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Author: Ben Chiagra
Publisher: Routledge
ISBN: 1351766767
Category : Social Science
Languages : en
Pages : 563
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Book Description
This title was first published in 2001. A discussion of customary international law (CIL). Throughout the study particular values are examined for their potential effect on the legitimacy of the process of custom. The writer argues that, in order to achieve legitimacy enhancing transparency in the process of custom, it must be acknowledged first that the power applied by international tribunals when they inaugurate new norms of customary international law always creates categories of "dominance" and "subservience", "inclusion" and "exclusion". Such an acknowledgement would foster a situation where both the power applied by tribunals and the manner in which it is applied, can legally be scrutinized for excesses that limit first the transparency of the process of custom, and second the legitimacy of norms of customary international law.
Author: Ben Chiagra
Publisher: Routledge
ISBN: 1351766767
Category : Social Science
Languages : en
Pages : 563
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Book Description
This title was first published in 2001. A discussion of customary international law (CIL). Throughout the study particular values are examined for their potential effect on the legitimacy of the process of custom. The writer argues that, in order to achieve legitimacy enhancing transparency in the process of custom, it must be acknowledged first that the power applied by international tribunals when they inaugurate new norms of customary international law always creates categories of "dominance" and "subservience", "inclusion" and "exclusion". Such an acknowledgement would foster a situation where both the power applied by tribunals and the manner in which it is applied, can legally be scrutinized for excesses that limit first the transparency of the process of custom, and second the legitimacy of norms of customary international law.
Author: Ben Chiagra
Publisher: Taylor & Francis
ISBN: 1351766775
Category : Law
Languages : en
Pages : 386
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Book Description
Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Treaties and Declarations -- List of Cases and Incidents -- List of Abbreviations -- Introduction -- 1 Juridification of Custom -- Introduction -- Etymology of Custom -- Custom as a Law-creating Mechanism -- Unpacking Custom's Content -- On the Material Elements of Custom -- Publicists on Custom -- The ILA Committee on Formation of General International Law -- Customary International Law and Obligation -- Conclusion -- 2 International Organisation and Custom: From 1920 to Contemporary Perspectives -- Introduction -- Sovereignty's Temporal Fortunes -- Attribution to the United Nations of Sovereign-like Competencies -- International Human Rights and Custom -- Conclusion -- 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence -- Introduction -- Legitimacy -- Conclusion -- 4 Deconstructionism, Normative Theory and Custom -- Introduction -- Deconstruction -- Customary International Law and Deconstructionist Critique -- Conclusion -- 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case -- Introduction -- The ICJ Inaugurates Customary International Law in the Corfu Channel Case -- The ICJ Premises Custom on Violent Hierarchical Oppositions -- The Corfu Channel Case's Contribution to Understanding of Custom -- Conclusion -- 6 Custom and State Objection to Nascent Norms of Customary Law -- Introduction -- The ICJ Identifies Rules of Customary International Law on the Delimitation of Fisheries Zones -- The Persistent Objector in the Process of Custom -- Conclusion -- 7 Twining Custom with Treaty - North Sea Continental Shelf Cases -- Introduction -- Background -- Positive Law Test of Customary International Law -- Legitimacy Deficit in Custom -- Conclusion -- 8 Conclusions -- Introduction -- Difficulties -- Submissions -- Bibliography
Author: Ben Chigara
Publisher:
ISBN:
Category : Customary law, International
Languages : en
Pages : 363
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Book Description
Author: Fritz W. Scharpf
Publisher: Campus Verlag
ISBN: 9783593391885
Category : Decentralization in government
Languages : en
Pages : 0
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Book Description
Since the mid-1980s, Fritz W Scharpf has been investigating the evolution of the multilevel European polity and its impact on the effectiveness and legitimacy of democratic government in Europe. This title collects Scharpf's nearly two decades of research on government in Europe.
Author: Ben Fine
Publisher: Pluto Press
ISBN: 9780745329963
Category : Social Science
Languages : en
Pages : 304
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Book Description
Tracing the evolution of social capital since his highly acclaimed contribution of 2001 (Social Capital Versus Social Theory), Ben Fine consolidates his position as the world's leading critic of the concept. Fine forcibly demonstrates how social capital has expanded across the social sciences only by degrading the different disciplines and topics that it touches: a McDonaldization of social theory. The rise and fall of social capital at the World Bank is critically explained as is social capital's growing presence in disciplines, such as management studies, and its relative absence in others, such as social history. Writing with a sharp critical edge, Fine not only deconstructs the roller-coaster presence of social capital across the social sciences but also draws out lessons on how (and how not) to do research.
Author: Jamie Davidson
Publisher: Routledge
ISBN: 1134118201
Category : Law
Languages : en
Pages : 398
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Book Description
This important resource provides detailed coverage of the growing significance of adat in Indonesian politics. It identifies its origins, the historical factors that have conditioned it and the reasons behind its recent blossoming.
Author: Linda Tuhiwai Smith
Publisher: Bloomsbury Publishing
ISBN: 1848139527
Category : Social Science
Languages : en
Pages : 256
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Book Description
'A landmark in the process of decolonizing imperial Western knowledge.' Walter Mignolo, Duke University To the colonized, the term 'research' is conflated with European colonialism; the ways in which academic research has been implicated in the throes of imperialism remains a painful memory. This essential volume explores intersections of imperialism and research - specifically, the ways in which imperialism is embedded in disciplines of knowledge and tradition as 'regimes of truth.' Concepts such as 'discovery' and 'claiming' are discussed and an argument presented that the decolonization of research methods will help to reclaim control over indigenous ways of knowing and being. Now in its eagerly awaited second edition, this bestselling book has been substantially revised, with new case-studies and examples and important additions on new indigenous literature, the role of research in indigenous struggles for social justice, which brings this essential volume urgently up-to-date.
Author: Boaventura de Sousa Santos
Publisher: Routledge
ISBN: 1317260341
Category : Political Science
Languages : en
Pages : 285
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Book Description
This book explores the concept of 'cognitive injustice': the failure to recognise the different ways of knowing by which people across the globe run their lives and provide meaning to their existence. Boaventura de Sousa Santos shows why global social justice is not possible without global cognitive justice. Santos argues that Western domination has profoundly marginalised knowledge and wisdom that had been in existence in the global South. She contends that today it is imperative to recover and valorize the epistemological diversity of the world. Epistemologies of the South outlines a new kind of bottom-up cosmopolitanism, in which conviviality, solidarity and life triumph against the logic of market-ridden greed and individualism.
Author: David Couzens Hoy
Publisher: MIT Press
ISBN: 0262582635
Category : Philosophy
Languages : en
Pages : 287
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Book Description
This book serves as both an introduction to the concept of resistance in poststructuralist thought and an original contribution to the continuing philosophical discussion of this topic. How can a body of thought that mistrusts universal principles explain the possibility of critical resistance? Without appeals to abstract norms, how can emancipatory resistance be distinguished from domination? Can there be a poststructuralist ethics? David Hoy explores these crucial questions through lucid readings of Nietzsche, Foucault, Bourdieu, Derrida, and others. He traces the genealogy of resistance from Nietzsche's break with the Cartesian concept of consciousness to Foucault's and Bourdieu's theories of how subjects are formed through embodied social practices. He also considers Levinas, Heidegger, and Derrida on the sources of ethical resistance. Finally, in light of current social theory from Judith Butler to Slavoj Zizek, he challenges "poststructuralism" as a category and suggests the term "post-critique" as a more accurate description of contemporary Continental philosophy. Hoy is a leading American scholar of poststructuralism. Critical Resistance is the only book in English that deals substantively with the topical concept of resistance in relation to poststructuralist thought, discussions of which have dominated Continental social thought for many years.
Author: Max Horkheimer
Publisher:
ISBN:
Category : Philosophy
Languages : en
Pages : 290
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Book Description
