International Law from Below

International Law from Below

Author: Balakrishnan Rajagopal

Publisher: Cambridge University Press

Published: 2003-11-06

Total Pages: 363

ISBN-13: 1139438239

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The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.


Law from Below

Law from Below

Author: Elisabeth Rain Kincaid

Publisher: Georgetown University Press

Published: 2024-03-01

Total Pages: 271

ISBN-13: 1647124077

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A constructive model of engagement with unjust laws from the ground up The current political atmosphere would suggest that law is imposed only from above, specifically by the chief executive acting upon some sort of perceived populist mandate. In Law from Below, Elisabeth Rain Kincaid argues that the theology of the early modern legal theorist and theologian, Francisco Suárez, SJ may be successfully retrieved to provide a constructive model of legal engagement for Christians today. Suárez’s theology was developed to combat an authoritarian view of law, suggesting that communities may work to change law from the ground up as they function within the legal system, not just outside it. Law from Below suggests that Suárez’s theory of law provides a theologically robust way to mount a counter-narrative to contemporary authoritarian theories of law, while still acknowledging the good in the rule of law and its imposition by a legislative authority. Suárez acknowledges the crucial contribution of citizens to improving law’s moral content, without removing the importance of law’s own authority or the role of the lawgiver. Law from Below argues that the dialogue between legislators and the community provides Christian activists with a range of options for constructively engaging with law in order to have a positive impact on society.


Law and Globalization from Below

Law and Globalization from Below

Author: Boaventura de Sousa Santos

Publisher: Cambridge University Press

Published: 2005-09-08

Total Pages: 424

ISBN-13: 9781139446143

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This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.


The Rights of Refugees under International Law

The Rights of Refugees under International Law

Author: James C. Hathaway

Publisher: Cambridge University Press

Published: 2021-04-22

Total Pages: 1453

ISBN-13: 1108495893

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The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.


Revolutions in International Law

Revolutions in International Law

Author: Kathryn Greenman

Publisher: Cambridge University Press

Published: 2021-02-18

Total Pages: 445

ISBN-13: 110885236X

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In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.


South-South Migrations and the Law from Below

South-South Migrations and the Law from Below

Author: Oreva Olakpe

Publisher: Bloomsbury Publishing

Published: 2023-05-18

Total Pages: 219

ISBN-13: 1509958193

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Winner of the Hart–SLSA Book Prize 2024 This book explores the narratives and experiences of people in the Global South as they encounter the impact of international law in their lives. It looks specifically at approaches to international migrations and the law, as states in the Global South confront migration-related challenges. Taking a case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, the book shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and a Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law. This fascinating study will appeal to international law, human rights and immigration scholars, as well as those in the field of development studies.


Transitional Justice from Below

Transitional Justice from Below

Author: Kieran McEvoy

Publisher: Bloomsbury Publishing

Published: 2008-07-15

Total Pages: 274

ISBN-13: 1847314422

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Although relatively new as a distinct field of study, transitional justice has become rapidly established as a vital field of enquiry. From vaguely exotic origins on the outer edges of political science, the study of 'justice' in times of transition has emerged as a central concern of scholarship and practical policy-making. A process of institutionalisation has confirmed this importance. The ICTY, the ICTR, the ICC, hybrid tribunals in Sierra Leone and East Timor and 'local' processes such as the Iraqi Higher Tribunal (IHT) have energised international law and international criminal justice scholarship. The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world. It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past. At the national level, international donors contribute huge sums of money to 'Rule of Law' programmes designed to transform national justice systems. This collection seeks to offer something quite different to the mainstream of scholarship in this area, emphasising the need for bespoke solutions to different transitions rather than 'off the shelf' models. The collection is designed to offer a space for diversity, prompted by a series of perspectives "from below" of societies beset by past violent conflict which have sought to effect their transition to justice. In doing so the contributors have also sought to enrich discussion about the role of human rights in transition, the continuing usefulness of perspectives from above, and the still contested meanings of "transition".


The Law of the Sea and Climate Change

The Law of the Sea and Climate Change

Author: Elise Johansen

Publisher: Cambridge University Press

Published: 2020-12-17

Total Pages: 463

ISBN-13: 1108842267

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Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.


International Law and History

International Law and History

Author: Ignacio de la Rasilla

Publisher: Cambridge University Press

Published: 2021-01-21

Total Pages: 465

ISBN-13: 1108606520

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This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.