

Published: 2011-06-10

Total Pages: 413

ISBN-13: 1847317766

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Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

Rewriting the History of the Law of Nations
Rewriting the History of the Law of Nations

Author: Paolo Amorosa

Publisher:

Published: 2019

Total Pages: 369

ISBN-13: 0198849370

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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.