International Law Theories

International Law Theories

Author: Andrea Bianchi

Publisher: Oxford University Press

ISBN: 9780198725114

Category: Law

Page: 337

View: 136

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By providing an overview of the different theoretical approaches to and perspectives on international law, this book takes readers through fourteen of the most important theories of international law, explaining their origins, core components, and the influence they have had.

Theories of Compliance with International Law

Theories of Compliance with International Law

Author: Markus Burgstaller

Publisher: Brill Nijhoff

ISBN: STANFORD:36105063918275

Category: Law

Page: 252

View: 344

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To find the reasons countries comply with international law despite the lack of a coercive power forcing them to do so, Burgstaller (Vienna University School of Law) first considers the influence of changing economic, political and social environments and of contemporary philosophies on compliance theory. He also discusses norms and theories of norm compliance. He approaches his analysis of contemporary compliance theories, such as those by Hanspeter Neuhold, Thomas Franck, Anne-Marie Slaughter and Andrew Moravcsik, by examining the political theory on which each author relies. Burgstaller concludes with an argument for a cosmopolitan communitarianist approach. Nijhoff is an imprint of Brill. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).

The Intersection of International Law and Domestic Law

The Intersection of International Law and Domestic Law

Author: Davíd Thór Björgvinsson

Publisher: Edward Elgar Publishing

ISBN: 9781785361876

Category: Law

Page: 200

View: 325

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What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Research Handbook on the Theory and History of International Law

Research Handbook on the Theory and History of International Law

Author: Alexander Orakhelashvili

Publisher: Edward Elgar Publishing

ISBN: 1788116704

Category:

Page: 512

View: 804

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This updated and revised second edition provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice. With contributions from renowned experts, this Research Handbook explores the essence and development of international legal theory, taking account of the key shifts and advances since the era of classical legal scholarship. Contributors examine several major areas of international law in depth, before transferring their focus to the history of international law from the medieval period up to the present day. Coverage has been expanded to include analysis of the origins of and Eurocentric narratives surrounding the present system, and to discuss significant developments of the 21st century. Scholars and students of international law and politics looking for an in-depth understanding of the current international legal system and its history will find this Research Handbook to be crucial reading. Its theoretical approach will also be of interest to legal theorists, as well as researchers in ethics and philosophy.

Theory of International Law

Theory of International Law

Author: Robert Kolb

Publisher: Bloomsbury Publishing

ISBN: 9781782258834

Category: Law

Page: 512

View: 587

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This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.

Invitation to the Sociology of International Law

Invitation to the Sociology of International Law

Author: Moshe Hirsch

Publisher: Oxford University Press

ISBN: 9780199688111

Category: Law

Page: 241

View: 450

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International legal rules are profoundly embedded in diverse social factors and processes. International law thus often reflects and affects societal factors nationally and internationally. This book exposes some central tenets of the sociological perspective and presents a sociological analysis of significant topics in current international law.

Sources of International Law

Sources of International Law

Author: Martti Koskenniemi

Publisher: Routledge

ISBN: 9781351548168

Category: Law

Page: 904

View: 612

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A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.

International Law Theories

International Law Theories

Author: Andrea Bianchi

Publisher: Oxford University Press

ISBN: 9780191038228

Category: Law

Page: 250

View: 777

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Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

Research Handbook on the Sociology of International Law

Research Handbook on the Sociology of International Law

Author: Moshe Hirsch

Publisher: Edward Elgar Publishing

ISBN: 1839109831

Category:

Page: 464

View: 940

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This innovative Research Handbook explores recent developments at the intersection of international law, sociology and social theory. In doing so, it highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.The diverse body of expert contributors discuss a wide range of methodologies and approaches - including those inspired by the giants of twentieth century social thought, as well as emergent strands such as computational linguistics, performance theory and economic sociology. With chapters exploring topical areas including the globalization of law, economic globalization, property rights, global governance, international legal counsel, social networks, and anthropology, the Research Handbook presents a number of paths for future research in international legal scholarship.Full of original insight, this interdisciplinary Research Handbook will be essential reading for academics and scholars in international law and sociology, as well as postgraduate students. Lawyers practicing in international law will also find this a stimulating read.

Humanness as a Protected Legal Interest of Crimes Against Humanity

Humanness as a Protected Legal Interest of Crimes Against Humanity

Author: Rustam Atadjanov

Publisher: Springer

ISBN: 9789462652996

Category: Law

Page: 324

View: 747

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Central to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of “humanity”. Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of “humanity” left undefined in law. The proposed theory argues that “humanity” should be understood as “humanness” and crimes against humanity should be criminalised because humanness constitutes these crimes’ valid protected interest. This volume in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels. This is the first monograph on crimes against humanity written by an author from the Commonwealth of Independent States (CIS) aimed at an international audience, and should constitute a useful tool for academics, students and practitioners of international law. Rustam Atadjanov, LLB, LLM, Dr.jur., attained his Ph.D. at the University of Hamburg in Germany and is a former Legal Adviser to the Regional Delegation of the International Committee of the Red Cross in Central Asia, Tashkent, Uzbekistan.

General Theory of International Law

General Theory of International Law

Author: Siegfried Wiessner

Publisher: American Classics in Internati

ISBN: 9004338454

Category: Law

Page: 534

View: 113

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This introductory volume to the series of American Classics in International Law is intended to present, put into context, and critically appraise specificallycAmerican general theories of and about international law. Those frameworks of ideas include the very concept of international law, its justification, the struggle between formalism and experience, various theories of legitimacy and fairness, the law's effectiveness, empirical analysis, critiques from the margins and the center, and approaches to its improvement. Particular focus is on American Legal Realism, the New Haven School of Jurisprudence, International and Transnational Legal Process, liberal theories of international law, linkages to social sciences, including Law and Economics, Critical Legal Studies, LatCrit, TWAIL, and feminist approaches to the discipline.

A Landscape of Contemporary Theories of International Law

A Landscape of Contemporary Theories of International Law

Author: Emmanuel Roucounas

Publisher: BRILL

ISBN: 9789004385368

Category: Law

Page: 731

View: 341

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The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.