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Author: Anne Orford
Publisher: Cambridge University Press
Published: 2021-08-05
Total Pages: 395
ISBN-13: 1108480942
DOWNLOAD EBOOKExplores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Author: Maren Heidemann
Publisher: Springer
Published: 2018-11-02
Total Pages: 472
ISBN-13: 3319959697
DOWNLOAD EBOOKThis book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
Author: José María Beneyto
Publisher: Springer Science & Business Media
Published: 2012-09-26
Total Pages: 287
ISBN-13: 906704878X
DOWNLOAD EBOOKThis volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.
Author: Anthea Roberts
Publisher: Oxford University Press
Published: 2017
Total Pages: 433
ISBN-13: 0190696419
DOWNLOAD EBOOKThis book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
Author: Guido Calabresi
Publisher: Yale University Press
Published: 2016-01-28
Total Pages: 248
ISBN-13: 0300216262
DOWNLOAD EBOOKIn a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Author: Antônio Augusto Cançado Trindade
Publisher: Martinus Nijhoff Publishers
Published: 2013-06-17
Total Pages: 753
ISBN-13: 9004255079
DOWNLOAD EBOOKThis volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
Author: M. Glennon
Publisher: Springer
Published: 2001-07-31
Total Pages: 254
ISBN-13: 1403982538
DOWNLOAD EBOOKNATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter - but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have surfaced - widened, ironically, by the UN Security Council itself, which has ridden roughshod over the Charter's ban on intervention. Yet nations remain hopelessly divided on what the rules should be. An unplanned geopolitical order has thus emerged - posing serious dilemmas for American policy-makers in a world where intervention will be judged more by wisdom than by law.
Author: Thomas M. Franck
Publisher:
Published: 1990
Total Pages: 314
ISBN-13: 0195061780
DOWNLOAD EBOOKAlthough there is no international government, and no global police agency enforces the rules, nations obey international law. In this provocative study, Franck employs a broad range of historical, legal, sociological, anthropological, political, and philosophical modes of analysis to unravel the mystery of what makes states and people perceive rules as legitimate. Demonstrating that virtually all nations obey most rules nearly all of the time, Franck reveals that the more legitimate laws and institutions appear to be, the greater is their capacity for compliance. Distilling those factors which increase the perception of legitimacy, he shows how a community of rules can be fashioned from a system of sovereign states without creating a global leviathan.
Author: Paul B. Stephan
Publisher:
Published: 2020
Total Pages: 601
ISBN-13: 0197533159
DOWNLOAD EBOOKThis book provides a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law by leading contributors in the field. Reflecting on the recently published Fourth Restatement of the Foreign Relations Law, they review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out that need research and development.
Author: Allen Buchanan
Publisher: OUP Oxford
Published: 2003-08-21
Total Pages: 528
ISBN-13: 0191522465
DOWNLOAD EBOOKThis book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
