Pluralising International Legal Scholarship

Pluralising International Legal Scholarship

Author: Rossana Deplano

Publisher: Edward Elgar Publishing

Published: 2019-12-27

Total Pages: 224

ISBN-13: 1788976371

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This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.


Research Methods in International Law

Research Methods in International Law

Author: Deplano, Rossana

Publisher: Edward Elgar Publishing

Published: 2021-07-31

Total Pages: 544

ISBN-13: 1788972368

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This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.


Designing Indicators for a Plural Legal World

Designing Indicators for a Plural Legal World

Author: Siddharth Peter de Souza

Publisher: Cambridge University Press

Published: 2022-08-31

Total Pages: 289

ISBN-13: 1009276271

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Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.


Legal Scholarship in International and Comparative Law

Legal Scholarship in International and Comparative Law

Author: Thomas Gross

Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften

Published: 2003

Total Pages: 268

ISBN-13:

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The volume contains the contributions to the Gießen-Warwick-Lodz-Colloquium 2002 honouring the 65th birthday of Professor Dr. Günter Weick. Scholars from the United Kingdom, Germany, Poland and Russia deal with contemporary and historical aspects of international and comparative law, covering the fields of civil law, labour law, criminal procedure and constitutional law.


Epistemic Forces in International Law

Epistemic Forces in International Law

Author: Jean d'Aspremont

Publisher: Edward Elgar Publishing

Published: 2015-02-27

Total Pages: 275

ISBN-13: 178195528X

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Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh


The Politics of European Legal Research

The Politics of European Legal Research

Author: Bartl, Marija

Publisher: Edward Elgar Publishing

Published: 2022-04-19

Total Pages: 288

ISBN-13: 180220119X

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Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.


Weaponising Evidence

Weaponising Evidence

Author: Margherita Melillo

Publisher: Cambridge University Press

Published: 2024-02

Total Pages: 323

ISBN-13: 1009354353

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Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia - Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.


Investment Arbitration and State-Driven Reform

Investment Arbitration and State-Driven Reform

Author: Wolfgang Alschner

Publisher: Oxford University Press

Published: 2022-06-21

Total Pages: 353

ISBN-13: 0197644384

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"A textbook summary of how international investment law developed over the past fifty years may go something like this. States signed thousands of largely similar international investment agreements (IIAs) to protect the property of their investors abroad. Most of these IIAs allowed foreign investors to sue host states via investor-state dispute settlement (ISDS) for treaty breaches. ISDS was barely used until the late 1990s. When ISDS claims finally surged, states realized that their treaties offered greater investment protection than intended. States reacted by narrowing the commitments offered in newly concluded agreements. This backlash against investment arbitration resulted in a "new generation" of IIAs that rebalanced investment protection and host state regulatory autonomy"--