epistemic forces in international law foundational doctrines and techniques of international legal argumentation

Download Book Epistemic Forces In International Law Foundational Doctrines And Techniques Of International Legal Argumentation in PDF format. You can Read Online Epistemic Forces In International Law Foundational Doctrines And Techniques Of International Legal Argumentation here in PDF, EPUB, Mobi or Docx formats.

Epistemic Forces In International Law

Author : Jean d'Aspremont
ISBN : 9781781955284
Genre : Law
File Size : 83. 5 MB
Format : PDF
Download : 272
Read : 632

Download Now


Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh

International Law As A Belief System

Author : Jean d'Aspremont
ISBN : 9781108389969
Genre : Law
File Size : 50. 50 MB
Format : PDF, Docs
Download : 438
Read : 522

Download Now


International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (e.g. sources, responsibility, statehood, personality, interpretation and jus cogens etc.) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners.

International Law As A Profession

Author : Jean d'Aspremont
ISBN : 9781107140394
Genre : Law
File Size : 65. 4 MB
Format : PDF, ePub
Download : 565
Read : 321

Download Now


"International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may in different contexts play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveal a bilateral process whereby, on the one hand, the professionalization of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalization of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law"--

From Apology To Utopia

Author : Martti Koskenniemi
ISBN : 9781139447645
Genre : Law
File Size : 72. 79 MB
Format : PDF, ePub
Download : 724
Read : 471

Download Now


This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.

New Approaches To International Law

Author : José María Beneyto
ISBN : 9789067048781
Genre : Law
File Size : 44. 86 MB
Format : PDF, ePub, Mobi
Download : 314
Read : 963

Download Now


This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.

Realizing Utopia

Author : Antonio Cassese
ISBN : 9780191627712
Genre : Law
File Size : 51. 43 MB
Format : PDF, Mobi
Download : 890
Read : 1257

Download Now


Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

Responsible Business

Author : Olaf Dilling
ISBN : 9781847314406
Genre : Law
File Size : 46. 18 MB
Format : PDF, Mobi
Download : 780
Read : 728

Download Now


With the globalisation of markets, the phenomenon of market failure has also been globalised. Against the backdrop of the territoriality of nation state jurisdictions and the slow progress of international law based on the principle of sovereignty this poses a serious challenge. However while the legal infrastructure of globalised markets has a firm basis in formal national and international law, the side effects of economic transactions on public goods such as the environment, human health and consumer interests often escape state-based regulation. Therefore, attention is drawn to the potential of self-regulation by transnational industry. While hypotheses abound which try to grasp this phenomenon in conceptual terms, both empirical and legal research is still underdeveloped. This volume helps to fill this gap, in two ways: firstly by reconstructing self-regulatory settings such as multinational corporations, transnational production networks and industry-NGO partnerships in terms of organisation, problem-solving and legitimation, and secondly, by linking their empirical findings to formal law by examining how legal concepts are reflected in self-regulation, how the law builds on self-regulatory solutions, and how it helps to establish favorable conditions for private governance.

Intimations Of Global Law

Author : Neil Walker
ISBN : 9781107091627
Genre : Law
File Size : 69. 79 MB
Format : PDF
Download : 836
Read : 934

Download Now


"This is a book about how we might fruitfully think about global law. Few terms are more topical in the transnational legal literature. Yet there has been little serious discussion - and little agreement where there has been discussion - on what is meant by 'global law', if, indeed, it means anything of note at all. In what follows, I suggest that we can nonetheless arrive at a core sense of global law as an emergent idea and practice"--

Point Of Attack

Author : John Yoo
ISBN : 9780199347766
Genre : Law
File Size : 76. 9 MB
Format : PDF, Mobi
Download : 694
Read : 451

Download Now


The world today is overwhelmed by wars between nations and within nations, wars that have dominated American politics for quite some time. Point of Attack calls for a new understanding of the grounds for war. In this book John Yoo argues that the new threats to international security come not from war between the great powers, but from the internal collapse of states, terrorist groups, the spread of weapons of mass destruction, and destabilizing regional powers. In Point of Attack he rejects the widely-accepted framework built on the U.N. Charter and replaces it with a new system consisting of defensive, pre-emptive, or preventive measures to encourage wars that advance global welfare. Yoo concludes with an analysis of the Afghanistan and Iraq wars, failed states, and the current challenges posed by Libya, Syria, North Korea, and Iran.

Philosophy Of International Law

Author : Anthony Carty
ISBN : 9780748675524
Genre : Law
File Size : 49. 37 MB
Format : PDF
Download : 775
Read : 1166

Download Now


Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society

Top Download:

Best Books