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Author : BANU.
Publisher : Unknown
Page : 128 pages
File Size : 45,9 Mb
Release : 2024-07-02
Category : Electronic
ISBN : 0191860107
Author : Inge Van Hulle,Randall C.H. Lesaffer
Publisher : BRILL
Page : 242 pages
File Size : 54,6 Mb
Release : 2019-09-16
Category : Law
ISBN : 9789004412088
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.
Author : Roxana Banu
Publisher : Oxford University Press
Page : 352 pages
File Size : 41,5 Mb
Release : 2018-07-19
Category : Law
ISBN : 9780192551740
Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.
Author : Academie de Droit International de la Haye
Publisher : Springer
Page : 400 pages
File Size : 55,6 Mb
Release : 2000-11-29
Category : Law
ISBN : 9041114890
"Professor David McClean proposes in his general course on private international law to examine current features of private international law in the light of their development over the past 50, 100, or 150 years. Professor McClean starts with placing private international law in its historical perspective by presenting the views of a various authors. He then examines personal status. In the third chapter, Professor McClean describes the developments in personal relationships, the changing lifestyles (polygamy, divorce, homosexual partnerships). The fourth chapter is dedicated to business law, and the fifth to contractual matters in a world that has changed considerably over the last century, from steamboats to cyberspace. Chapter VI is dedicated to the law of torts, taking as its starting point an analysis of an American decision arising out of the crash of a large jet aircraft. Chapter VII deals with the impact of changing political structures on the content of private international law (with specific references to the United States, Canada and Australia). In the last three chapters, Professor McClean discusses the role of the judge and of the litigant. Professor McLean's approach of the subject is both theoretical (with many references to Savigny) and based on many practical examples"--Publisher's description.
Author : Arnulf Becker Lorca
Publisher : Cambridge University Press
Page : 421 pages
File Size : 44,7 Mb
Release : 2014
Category : Law
ISBN : 9780521763387
This book explores the historical origins of international law, with a focus on the contributions and participation of non-Western people.
Author : Inge Van Hulle
Publisher : Oxford University Press
Page : 320 pages
File Size : 53,8 Mb
Release : 2020-10-22
Category : Law
ISBN : 9780192642585
Africa often remains neglected in studies that discuss the historical relationship between international law and imperialism during the nineteenth century. When it does feature, focus tends to be on the Scramble for Africa, and the treaties concluded between European powers and African polities in which sovereignty and territory were ceded. Drawing on a wide range of archival material, Inge Van Hulle brings a fresh new perspective to this traditional narrative. She reviews the use and creation of legal instruments that expanded or delineated the boundaries between British jurisdiction and African communities in West Africa, and uncovers the practicality and flexibility with which international legal discourse was employed in imperial contexts. This legal experimentation went beyond treaties of cession, and also encompassed commercial treaties, the abolition of the slave trade, extraterritoriality, and the use of force. The book argues that, by the 1880s, the legal techniques that were fashioned in the language of international law in West Africa had largely developed their own substantive characteristics. Legal ordering was not done in reference to adjudication before Western courts or the writings of Western lawyers, but in reference to what was deemed politically expedient and practically feasible by imperial agents for the preservation of social peace, commercial interaction, and humanitarian agendas.
Author : Ludwig von Bar
Publisher : Unknown
Page : 1222 pages
File Size : 50,6 Mb
Release : 1892
Category : Conflict of laws
ISBN : UOM:35112102627165
Author : VINCENT EDT CHETAIL,Peter Haggenmacher
Publisher : Martinus Nijhoff Publishers
Page : 462 pages
File Size : 55,6 Mb
Release : 2011-05-23
Category : Law
ISBN : 9789004194632
No other scholar has so deeply influenced the development of international law or shaped the doctrinal debates as Vattel. More than 250 years after its publication, his Law of Nations has remained the most frequently quoted treatise of international law. This volume explores the reasons behind the extraordinary authority of Vattel and analyses its continuing relevance for thinking and understanding contemporary international law.
Author : Pamela Slotte,John D. Haskell
Publisher : Cambridge University Press
Page : 535 pages
File Size : 41,9 Mb
Release : 2021-05-20
Category : Law
ISBN : 9781108474559
This volume offers a many-sided introduction to the theme of Christianity and international law. Using a historical and contemporary perspective, it will appeal to readers interested in key topics of international law and how they intersect with Christianity.
Author : Anonim
Publisher : Oxford University Press
Page : 433 pages
File Size : 53,5 Mb
Release : 2024-06-20
Category : Law
ISBN : 9780192858771
Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature.The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law's transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.
Author : Mark Swatek-Evenstein
Publisher : Cambridge University Press
Page : 291 pages
File Size : 48,7 Mb
Release : 2020-02-13
Category : Law
ISBN : 9781107061927
An examination of the historical narratives surrounding humanitarian intervention, presenting an undogmatic, alternative history of human rights protection.
Author : Franco Ferrari,Diego P. Fernández Arroyo
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 40,7 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781789906905
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Author : Annabel Brett
Publisher : Cambridge University Press
Page : 423 pages
File Size : 53,7 Mb
Release : 2021-10-07
Category : History
ISBN : 9781108842464
Juxtaposes standpoints from which disciplines of history, political thought and law conceive and generate political order beyond the state.
Author : Xandra Kramer,Laura Carballo Piñeiro
Publisher : Edward Elgar Publishing
Page : 409 pages
File Size : 42,6 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781800375536
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.
Author : Alex Mills
Publisher : Cambridge University Press
Page : 463 pages
File Size : 46,7 Mb
Release : 2009-07-02
Category : Law
ISBN : 9781139479738
A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.