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Author: Giulio Bartolini
Publisher: Oxford University Press
ISBN: 0192580779
Category : Law
Languages : en
Pages : 515
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Book Description
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.
Author: Giulio Bartolini
Publisher: Oxford University Press
ISBN: 0192580779
Category : Law
Languages : en
Pages : 515
Get Book Here
Book Description
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.
Author:
Publisher: BRILL
ISBN: 9004461809
Category : Law
Languages : en
Pages : 513
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Book Description
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
Author: Edward James Kolla
Publisher: Cambridge University Press
ISBN: 1107179548
Category : History
Languages : en
Pages : 353
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Book Description
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
Author: Bardo Fassbender
Publisher: OUP Oxford
ISBN: 019163252X
Category : Law
Languages : en
Pages : 1445
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Book Description
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
Author: Stefan Kadelbach
Publisher: Oxford University Press
ISBN: 0198768583
Category : Law
Languages : en
Pages : 545
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Book Description
For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of today's theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas, such as the relationship between universality and particularity, the role of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it appears that the reinvigorated concept of the nation state as an ordering force competes with internationalist thinking, the problems at issue in the classic theories point to contemporary questions: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show that uncovering the history of international law can offer ways in which to envisage its future.
Author: Stephen C. Neff
Publisher: Harvard University Press
ISBN: 0674726545
Category : Law
Languages : en
Pages : 641
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Book Description
Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
Author: Peter Hilpold
Publisher: Springer Nature
ISBN: 3030520285
Category : Law
Languages : en
Pages : 339
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Book Description
International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Author: Massimo V. Benedettelli
Publisher: Kluwer Law International B.V.
ISBN: 9041148280
Category : Law
Languages : en
Pages : 638
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Book Description
Arbitrating cross-border business disputes has been common practice in Italy since centuries. It is no wonder, then, that Italian arbitration law and jurisprudence are ample and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Being Italy the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the main ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions. This book is the first commentary on international arbitration in Italy ever written in English. It is an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large to the extent that it deals with the ‘theory’ of international arbitration and illustrates original solutions offered by Italian arbitration law to various complex issues, such as: the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations; the relationship between the New York Convention and the legal system of the State of the arbitral seat; the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law; the arbitrability of corporate disputes; the extension of arbitration agreements to ‘necessary parties’. Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration. The author, who is full professor of international law, name partner of ArbLit (the first Italian boutique focusing on cross-border dispute settlement) and the current Italian member of the ICC Court of Arbitration, has written the book aiming to combine his academic background with his long-standing experience as counsel and arbitrator.
Author: Mary Ellen O'Connell
Publisher: Oxford University Press
ISBN: 0199831025
Category : Law
Languages : en
Pages : 406
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Book Description
The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.
Author: Alexander Orakhelashvili
Publisher: Edward Elgar Publishing
ISBN: 1788116712
Category : Law
Languages : en
Pages : 511
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Book Description
This updated and revised second edition, with contributions from renowned experts, 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.
