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Author : B. S. Chimni
Publisher : Unknown
Page : 326 pages
File Size : 55,5 Mb
Release : 1993
Category : International law
ISBN : STANFORD:36105060052318
Author : Rune Svarverud
Publisher : BRILL
Page : 333 pages
File Size : 55,5 Mb
Release : 2007
Category : Social Science
ISBN : 9789004160194
The topic of this book is the early introduction and reception of international law in China. International law is studied as part of the introduction of the Western sciences and as a theoretical orientation in international affairs 1847-1911.
Author : Chenxi Tang
Publisher : Cornell University Press
Page : 356 pages
File Size : 51,9 Mb
Release : 2018-12-15
Category : History
ISBN : 9781501716935
In early modern Europe, international law emerged as a means of governing relations between rapidly consolidating sovereign states, purporting to establish a normative order for the perilous international world. However, it was intrinsically fragile and uncertain, for sovereign states had no acknowledged common authority that would create, change, apply, and enforce legal norms. In Imagining World Order, Chenxi Tang shows that international world order was as much a literary as a legal matter. To begin with, the poetic imagination contributed to the making of international law. As the discourse of international law coalesced, literary works from romances and tragedies to novels responded to its unfulfilled ambitions and inexorable failures, occasionally affirming it, often contesting it, always uncovering its problems and rehearsing imaginary solutions. Tang highlights the various modes in which literary texts—some highly canonical (Camões, Shakespeare, Corneille, Lohenstein, and Defoe, among many others), some largely forgotten yet worth rediscovering—engaged with legal thinking in the period from the sixteenth to the eighteenth century. In tracing such engagements, he offers a dual history of international law and European literature. As legal history, the book approaches the development of international law in this period—its so-called classical age—in terms of literary imagination. As literary history, Tang recounts how literature confronted the question of international world order and how, in the process, a set of literary forms common to major European languages (epic, tragedy, romance, novel) evolved.
Author : Antony Anghie,Bhupinder Chimni,Karin Mickelson,Obiora C. Okafor
Publisher : BRILL
Page : 200 pages
File Size : 52,7 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004479869
This collection of essays explores different dimensions of the relationship between the third world and international law. The topics covered include third world approaches to international law, non-state actors and developing countries, feminism and the third world, foreign investment, resistance and international law, and territorial disputes and native peoples. It is a further contribution to the work done by scholars intent on elaborating what might be termed Third World Approaches to International Law (TWAIL). This initiative seeks to continue and further develop the important work that has been done over many decades, particularly by scholars and jurists from the third world, to construct an international law which is sensitive to the needs of third world peoples. This body of scholarship has attempted to extend and expand the concerns and materials of international law. The essays in this volume are animated by these same motives at a time when unprecedented issues confront third world peoples, particularly since the contemporary international system appears to be disempowering third world peoples, intensifying inequality between the North and the South, and indeed, importantly, within the North and the South. TWAIL scholars attempt to look afresh at the history of colonial international law, engage previous trends in third world scholarship in international law, take cognizance of the dramatic changes which have characterized the body of international law in the last few decades from the perspective of third world peoples, record their resistance to unjust and oppressive international laws, and advance new approaches that address their needs and concerns. These are the broad themes and concerns which animate this collection of essays.
Author : B. S. Chimni
Publisher : Cambridge University Press
Page : 649 pages
File Size : 47,5 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781108210287
In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law (IMAIL), combining the insights of Marxism, socialist feminism, and postcolonial theory. The book uses this approach to systematically and critically examine the most influential contemporary theories of international law, including new, feminist, realist, and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure, and process of international law. The book also considers crucial world order issues and problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis, and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics, and global studies.
Author : Lakshman D. Guruswamy
Publisher : West Academic Publishing
Page : 1406 pages
File Size : 49,8 Mb
Release : 1999
Category : Environmental law, International
ISBN : STANFORD:36105134467013
While both the ?environmental? and ?international? dimensions of law school inquiry continue to flourish, a distinct offering in ?international environmental law? is becoming prevalent. This coursebook begins with a relatively detailed exploration of the key doctrines, principles, and rules of ?international law,? without which it is impossible to understand or apply ?international environmental law.' It summarizes the applicability of state responsibility to environmental wrongs and presents a series of hypothetical problems bearing fact patterns that mirror the ?real world.' Coursebook presents a simulated negotiation of a fictional draft protocol to the UN Framework Convention on Climate Change.
Author : Peter G. Staubach
Publisher : Routledge
Page : 234 pages
File Size : 53,9 Mb
Release : 2018-04-17
Category : Law
ISBN : 9781351207294
This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.
Author : B. S. Chimni
Publisher : Cambridge University Press
Page : 649 pages
File Size : 50,6 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781107065260
This book offers a critique of the principal contemporary approaches to international law alongside its own novel perspectives.
Author : W.M. Reisman
Publisher : Martinus Nijhoff Publishers
Page : 503 pages
File Size : 53,7 Mb
Release : 2013-02-18
Category : Law
ISBN : 9789004236165
International law’s archipelago is composed of legal “islands”, which are highly organized, and “offshore” zones, manifesting a much lower degree of legal organization. Each requires a different mode of decisionmaking, each further complicated by the stress of radical change. This General Course is concerned, first, with understanding and assessing the aggregate performance of the world constitutive process, in present and projected constructs; second, with providing the intellectual tools that can enable those involved in making decisions to be more effective, whether they are operating in islands or offshore; and, third, with inquiring into ways the international legal system might be improved. Reisman identifies the individual as the ultimate actor in international law and explores the dilemmas of meaningful individual commitment to a world order of human dignity amidst interlocking communities and overlapping loyalties.
Author : Anthea Roberts
Publisher : Oxford University Press
Page : 433 pages
File Size : 45,5 Mb
Release : 2017
Category : Law
ISBN : 9780190696412
This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Author : Richard Falk,Balakrishnan Rajagopal,Jacqueline Stevens
Publisher : Routledge
Page : 498 pages
File Size : 50,9 Mb
Release : 2008-03-31
Category : Law
ISBN : 9781134070244
This volume is devoted to critically exploring the past, present and future relevance of international law to the priorities of the countries, peoples and regions of the South. Within the limits of space it has tried to be comprehensive in scope and representative in perspective and participation. The contributions are grouped into three clusters to give some sense of coherence to the overall theme: articles by Baxi, Anghie, Falk, Stevens and Rajagopal on general issues bearing on the interplay between international law and world order; articles highlighting regional experience by An-Na’im, Okafor, Obregon and Shalakany; and articles on substantive perspectives by Mgbeoji, Nesiah, Said, Elver, King-Irani, Chinkin, Charlesworth and Gathii. This collective effort gives an illuminating account of the unifying themes, while at the same time exhibiting the wide diversity of concerns and approaches.
Author : Burns H. Weston,Richard A. Falk,Hilary Charlesworth
Publisher : Unknown
Page : 1512 pages
File Size : 40,5 Mb
Release : 2006
Category : International law
ISBN : 0314252436
Author : Douglas Howland
Publisher : Springer
Page : 232 pages
File Size : 53,8 Mb
Release : 2016-11-15
Category : Political Science
ISBN : 9781137567772
How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.
Author : William Thomas Mallison,Sally V. Mallison
Publisher : Longman Publishing Group
Page : 590 pages
File Size : 49,8 Mb
Release : 1986
Category : History
ISBN : UOM:39015012173103
Author : James Crawford
Publisher : BRILL
Page : 537 pages
File Size : 40,9 Mb
Release : 2014-04-29
Category : Law
ISBN : 9789004268098
Also available as an e-book Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called ? In what respects is it systematic ? Does it — can it — respect the rule of law ? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.