The Law of Nations in Global History

The Law of Nations in Global History

Author: C. H. Alexandrowicz

Publisher: Oxford University Press

Published: 2017-03-31

Total Pages: 760

ISBN-13: 0191078654

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The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.


The Indian Yearbook of Comparative Law 2019

The Indian Yearbook of Comparative Law 2019

Author: Mathew John

Publisher: Springer Nature

Published: 2021-07-28

Total Pages: 371

ISBN-13: 9811621756

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This book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law.


Asian Yearbook of International Law, Volume 9 (2000)

Asian Yearbook of International Law, Volume 9 (2000)

Author: B.S. Chimni

Publisher: BRILL

Published: 2004-09-01

Total Pages: 492

ISBN-13: 9047406214

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The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.


Comparative Law Yearbook of International Business Volume 43

Comparative Law Yearbook of International Business Volume 43

Author: Christian Campbell

Publisher: Kluwer Law International B.V.

Published: 2021-11-11

Total Pages: 195

ISBN-13: 9403535318

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The Comparative Law Yearbook of International Business, published under the auspices of the Center for International Legal Studies, in this 43rd volume spans an arc of timely and challenging concerns for business law practitioners and academics alike. It discusses: how arbitrability of intellectual property rights disputes might improve worldwide IPR enforcement; how the “disregard of legal entity” may be used to establish implied consent by a person or entity that is not a signatory to an arbitration agreement; how an effective cross-border insolvency framework under the Indian insolvency and bankruptcy code can borrow from the UNCITRAL Model Law’s and other jurisdictions’ approaches to the tension between “universality” and “territoriality”; how a promising new mediation act for Pakistan may help resolve a backlog of millions of cases in a jurisdiction with a patchwork of traditional and modern alternative dispute resolution mechanisms; how the European Union seeks to balance the taxation of digital services; how Brazil is addressing the taxation of offshore indirect transfers; how private equity capital structures in the unique market of professional sports create opportunities as well as risks; how Securities Market Regulation theory plays a role in the organization and development of active securities markets, particularly in emerging markets; and how non-signatories can be bound by arbitration agreements in Brazil through “disregard of legal entity” to ascertain implied consent. The authors are practitioners and academics from Brazil, England, France, India, Pakistan, Singapore, the United States and Uzbekistan. They offer a broad and diverse perspective on some of today’s pressing business law issues in a shrinking world.


The Life and Death of States

The Life and Death of States

Author: Natasha Wheatley

Publisher: Princeton University Press

Published: 2023-06-13

Total Pages: 424

ISBN-13: 0691244081

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An intellectual history of sovereignty that reveals how the Habsburg Empire became a crucible for our contemporary world order Sprawled across the heartlands of Europe, the Habsburg Empire resisted all the standard theories of singular sovereignty. The 1848 revolutions sparked decades of heady constitutional experimentation that pushed the very concept of “the state” to its limits. This intricate multinational polity became a hothouse for public law and legal philosophy and spawned ideas that still shape our understanding of the sovereign state today. The Life and Death of States traces the history of sovereignty over one hundred tumultuous years, explaining how a regime of nation-states theoretically equal under international law emerged from the ashes of a dynastic empire. Natasha Wheatley shows how a new sort of experimentation began when the First World War brought the Habsburg Empire crashing down: the making of new states. Habsburg lands then became a laboratory for postimperial sovereignty and a new international order, and the results would echo through global debates about decolonization for decades to come. Wheatley explores how the Central European experience opens a unique perspective on a pivotal legal fiction—the supposed juridical immortality of states. A sweeping work of intellectual history, The Life and Death of States offers a penetrating and original analysis of the relationship between sovereignty and time, illustrating how the many deaths and precarious lives of the region’s states expose the tension between the law’s need for continuity and history’s volatility.


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.


India and International Law

India and International Law

Author: Bimal N. Patel

Publisher: BRILL

Published: 2005-09-01

Total Pages: 391

ISBN-13: 9047415493

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India has been a torchbearer in enhancing the ideals of international law. It has made persistent efforts to, among other things, promote a democratic multilateral legal framework, eliminate global economic inequality, enhance true democratic values and human rights, protect the environment and achieve sustainable development. India and International Law examines how India has attempted to achieve these goals in international relations and what has been therefore its contribution to the codification and progressive development of international law. The work will be a useful reference tool to scholars, academicians and policy-makers who are seeking practical expertise on India’s policy and practical approach to international law. It provides excellent reference to the case laws of the Indian judiciary bearing reference to the implementation of international law at national level and India’s position as of 31 December 2004 on the Multilateral Treaties deposited with the UN Secretary-General.


Caste-based Discrimination in International Human Rights Law

Caste-based Discrimination in International Human Rights Law

Author: David Keane

Publisher: Routledge

Published: 2016-04-08

Total Pages: 322

ISBN-13: 1317169514

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With particular focus on the Hindu caste system, this book represents a comprehensive analysis of the elimination of all forms of racial discrimination in international law. It evaluates the strategies that have informed the work of the United Nations in this area, mapping a new path that moves from standard-setting to implementation. Combining legal analysis with the meaning and origin of caste, it explores the remedies human rights law can propose towards the prohibition of caste-based discrimination, and the abolition of the caste system itself. The book provides a benchmark on the achievements of the international community in combating all forms of racial discrimination, and the policies that must inform future measures. With its clear and accessible style this volume will be of interest to scholars of law and human rights, as well as policy-makers and practitioners working in this area.


Asian Yearbook of International Law, Volume 5 (1995)

Asian Yearbook of International Law, Volume 5 (1995)

Author: Sik Ko Swan

Publisher: BRILL

Published: 2020-01-29

Total Pages: 659

ISBN-13: 9004400648

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The Asian Yearbook of International Law is the first publication dedicated primarily to international law as seen from an Asian perspective. It provides international law articles written by experts from the region and other articles relating to Asian topics. The editorial board, national correspondents, advisory council, and governing board comprise a diverse group of academics and government officials from a wide range of countries and positions. The Asian Yearbook of International Law offers a number of useful features: - articles; - notes; - legal materials (such as the state practice in a number of Asian countries and participation in multilateral treaties); - Asia and international organizations; - chronicle of events for the covered year; - literature (including book reviews and a bibliography); - selected documents (treaties, agreements, and other relevant primary documents); - and an index. Its range of features assures that the Yearbook comprehensively covers the critical events, legislation, and issues of the past year and that users can easily access all of this information. Academics and practitioners who deal with international public law in Asia will appreciate this unique, complete resource. The Asian Yearbook of International Law provides insight into Asian views and practices, especially for non-Asian readers, and also promotes the dissemination of knowledge of international law in Asia. Some of the topics covered in this volume: the right to legal assistance, recent developments in Asian investment treaty expropriation clauses, the law and practice of India on effectuation of international law in the municipal order, and China's ratification of the 1982 UN Convention on the Law of the Sea.