Reimagining The International Legal Order

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Reimagining the International Legal Order

Vesselin Popovski,Ankit Malhotra
Reimagining the International Legal Order Book PDF

Author : Vesselin Popovski,Ankit Malhotra
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 2023
Category : International law
ISBN : 1032483806

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Reimagining the International Legal Order by Vesselin Popovski,Ankit Malhotra Pdf

"International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Even legal scholars often do not dare to challenge the status quo, to suggest adopting new and even amending current laws, advocating just to focus on the implementation of what already exists. This collection stands different. It shares the authors' discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous re-imagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations"--

Reimagining the International Legal Order

Vesselin Popovski,Ankit Malhotra
Reimagining the International Legal Order Book PDF

Author : Vesselin Popovski,Ankit Malhotra
Publisher : Taylor & Francis
Page : 365 pages
File Size : 40,7 Mb
Release : 2023-07-24
Category : Law
ISBN : 9781000915372

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Reimagining the International Legal Order by Vesselin Popovski,Ankit Malhotra Pdf

International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.

Reimagining Child Soldiers in International Law and Policy

Mark A. Drumbl
Reimagining Child Soldiers in International Law and Policy Book PDF

Author : Mark A. Drumbl
Publisher : Oxford University Press
Page : 254 pages
File Size : 47,5 Mb
Release : 2012-01-26
Category : History
ISBN : 9780199592654

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Reimagining Child Soldiers in International Law and Policy by Mark A. Drumbl Pdf

Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.

The International Legal Order

Ingrid Detter Delupis
The International Legal Order Book PDF

Author : Ingrid Detter Delupis
Publisher : Dartmouth Publishing Company
Page : 622 pages
File Size : 54,9 Mb
Release : 1994
Category : International law
ISBN : STANFORD:36105060946204

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The International Legal Order by Ingrid Detter Delupis Pdf

This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.

World Trade Law after Neoliberalism

Andrew Lang
World Trade Law after Neoliberalism Book PDF

Author : Andrew Lang
Publisher : OUP Oxford
Page : 416 pages
File Size : 49,5 Mb
Release : 2013-01-17
Category : Law
ISBN : 9780191656149

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World Trade Law after Neoliberalism by Andrew Lang Pdf

The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.

Informed Publics, Media and International Law

Daniel Joyce
Informed Publics Media and International Law Book PDF

Author : Daniel Joyce
Publisher : Bloomsbury Publishing
Page : 192 pages
File Size : 40,7 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509930425

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Informed Publics, Media and International Law by Daniel Joyce Pdf

This book considers the significance of informed publics from the perspective of international law. It does so by analysing international media law frameworks and the 'mediatization' of international law in institutional settings. This approach exposes the complexity of the interrelationship between international law and the media, but also points to the dangers involved in international law's associated and increasing reliance upon the mediated techniques of communicative capitalism – such as publicity – premised upon an informed international public whose existence many now question. The book explores the ways in which traditional regulatory and analytical categories are increasingly challenged - revealed as inadequate or bypassed - but also assesses their resilience and future utility in light of significant technological change and concerns about fake news, the rise of big data and algorithmic accountability. Furthermore, it contends that analysing the imbrication of media and international law in the current digital transition is necessary to understand the nature of the problems a system such as international law faces without sufficiently informed publics. The book argues that international law depends on informed global publics to function and to address the complex global problems which we face. This draws into view the role media plays in relation to international law, but also the role of international law in regulating the media, and reveals the communicative character of international law.

The Right Relationship

John Borrows,Michael Coyle
The Right Relationship Book PDF

Author : John Borrows,Michael Coyle
Publisher : University of Toronto Press
Page : 439 pages
File Size : 53,6 Mb
Release : 2017-01-01
Category : Political Science
ISBN : 9781442630215

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The Right Relationship by John Borrows,Michael Coyle Pdf

In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.

Transnational Legal Orders

Terence C. Halliday,Gregory Shaffer
Transnational Legal Orders Book PDF

Author : Terence C. Halliday,Gregory Shaffer
Publisher : Cambridge University Press
Page : 559 pages
File Size : 52,5 Mb
Release : 2015-01-19
Category : Law
ISBN : 9781107069923

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Transnational Legal Orders by Terence C. Halliday,Gregory Shaffer Pdf

"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

The International Court of Justice and the Judicial Function

Gleider I Hernández
The International Court of Justice and the Judicial Function Book PDF

Author : Gleider I Hernández
Publisher : OUP Oxford
Page : 368 pages
File Size : 51,5 Mb
Release : 2014-05-29
Category : Law
ISBN : 9780191502569

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The International Court of Justice and the Judicial Function by Gleider I Hernández Pdf

This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

Public Procurement and Labour Rights

Maria Anna Corvaglia
Public Procurement and Labour Rights Book PDF

Author : Maria Anna Corvaglia
Publisher : Bloomsbury Publishing
Page : 255 pages
File Size : 46,9 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781782259046

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Public Procurement and Labour Rights by Maria Anna Corvaglia Pdf

This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, the book studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. This work offers an innovative comparative approach, discussing the ways in which the different international instruments-namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law and the World Bank's Procurement Framework-are able to implement labour and social purposes and, at the same time, ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous and timely, this will be important reading for international trade lawyers and procurement practitioners.

The Project of Positivism in International Law

Mónica García-Salmones Rovira
The Project of Positivism in International Law Book PDF

Author : Mónica García-Salmones Rovira
Publisher : OUP Oxford
Page : 442 pages
File Size : 40,5 Mb
Release : 2013-11-28
Category : Law
ISBN : 9780191508318

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The Project of Positivism in International Law by Mónica García-Salmones Rovira Pdf

International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities. The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.

Capitalism As Civilisation

Ntina Tzouvala
Capitalism As Civilisation Book PDF

Author : Ntina Tzouvala
Publisher : Cambridge University Press
Page : 277 pages
File Size : 54,9 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781108497183

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Capitalism As Civilisation by Ntina Tzouvala Pdf

Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.

Avoiding Extinction: Reimagining Legal Services for the 21St Century

Mitchell Kowalski
Avoiding Extinction Reimagining Legal Services for the 21St Century Book PDF

Author : Mitchell Kowalski
Publisher : iUniverse
Page : 152 pages
File Size : 52,8 Mb
Release : 2016-04-21
Category : Law
ISBN : 9781491793169

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Avoiding Extinction: Reimagining Legal Services for the 21St Century by Mitchell Kowalski Pdf

“Mitch Kowalski has translated his considerable understanding of tomorrow’s legal profession into an original, provocative and entertaining narrative.” —Professor Richard Susskind, author of The End of Lawyers? “This is the most innovative law practice management book I’ve ever seen. Mitch has deftly combined an engaging novel about the lives of working lawyers with an illuminating treatise on how law firms must respond to extraordinary change in the legal marketplace. Avoiding Extinction is as entertaining as it is instructive -- and it couldn’t be more timely.” —Jordan Furlong, Partner, Edge International “This is a must read for managing partners, and for all lawyers under the age of 50. Written as a parable, once you pick it up it’s difficult to put down. And it literally screams relevance to the lives of those lawyers today who worry about the sustainability of the current model of legal practice. Big firm or small. City or rural – no matter, this book is for you. Can the law be both a profession and a business? Is it possible to escape the tyranny of the billable hour? Is it realistic to imagine being a truly happy lawyer in private practice in the twenty-first century? You bet – and Mitch Kowalski shows us how! —Ian Holloway QC, Dean of Law, The University of Calgary “Avoiding Extinction is the most original, far-thinking and innovative book on transforming the way that law is practised that I have ever read. Mitch has taken the traditional law firm and turned it upside down. In the process he has reworked the law firm model and given us an insight into how a firm could be structured and run. If you are looking for a creative vision into what a new, truly different law firm could look like, then this book is manna from heaven.” —David J. Bilinsky, Practice Management Advisor, lawyer and writer on law practice management and technology. Creator of the law blog, Thoughtful Legal Management.

What if we could reimagine copyright?

Rebecca Giblin,Kimberlee Weatherall
What if we could reimagine copyright Book PDF

Author : Rebecca Giblin,Kimberlee Weatherall
Publisher : ANU Press
Page : 344 pages
File Size : 41,6 Mb
Release : 2017-01-09
Category : Law
ISBN : 9781760460815

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What if we could reimagine copyright? by Rebecca Giblin,Kimberlee Weatherall Pdf

What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we keep? In short, what might a copyright system designed to further the public interest in the current legal and sociological environment actually look like? Taking this thought experiment as their starting point, the leading international thinkers represented in this collection reconsider copyright’s fundamental questions: the subject matter that should be protected, the ideal scope and duration of those rights, and how it should be enforced. Tackling the biggest challenges affecting the current law, their essays provocatively explore how the law could better secure to creators the fruits of their labours, ensure better outcomes for the world’s more marginalised populations and solve orphan works. And while the result is a collection of impossible ideas, it also tells us much about what copyright could be – and what prescriptive treaty obligations currently force us to give up. The book shows that, reimagined, copyright could serve creators and the broader public far better than it currently does – and exposes intriguing new directions for achievable reform.

The Many Paths of Change in International Law

Ezgi Yildiz
The Many Paths of Change in International Law Book PDF

Author : Ezgi Yildiz
Publisher : Oxford University Press
Page : 401 pages
File Size : 47,8 Mb
Release : 2024-02-16
Category : Law
ISBN : 9780198877844

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The Many Paths of Change in International Law by Ezgi Yildiz Pdf

How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.