Parochialism, Cosmopolitanism, and the Foundations of International Law
Parochialism, Cosmopolitanism, and the Foundations of International Law

Author: Mortimer N. S. Sellers

Publisher: Cambridge University Press

Published: 2012

Total Pages: 303

ISBN-13: 0521518024

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This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

A Landscape of Contemporary Theories of International Law
A Landscape of Contemporary Theories of International Law

Author: Emmanuel Roucounas

Publisher: BRILL

Published: 2019-09-16

Total Pages: 731

ISBN-13: 9004385363

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This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.

The Oxford Handbook of Jurisdiction in International Law
The Oxford Handbook of Jurisdiction in International Law

Author: Stephen Allen

Publisher: Oxford University Press

Published: 2019-09-17

Total Pages: 613

ISBN-13: 0191089362

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The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

Altruism in International Law
Altruism in International Law

Author: Jason Rudall

Publisher: Cambridge University Press

Published: 2021-08-12

Total Pages: 287

ISBN-13: 1108871860

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Much emphasis has been placed on the role that individualism, self-interest and reciprocity have in the formation and function of international legal rules. Rarely has attention been given to the presence of altruism in legal systems, let alone the international legal system. In a study that is the first of its kind in international legal scholarship, Altruism in International Law explores and analyses the emergence of altruistic legal relationships between states and people in other countries. The book also argues that the impulse for the emergence of these relationships is a cosmopolitan ideology, which co-exists with a persisting statist ideology, among the major actors in international law-making processes. Further still, the book reveals that individualistic legal norms are more often manifested as strict rules while altruistic legal norms find expression in flexible standards. This suggests that there is a connection between substance and form in international law.

Tipping Points in International Law
Tipping Points in International Law

Author: Jean d'Aspremont

Publisher: Cambridge University Press

Published: 2021-10-28

Total Pages: 403

ISBN-13: 110884510X

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Explores the possibilities and limits of the international legal architecture and its expert communities in shaping the world of tomorrow.

The International Rule of Law
The International Rule of Law

Author: Denise Wohlwend

Publisher: Edward Elgar Publishing

Published: 2021-05-28

Total Pages: 328

ISBN-13: 178990742X

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This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.

International Legal Positivism in a Post-Modern World
International Legal Positivism in a Post-Modern World

Author: Jörg Kammerhofer

Publisher: Cambridge University Press

Published: 2014-10-06

Total Pages: 555

ISBN-13: 1316062384

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International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.

Cosmopolitanism in Context
Cosmopolitanism in Context

Author: Roland Pierik

Publisher: Cambridge University Press

Published: 2010-06-17

Total Pages:

ISBN-13: 113948804X

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Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into effective global institutions. Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the effects of such bureaucratisation of cosmopolitan ideals? This volume examines the strained relationship between cosmopolitanism as a moral standard and the legal institutions in which cosmopolitan norms and principles are to be implemented. Five areas of global concern are analysed: environmental protection, economic regulation, peace and security, the fight against international crimes and migration.

Cosmopolitanism in Hard Times
Cosmopolitanism in Hard Times

Author:

Publisher: BRILL

Published: 2020-12-15

Total Pages: 432

ISBN-13: 9004438025

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While each chapter seizes the dialectic of enlightenment and counter-enlightenment at work in the global world, the volume insists on the moral, intellectual, structural, and historical resources that still make cosmopolitanism a real possibility even in these hard times.

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

Author: Stefan Kadelbach

Publisher: Oxford University Press

Published: 2017-04-28

Total Pages: 588

ISBN-13: 019108106X

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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 todays 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.