international law theories an inquiry into different ways of thinking

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International Law Theories

Author : Andrea Bianchi
ISBN : 9780198725114
Genre : International law
File Size : 73. 36 MB
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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? What's that? Show me some water!"This book is an attempt to stir up "the water" the two fish are swimming in. It analyses the different theoretical approaches to international law and invites readers to engage with legal thinking in order to familiarize ourselves with the water all around us, of which we hardly have any perception.International lawyers and students of international law often find themselves focused on the practice of the law rather than the underlying theory. The main aim of this book is to provide interested scholars, practitioners, graduate, and postgraduate students in international law and otherdisciplines with an introduction to various international legal theories, their genealogies, and critique. By providing an analytical approach to international legal theory, the book encourages readers to sharpen their sensitivity to these different methodologies and to consider how thepresuppositions behind each theory affect analysis, research, and practice in international law. Theories of International Law is intended to assist students, scholars, and practitioners in reflecting more generally how knowledge is formed in the field.

Andreabianchi International Law Theories An Enquiry Into Different Ways Of Thinking Oxford And New York Oxford University Press 2016 320 Pp Hb 75 00 Pb 24 99

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ISBN : OCLC:1051880291
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File Size : 72. 91 MB
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International Law As A Belief System

Author : Jean d'Aspremont
ISBN : 9781108421874
Genre : Law
File Size : 31. 17 MB
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Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?

Feminist Dialogues On International Law

Author : Gina Heathcote
ISBN : 9780191508196
Genre : Law
File Size : 65. 55 MB
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In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict. Contributing to the development of feminist and gender scholarship on international law, Gina Heathcote provides a feminist analysis of the central pillars of international law, noting the advances and limitations of feminist approaches. Through incorporating into mainstream international legal studies specific critical and feminist narratives, this book considers the manner in which feminist thinking has changed international law, and the manner in which international law has remained impervious to key feminist dialogues. It argues for a return to structural bias feminism that engages the foundations of international law and uses gender as a method for challenging post-millennium narratives on fragmentation, the role of international institutions, the nature of legal authority, sovereignty, and the role of international legal experts.

Religious Actors And International Law

Author : Ioana Cismas
ISBN : 9780191021893
Genre : Law
File Size : 42. 65 MB
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This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.

The Doctrine Of The Legal Equality Of States

Author : Pieter Hendrik Kooijmans
ISBN : UOM:39015023093936
Genre : Equality of states
File Size : 60. 92 MB
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Netherlands Yearbook Of International Law 2012

Author : Janne Elisabeth Nijman
ISBN : 9789067049153
Genre : Law
File Size : 25. 82 MB
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The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. With this volume on ‘Legal Equality and the International Rule of Law’, the Netherlands Yearbook of International Law celebrates Pieter Kooijmans’ academic, diplomatic, and judicial career by picking up on an important subject in his early writings, the principle of legal equality of states. This volume studies if and how the principle of legal equality of states is still important in the international legal order of the early 21st century. In particular, this volume examines the principle’s current relevance, e.g., in a pluralistic legal order, its relation to hegemony in international relations and international law, and how it functions in contemporary international organisations. The principle is further explored in the fields of international criminal law, international humanitarian law, and the international law of sovereign immunity.

The Muslim Conception Of International Law And The Western Approach

Author : Mohammad Talaat Ghunaimi
ISBN : 9789401195089
Genre : Law
File Size : 54. 4 MB
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The traditional doctrine of Islamic law in regard to international re lations is well known. The Shari'a includes many excellent provisions about declarations of war, treaties of peace, armistices, diplomatic envoys, negotiations and guarantees of safe conduct. But the fact remains that it divides the world, broadly speaking, into the "Abode of Islam" and the "Abode of 'War," and that it envisages the continu ance of intermittent war between them until the latter is absorbed in the former. In the course of such fighting, and in the intervals in be tween, many civilities were to be meticulously observed; but prisoners of war could be killed, sold or enslaved at the discretion of the Muslim authorities, and the women of those who resisted the advance of Islam could be taken as slave-concubines, regardless of whether they were single or married. The "Abode of Islam" did not, indeed, consist ex clusively of Muslims, for those whose religion was based on a book accepted by Islam as originally inspired and in practice, indeed, those other religions too - were not forced to embrace Islam but only to accept Muslim rule. They were granted the status of dhimmis, were protected in their persons and their property, were allowed to follow their own religion in an unobtrusive fashion, and were accorded the position of essentially second-class citizens. They were also of course, perfectly free to embrace Islam; but for a Muslim to be converted to another faith involved the death penalty.

The Foundations Of International Investment Law

Author : Zachary Douglas
ISBN : 9780191508585
Genre : Law
File Size : 78. 87 MB
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Classics Of International Relations

Author : Henrik Bliddal
ISBN : 9781135018665
Genre : Political Science
File Size : 52. 71 MB
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Classics of International Relations introduces, contextualises and assesses 24 of the most important works on international relations of the last 100 years. Providing an indispensable guide for all students of IR theory, from advanced undergraduates to academic specialists, it asks why are these works considered classics? Is their status deserved? Will it endure? It takes as its starting point Norman Angell’s best-selling The Great Illusion (1909) and concludes with Daniel Deudney’s award winning Bounding Power (2006). The volume does not ignore established classics such as Morgenthau’s Politics Among Nations and Waltz’s Theory of International Politics, but seeks to expand the ‘IR canon’ beyond its core realist and liberal texts. It thus considers emerging classics such as Linklater’s critical sociology of moral boundaries, Men and Citizens in the Theory of International Relations, and Enloe’s pioneering gender analysis, Bananas, Beaches and Bases. It also innovatively considers certain ‘alternative format’ classics such as Kubrick’s satire on the nuclear arms race, Dr Strangelove, and Errol Morris’s powerful documentary on war and US foreign policy, The Fog of War. With an international cast of contributors, many of them leading authorities on their subject, Classics of International Relations will become a standard reference for all those wishing to make sense of a rapidly developing and diversifying field. Classics of International Relations is designed to become a standard reference text for advanced undergraduates, post-graduates and lecturers in the field of IR.

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