International Law S Invisible Frames

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International Law's Invisible Frames

Author : Andrea Bianchi,Moshe Hirsch
Publisher : Oxford University Press
Page : 336 pages
File Size : 43,8 Mb
Release : 2021-09-23
Category : Law
ISBN : 9780192663290

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International Law's Invisible Frames by Andrea Bianchi,Moshe Hirsch Pdf

What is international law, and how does it work? This book argues that our answers to these fundamental questions are shaped by a variety of social cognition and knowledge production processes. These processes act as invisible frames, through which we understand international law. To better conceive the frames within which international law moves and performs, we must understand how psychological and socio-cultural factors affect decision-making in an international legal process. This includes identifying the groups of people and institutions that shape and alter the prevailing discourse in international law, and unearthing the hidden meaning of the various mythologies that populate and influence our normative world. With chapters from leading experts in the discipline, employing insights from sociology, psychology, and behavioural science, this book investigates the mechanisms that allow us to apprehend and intellectually represent the social practice of international law. It unveils the hidden or unnoticed processes by which our understanding of international law is formed, and helps readers to unlearn some of the presuppositions that inform our largely unquestioned beliefs about international law.

Teaching International Law

Author : Jean-Pierre Gauci,Barrie Sander
Publisher : Taylor & Francis
Page : 425 pages
File Size : 48,5 Mb
Release : 2024-06-26
Category : Law
ISBN : 9781040032831

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Teaching International Law by Jean-Pierre Gauci,Barrie Sander Pdf

The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors – including scholars, practitioners, civil society groups, governments, and international organisations. This collection brings together a diversity of scholars and practitioners to share their experiences and critically reflect on current practices of teaching international law across different contexts, traditions, and perspectives to develop existing conversations and spark fresh ones concerning teaching practices within the field of international law. Reflecting on the responsibilities of teachers of international law to engage with and confront histories, contemporary crises, and everyday events in their teaching, the collection explores efforts to decenter the teacher and the law in the classroom, opportunities for dialogical and critical approaches to teaching, and the possibilities of co-producing non-conventional pedagogies that question the mainstream underpinnings of international law teaching. Focusing on the tools and techniques used to teach international law to date, the collection examines the teaching of international law in different contexts. Traversing a range of domestic and regional contexts around the world, the book offers insights into both the culture of teaching in particular domestic settings, aswell as the structural challenges and obstacles that arise in terms of who, what, and how international law is taught in practice. Offering a unique window into the personal experiences of a diversity of scholars and practitioners from around the world, this collection aims to nurture conversations about the responsibilities, approaches, opportunities, and challenges of teaching international law.

The Reasonable Person

Author : Valentin Jeutner
Publisher : Cambridge University Press
Page : 217 pages
File Size : 49,7 Mb
Release : 2024-05-31
Category : Law
ISBN : 9781009445627

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The Reasonable Person by Valentin Jeutner Pdf

The first comprehensive account of the history and function of the common law's reasonable person.

Legal Fictions in International Law

Author : Reece Lewis
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 50,9 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800379145

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Legal Fictions in International Law by Reece Lewis Pdf

This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.

Law, Language and the Courtroom

Author : Stanislaw Gozdz Roszkowski,Gianluca Pontrandolfo
Publisher : Routledge
Page : 247 pages
File Size : 40,6 Mb
Release : 2021-11-25
Category : Language Arts & Disciplines
ISBN : 9781000483864

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Law, Language and the Courtroom by Stanislaw Gozdz Roszkowski,Gianluca Pontrandolfo Pdf

This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.

Weaponising Evidence

Author : Margherita Melillo
Publisher : Cambridge University Press
Page : 323 pages
File Size : 47,8 Mb
Release : 2024-02
Category : Law
ISBN : 9781009354356

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Weaponising Evidence by Margherita Melillo Pdf

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.

After Meaning

Author : d’Aspremont, Jean
Publisher : Edward Elgar Publishing
Page : 168 pages
File Size : 44,5 Mb
Release : 2021-12-09
Category : Law
ISBN : 9781802200928

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After Meaning by d’Aspremont, Jean Pdf

Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.

Law, Legal Expertise and EU Policy-Making

Author : Emilia Korkea-aho,Päivi Leino-Sandberg
Publisher : Cambridge University Press
Page : 337 pages
File Size : 52,8 Mb
Release : 2022-10-31
Category : Law
ISBN : 9781108830126

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Law, Legal Expertise and EU Policy-Making by Emilia Korkea-aho,Päivi Leino-Sandberg Pdf

This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.

Demystifying Treaty Interpretation

Author : Andrea Bianchi,Fuad Zarbiyev
Publisher : Cambridge University Press
Page : 317 pages
File Size : 55,9 Mb
Release : 2024-03-31
Category : Law
ISBN : 9781108477383

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Demystifying Treaty Interpretation by Andrea Bianchi,Fuad Zarbiyev Pdf

Helps the reader better understand what it is that international lawyers do when interpreting a treaty.

Facts in Public Law Adjudication

Author : Joe Tomlinson,Anne Carter
Publisher : Bloomsbury Publishing
Page : 325 pages
File Size : 42,7 Mb
Release : 2023-10-19
Category : Law
ISBN : 9781509957392

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Facts in Public Law Adjudication by Joe Tomlinson,Anne Carter Pdf

This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review - the mechanism through which individuals can challenge governmental action - continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.

Consenting to International Law

Author : Samantha Besson
Publisher : Unknown
Page : 394 pages
File Size : 44,9 Mb
Release : 2023-11-29
Category : Law
ISBN : 9781009406437

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Consenting to International Law by Samantha Besson Pdf

The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions.

Investors’ International Law

Author : Jean Ho,Mavluda Sattorova
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 43,5 Mb
Release : 2021-06-03
Category : Law
ISBN : 9781509937929

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Investors’ International Law by Jean Ho,Mavluda Sattorova Pdf

This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.

Armed Groups and International Law

Author : Katharine Fortin,Ezequiel Heffes
Publisher : Edward Elgar Publishing
Page : 341 pages
File Size : 52,7 Mb
Release : 2023-09-06
Category : Law
ISBN : 9781800888340

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Armed Groups and International Law by Katharine Fortin,Ezequiel Heffes Pdf

Through its careful consideration of the status of armed groups within a complex legal landscape, this insightful volume identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. This title contains one or more Open Access chapters.

The Environment-Conflict Nexus in International Law

Author : Eliana Cusato
Publisher : Cambridge University Press
Page : 307 pages
File Size : 47,8 Mb
Release : 2021-09-16
Category : Law
ISBN : 9781108837521

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The Environment-Conflict Nexus in International Law by Eliana Cusato Pdf

Unpacks key assumptions about the 'environment', its relationship with violent conflict, and the justification for its protection underlying international law.

The Many Lives of Transnational Law

Author : Peer Zumbansen
Publisher : Cambridge University Press
Page : 539 pages
File Size : 50,5 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781108490269

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The Many Lives of Transnational Law by Peer Zumbansen Pdf

Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.