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Whiggish International Law by Christopher R. Rossi Pdf
Christopher Rossi’s Whiggish International Law refreshes English School and Cambridge contextualist concerns for historical abridgment as jurists and scholars revive complexities and discussions of international law’s turbulent history in the Americas.
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.
Author : Eric A. Posner Publisher : University of Chicago Press Page : 286 pages File Size : 51,6 Mb Release : 2009-10-15 Category : Political Science ISBN : 9780226675923
The Perils of Global Legalism by Eric A. Posner Pdf
The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.
The Power of Language in the Making of International Law by Stephane Beaulac Pdf
It is in the intellectual context of the new possibility of philosophy, and the great new challenge facing philosophy, that I place Stéphane Beaulac’s important book. His work takes advantage, in particular, of several of the hard-earned lessons of twentieth-century philosophy and social experience. From the Foreword.
Author : Jack L. Goldsmith,Eric A. Posner Publisher : Oxford University Press Page : 272 pages File Size : 47,5 Mb Release : 2005-02-03 Category : Law ISBN : 9780199883370
The Limits of International Law by Jack L. Goldsmith,Eric A. Posner Pdf
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
A History of International Law in Italy by Giulio Bartolini Pdf
This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts. Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective. This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.
Several ofthe themes of this study have been treated in earlier publica tions, some by means of a general analysis and some through a detailed handling of problems raised by a particular theme or historian. Both the more general theoretical treatment of the theme and the concrete historiographical treatment are, I think, indispensable aids to the proper understanding of the development of historical scholarship in nineteenth-and twentieth-century England. There are a number of problems in a concrete historiographical approach: there is first the mass of historians to be faced, and then the immense amount of historical themes dealt with in various periods. As a guideline through the tangle of themes we chose the historiography on the development of the English parliament. We can only hope that we have made a responsible choice of the historians concerned. Un fortunately it was not always possible for us to give extensive biogra phies of some of the more recent historians, as several 'papers' are still firmly in the possession of families, and a number of them mus- despite of years - still be labelled 'confidential.' The Pollard Papers in the London Institute of Historical Research thus remained inaccessible. Fortunately the lack was partly compen sated by some important material being found apart from these Papers.
Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 35 (2022) by Anonim Pdf
The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague. This Special Issue of Yearbook stems from a conference organised by the Maastricht University Study Group for Critical Approaches to International Law in April 2022. The conference, entitled 'Deconstructing International Law,' invited participants to reflect on and dismantle some of the foundational ideas of international law.
This collection of essays shifts the focus of scholarly debate away from the themes that have traditionally dominated the study of Edmund Burke. In the past, largely ideology-based or highly textual studies have tended to paint Burke as a "prophet" or "precursor" of movements as diverse as conservatism, political pragmatism, and romanticism. In contrast, these essays address prominent issues in contemporary society--multiculturalism, the impact of postmodern and relativist methodologies, the boundaries of state-church relationships, and religious tolerance in modern societies--by emphasizing Burke's earlier career and writings and focusing on his position on historiography, moral philosophy, jurisprudence, aesthetics, and philosophical skepticism. The essays in this collection, written by some of today's most renowned Burke scholars, will radically challenge our deeply rooted assumptions about Burke, his thought, and his place in the history of Western political philosophy.
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
The Rise and Fall of the American Whig Party by Michael F. Holt Pdf
Here, Michael F. Holt gives us the only comprehensive history of the Whigs ever written. He offers a panoramic account of the tumultuous antebellum period, a time when a flurry of parties and larger-than-life politicians--Andrew Jackson, John C. Calhoun, Martin Van Buren, and Henry Clay--struggled for control as the U.S. inched towards secession. It was an era when Americans were passionately involved in politics, when local concerns drove national policy, and when momentous political events--like the Annexation of Texas and the Kansas-Nebraska Act--rocked the country. Amid this contentious political activity, the Whig Party continuously strove to unite North and South, emerging as the nation's last great hope to prevent secession.
The Right to Exclude by Justin Desautels-Stein Pdf
In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.
The United Nations and the Question of Palestine by Ardi Imseis Pdf
Contrary to conventional wisdom, there has been a continuing though vacillating gulf between the requirements of international law and the UN on the question of Palestine. This book explores the UN's management of the longest-running problem on its agenda, critically assessing tensions between the organization's position and international law. What forms has the UN's failure to respect international law taken, and with what implications? The author critically interrogates the received wisdom regarding the UN's fealty to the international rule of law, in favour of what is described as an international rule by law. This book demonstrates that through the actions of the UN, Palestine and its people have been committed to a state of what the author calls 'international legal subalternity', according to which the promise of justice through international law is repeatedly proffered under a cloak of political legitimacy furnished by the international community, but its realization is interminably withheld.