European International Law Traditions

Author : Peter Hilpold
Publisher : Unknown
Page : 0 pages
File Size : 53,7 Mb
Release : 2021
Category : Electronic
ISBN : 3030520293

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European International Law Traditions by Peter Hilpold Pdf

International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries' approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. Chapter "What Are and to What Avail Do We Study European International Law Traditions?" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author : Peter Stone,Youseph Farah
Publisher : Unknown
Page : 424 pages
File Size : 53,8 Mb
Release : 2017-05-26
Category : Electronic
ISBN : 1788111222

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Research Handbook on EU Private International Law by Peter Stone,Youseph Farah Pdf

The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the Member States. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations. Bringing together perspectives from both civil law and common law traditions, the book mainly considers issues relating to the Brussels I Regulation on civil jurisdiction and judgments, and to the Rome I and II Regulations on choice of law in respect of contractual or non-contractual obligations. Weaknesses in the current law are identified, and suggestions are made for possible improvements. The expert contributors focus on currently relevant problems including some issues which have tended to be neglected.Academics, law students and public officials interested in private international law will find this Handbook to be a valuable resource. Both practising lawyers and commercial lobbyists will also find many useful insights.

Author : José María Beneyto,David Kennedy
Publisher : Springer Science & Business Media
Page : 287 pages
File Size : 53,6 Mb
Release : 2012-09-26
Category : Law
ISBN : 9789067048781

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New Approaches to International Law by José María Beneyto,David Kennedy Pdf

This 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 : Peter Hilpold
Publisher : Springer Nature
Page : 339 pages
File Size : 52,6 Mb
Release : 2020-11-20
Category : Law
ISBN : 9783030520281

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European International Law Traditions by Peter Hilpold Pdf

​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author : Andraž Zidar,Jean-Pierre Gauci
Publisher : BRILL
Page : 408 pages
File Size : 55,9 Mb
Release : 2016-12-01
Category : Law
ISBN : 9789004280304

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The Role of Legal Advisers in International Law by Andraž Zidar,Jean-Pierre Gauci Pdf

In The Role of Legal Advisers in International Law prominent international legal professionals provide a range of original insights on the position of legal advisers and their vital contribution to the development, interpretation and application of international law.

Author : Bardo Fassbender,Anne Peters,Simone Peter,Daniel Högger
Publisher : OUP Oxford
Page : 1272 pages
File Size : 48,7 Mb
Release : 2012-11-01
Category : Law
ISBN : 9780191632525

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The Oxford Handbook of the History of International Law by Bardo Fassbender,Anne Peters,Simone Peter,Daniel Högger Pdf

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.

Author : N. MacCormick
Publisher : Springer Science & Business Media
Page : 148 pages
File Size : 42,7 Mb
Release : 2013-06-29
Category : Law
ISBN : 9789401711524

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Constructing Legal Systems: "European Union" in Legal Theory by N. MacCormick Pdf

Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.

Author : Luigi Nuzzo
Publisher : Unknown
Page : 283 pages
File Size : 50,6 Mb
Release : 2020
Category : Law
ISBN : 886760712X

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Lawyers, Space and Subjects. Historical Perspectives on the Western Legal Tradition by Luigi Nuzzo Pdf

Author : Alexander Orakhelashvili
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 53,9 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788116718

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Research Handbook on the Theory and History of International Law by Alexander Orakhelashvili Pdf

This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.

Author : Björnstjern Baade,Dana Burchardt,Prisca Feihle,Alicia Köppen,Linus Mührel,Lena Riemer,Raphael Schäfer
Publisher : Springer Nature
Page : 369 pages
File Size : 42,5 Mb
Release : 2020-11-28
Category : Law
ISBN : 9783662621288

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Cynical International Law? by Björnstjern Baade,Dana Burchardt,Prisca Feihle,Alicia Köppen,Linus Mührel,Lena Riemer,Raphael Schäfer Pdf

Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.

Author : Mauro Bussani,Ugo Mattei
Publisher : Springer
Page : 248 pages
File Size : 45,8 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105060354623

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The Common Core of European Private Law:Essays on the Project by Mauro Bussani,Ugo Mattei Pdf

Papers originally presented at meetings of the Common Core of European Private Law Project.

Author : Dawid Bunikowski
Publisher : Cambridge Scholars Publishing
Page : 235 pages
File Size : 43,9 Mb
Release : 2017-01-06
Category : Law
ISBN : 9781443862578

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Historical and Philosophical Foundations of European Legal Culture by Dawid Bunikowski Pdf

This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters authored by scholars from across the globe, from Italy to Taiwan. This volume shows that it is possible to speak of one European legal culture in terms of various countries’ common legal origins (Roman law, Greek philosophy, and medieval jurisprudence as the ius commune), while also discussing distinct national legal cultures and traditions in Europe. However, to understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers which were influential in the progress of European law from ancient times to the 19th century. The book not only presents the theoretical and historical issues of European legal culture, but also acquaints the audience with the true axiological foundations of our contemporary legal institutions, and the methods of legal thinking in Europe. It is clear that many of our current legal concepts and institutions come from theorists such as Aristotle, Ulpian, Aquinas, Hobbes and Savigny. The book will be of particular interest to scholars and students of legal history, jurisprudence, and European law, especially in the context of the origins of European legal culture. Moreover, it will also appeal to all lawyers working in both the common law and the civil law traditions wishing to gain a greater understanding of European legal heritage.

Author : Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey
Publisher : Oxford University Press
Page : 1264 pages
File Size : 46,8 Mb
Release : 2018-07-04
Category : Law
ISBN : 9780191088384

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The Oxford Handbook of European Legal History by Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey Pdf

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Author : Marcelo Dias Varella
Publisher : Springer
Page : 343 pages
File Size : 50,6 Mb
Release : 2014-06-17
Category : Law
ISBN : 9783642541636

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Internationalization of Law by Marcelo Dias Varella Pdf

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

Author : Inge Van Hulle,Randall C.H. Lesaffer
Publisher : BRILL
Page : 242 pages
File Size : 55,7 Mb
Release : 2019-09-16
Category : Law
ISBN : 9789004412088

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International Law in the Long Nineteenth Century (1776-1914) by Inge Van Hulle,Randall C.H. Lesaffer Pdf

International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.