Cynical International Law?

Cynical International Law?

Author: Björnstjern Baade

Publisher: Springer Nature

Published: 2020-11-28

Total Pages: 369

ISBN-13: 3662621282

DOWNLOAD EBOOK

Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.


Cynical International Law?

Cynical International Law?

Author: Björnstjern Baade

Publisher: Springer

Published: 2021-11-30

Total Pages: 369

ISBN-13: 9783662621301

DOWNLOAD EBOOK

Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.


International Law

International Law

Author: Wade Mansell

Publisher: Bloomsbury Publishing

Published: 2019-08-22

Total Pages: 409

ISBN-13: 1509926720

DOWNLOAD EBOOK

This new edition provides a critical introduction to the concepts, principles and rules of international law through a consideration of contemporary international events. It examines both the possibilities and limitations of the legal method in resolving international disputes, and notes the actual effects of international law upon international disagreements. Such an approach remains sceptical rather than cynical, and is intended to provide the means by which the role of international law may be evaluated. This entails discussion of the legal quality of international law; the relationship between international law and international relations; the Eurocentricity' of international law; and the connection between political power and the ability to use or abuse (or ignore) international law. The new edition explores the impact of the United States' latest direction in foreign policy (arguably an intensification of pre-existing neo-conservative trends); considers in greater depth the issue of economic self-determination in relation to ex-colonial nations; expands the discussion of jurisdiction to cover immunity from jurisdiction; and covers recent developments at the International Criminal Court. Underlying the book is the assertion that international law is political in content (in the sense of being concerned with the exercise of power) but that it draws much of its effectiveness from its self-portrayal as being apolitical, or at least politically neutral.


International Law

International Law

Author: Vaughan Lowe

Publisher: OUP Oxford

Published: 2007-09-27

Total Pages: 328

ISBN-13: 0191027286

DOWNLOAD EBOOK

International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.


International Law as a Profession

International Law as a Profession

Author: Jean d'Aspremont

Publisher: Cambridge University Press

Published: 2017-04-06

Total Pages: 471

ISBN-13: 1108138683

DOWNLOAD EBOOK

International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.


Cynical Theories

Cynical Theories

Author: Helen Pluckrose

Publisher: Pitchstone Publishing (US&CA)

Published: 2020-05-05

Total Pages: 353

ISBN-13: 1634312031

DOWNLOAD EBOOK

Wall Street Journal, USA Today, and Publishers Weekly Bestseller! Times, Sunday Times, and Financial Times Book-of-the-Year Selection! Have you heard that language is violence and that science is sexist? Have you read that certain people shouldn't practice yoga or cook Chinese food? Or been told that being obese is healthy, that there is no such thing as biological sex, or that only white people can be racist? Are you confused by these ideas, and do you wonder how they have managed so quickly to challenge the very logic of Western society? In this probing and intrepid volume, Helen Pluckrose and James Lindsay document the evolution of the dogma that informs these ideas, from its coarse origins in French postmodernism to its refinement within activist academic fields. Today this dogma is recognizable as much by its effects, such as cancel culture and social-media dogpiles, as by its tenets, which are all too often embraced as axiomatic in mainstream media: knowledge is a social construct; science and reason are tools of oppression; all human interactions are sites of oppressive power play; and language is dangerous. As Pluckrose and Lindsay warn, the unchecked proliferation of these anti-Enlightenment beliefs present a threat not only to liberal democracy but also to modernity itself. While acknowledging the need to challenge the complacency of those who think a just society has been fully achieved, Pluckrose and Lindsay break down how this often-radical activist scholarship does far more harm than good, not least to those marginalized communities it claims to champion. They also detail its alarmingly inconsistent and illiberal ethics. Only through a proper understanding of the evolution of these ideas, they conclude, can those who value science, reason, and consistently liberal ethics successfully challenge this harmful and authoritarian orthodoxy—in the academy, in culture, and beyond.


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

DOWNLOAD EBOOK

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.


Research Methods in International Law

Research Methods in International Law

Author: Deplano, Rossana

Publisher: Edward Elgar Publishing

Published: 2021-07-31

Total Pages: 544

ISBN-13: 1788972368

DOWNLOAD EBOOK

This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.


Contingency in International Law

Contingency in International Law

Author: Ingo Venzke

Publisher: Oxford University Press

Published: 2021

Total Pages: 577

ISBN-13: 0192898035

DOWNLOAD EBOOK

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.


International Criminal Justice

International Criminal Justice

Author: Gideon Boas

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 335

ISBN-13: 1781005605

DOWNLOAD EBOOK

ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.