Politics and the Histories of International Law

Politics and the Histories of International Law

Author:

Publisher: BRILL

Published: 2021-07-19

Total Pages: 513

ISBN-13: 9004461809

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This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.


Law, Power, and the Sovereign State

Law, Power, and the Sovereign State

Author: Michael Ross Fowler

Publisher: Penn State Press

Published: 2010-11-01

Total Pages: 220

ISBN-13: 9780271039114

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In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.


The Power of Legality

The Power of Legality

Author: Nikolas Rajkovic

Publisher: Cambridge University Press

Published: 2016-07-28

Total Pages: 407

ISBN-13: 1107145058

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Legality today commands substantial currency in world affairs, and this volume examines the struggle over its meaning in diverse practices.


The Spirits and the Law

The Spirits and the Law

Author: Kate Ramsey

Publisher: University of Chicago Press

Published: 2014-02-07

Total Pages: 446

ISBN-13: 0226703819

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Vodou has often served as a scapegoat for Haiti’s problems, from political upheavals to natural disasters. This tradition of scapegoating stretches back to the nation’s founding and forms part of a contest over the legitimacy of the religion, both beyond and within Haiti’s borders. The Spirits and the Law examines that vexed history, asking why, from 1835 to 1987, Haiti banned many popular ritual practices. To find out, Kate Ramsey begins with the Haitian Revolution and its aftermath. Fearful of an independent black nation inspiring similar revolts, the United States, France, and the rest of Europe ostracized Haiti. Successive Haitian governments, seeking to counter the image of Haiti as primitive as well as contain popular organization and leadership, outlawed “spells” and, later, “superstitious practices.” While not often strictly enforced, these laws were at times the basis for attacks on Vodou by the Haitian state, the Catholic Church, and occupying U.S. forces. Beyond such offensives, Ramsey argues that in prohibiting practices considered essential for maintaining relations with the spirits, anti-Vodou laws reinforced the political marginalization, social stigmatization, and economic exploitation of the Haitian majority. At the same time, she examines the ways communities across Haiti evaded, subverted, redirected, and shaped enforcement of the laws. Analyzing the long genealogy of anti-Vodou rhetoric, Ramsey thoroughly dissects claims that the religion has impeded Haiti’s development.


Quest for Survival

Quest for Survival

Author: Julius Stone

Publisher:

Published: 1961

Total Pages: 128

ISBN-13:

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No detailed description available for "Quest for Survival".


The Rule of Law and the Separation of Powers

The Rule of Law and the Separation of Powers

Author: Richard Paul Bellamy

Publisher: Routledge

Published: 2005

Total Pages: 0

ISBN-13: 9780754624639

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This collection of eighteen key essays from jurists, political theorists and public law political scientists, explores the role law plays in the political system. The first eleven essays identify the standard features associated with the rule of law. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.


Justice for Some

Justice for Some

Author: Noura Erakat

Publisher: Stanford University Press

Published: 2019-04-23

Total Pages: 405

ISBN-13: 1503608832

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“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents