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Author: Ekaterina Yahyaoui Krivenko
Publisher: Cambridge University Press
Published: 2020-09-17
Total Pages: 215
ISBN-13: 1108488757
DOWNLOAD EBOOKThe first analysis of the influence the concept of space exercised on the emergence and continuing operation of international law.
Author: Ekaterina Yahyaoui Krivenko
Publisher: Cambridge University Press
Published: 2020-09-17
Total Pages: 215
ISBN-13: 1108803164
DOWNLOAD EBOOKThe book offers the first analysis of the influence exercised by the concept of space on the emergence and continuing operation of international law. By adopting a historical perspective and analysing work of two central early modern thinkers – Leibniz and Hobbes – it offers a significant addition to a limited range of resources on early modern history of international law. The book traces links between concepts of space, universality, human cognition, law, and international law in these two early modern thinkers in a comparative fashion. Through this analysis, the book demonstrates the dependency of the contemporary international law on the Hobbesian concept of space. Although some Leibnizian elements continue to operate, they are distorted. This continuing operation of Leibnizian elements is explained by the inability of international law, which is based on the Hobbesian concept of space, to ensure universality of its normative foundation.
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Publisher: Oxford University Press
Published: 2024-04-04
Total Pages: 353
ISBN-13: 0198899432
DOWNLOAD EBOOKThis book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
Author: Lando Kirchmair
Publisher: Cambridge University Press
Published: 2024-03-14
Total Pages: 421
ISBN-13: 1009380168
DOWNLOAD EBOOKIn view of the 'European sovereignty,' Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say.
Author: Chiara Giorgetti
Publisher: Cambridge University Press
Published: 2021-04-29
Total Pages: 279
ISBN-13: 110811766X
DOWNLOAD EBOOKOn a variety of international legal matters, relations between the US and European countries are evolving and even diverging. In an ever-changing world, understanding the reasons for this increasing dichotomy is fundamental and has a profound impact on our understanding of world dynamics and globalization and, ultimately, on our awareness of where the West is going. This interdisciplinary volume proposes new frameworks to understand the differences in approach to international law in the US and Europe. To explain the theoretical and historical underpinnings of the diverging views, the expert essays present new research and develop innovative conclusions. They assess and explore issues such as the idea of sovereignty, constitutional law, the use of force, treaty law and international adjudication. Leading authorities in different disciplines including law and political science, the contributors engage in a new dialogue and develop a new discourse on inter-Atlantic views.
Author: Samantha Besson
Publisher: Cambridge University Press
Published: 2022-09-08
Total Pages: 371
ISBN-13: 1009208543
DOWNLOAD EBOOKThere is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative 'world tour' of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility.
Author: Jean d'Aspremont
Publisher: Cambridge University Press
Published: 2021-10-28
Total Pages: 403
ISBN-13: 110884510X
DOWNLOAD EBOOKExplores the possibilities and limits of the international legal architecture and its expert communities in shaping the world of tomorrow.
Author: Harlan Grant Cohen
Publisher: Cambridge University Press
Published: 2021-04-01
Total Pages: 311
ISBN-13: 131699077X
DOWNLOAD EBOOKThis volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a particular international law topic by drawing from a variety of fields through a multi-method approach to highlight how these fields may come together in a single project. Still others use behavioral insights as a form of critique to highlight the blind spots and related mistakes in more traditional analyses of the law. Throughout this volume, authors present creative, insightful, challenges to traditional international law scholarship.
Author: Brian D. Lepard
Publisher: Cambridge University Press
Published: 2017-02-16
Total Pages:
ISBN-13: 1108107931
DOWNLOAD EBOOKReexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
Author: Ginevra Le Moli
Publisher: Cambridge University Press
Published: 2021-11-25
Total Pages: 433
ISBN-13: 1316517624
DOWNLOAD EBOOKA theoretical, historical and juridical exegesis of human dignity in international law over two centuries.
