The Law of Nations in Early American Foreign Policy
The Law of Nations in Early American Foreign Policy

Author: Willem Theo Oosterveld

Publisher: BRILL

Published: 2016-01-12

Total Pages: 373

ISBN-13: 9004305688

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In The Law of Nations in Early American Foreign Policy, Willem Theo Oosterveld provides the first general study of international law as interpreted and applied by the generation of the Founding Fathers. A mostly neglected aspect in the historiography of the early republic, this study argues that international law was in fact an integral part of the Revolutionary creed. Taking the reader from colonial debates about the law of nations to the discussions about slavery in the early 19th century, this study shows the zest of the Founders to conduct foreign policy on the basis of treatises such as Vattel’s The Law of Nations. But it also highlights the deep ambiguities and sometimes personal struggles that arose when applying international law.

A Genealogy of Public Security
A Genealogy of Public Security

Author: Giuseppe Campesi

Publisher: Routledge

Published: 2016-05-20

Total Pages: 249

ISBN-13: 1317484541

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There are many histories of the police as a law-enforcement institution, but no genealogy of the police as a form of power. This book provides a genealogy of modern police by tracing the evolution of "police science" and of police institutions in Europe, from the ancien régime to the early 19th century. Drawing on the theoretical path outlined by Michel Foucault at the crossroads between historical sociology, critical legal theory and critical criminology, it shows how the development of police power was an integral part of the birth of the modern state’s governmental rationalities and how police institutions were conceived as political technologies for the government and social disciplining of populations. Understanding the modern police not as an institution at the service of the judiciary and the law, but as a complex political technology for governing the economic and social processes typical of modern capitalist societies, this book shows how the police have played an active role in actually shaping order, rather than merely preserving it.

The History of Law in Europe
The History of Law in Europe

Author: Bart Wauters

Publisher: Edward Elgar Publishing

Published: 2017-04-28

Total Pages: 293

ISBN-13: 1786430762

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Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

The Use of Force in International Law
The Use of Force in International Law

Author: Tarcisio Gazzini

Publisher: Routledge

Published: 2017-07-05

Total Pages: 649

ISBN-13: 1351539779

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This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.

Good Faith in International Law
Good Faith in International Law

Author: Robert Kolb

Publisher: Bloomsbury Publishing

Published: 2017-07-13

Total Pages: 279

ISBN-13: 1509914064

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There is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order. In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, Kolb aims to map the true points of gravity of the principle of good faith in the international legal order. In so doing, he illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold.

The New Global Law
The New Global Law

Author: Rafael Domingo

Publisher: Cambridge University Press

Published: 2010-02-26

Total Pages: 241

ISBN-13: 1139485946

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The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.