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Author: Ignacio de la Rasilla
Publisher: Cambridge University Press
ISBN: 1108606520
Category : Law
Languages : en
Pages : 465
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Book Description
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Author: Ignacio de la Rasilla
Publisher: Cambridge University Press
ISBN: 1108606520
Category : Law
Languages : en
Pages : 465
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Book Description
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Author: Bardo Fassbender
Publisher: Oxford University Press
ISBN: 0199599750
Category : History
Languages : en
Pages : 1269
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Book Description
This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.
Author: Matthew C. R. Craven
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154817
Category : Law
Languages : en
Pages : 264
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Book Description
This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
Author: Ntina Tzouvala
Publisher: Cambridge University Press
ISBN: 1108497187
Category : Law
Languages : en
Pages : 277
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Book Description
Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.
Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1108480942
Category : History
Languages : en
Pages : 395
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Book Description
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
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: R.P. Anand
Publisher: BRILL
ISBN: 9004480285
Category : Law
Languages : en
Pages : 301
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Book Description
Although modern international law is now recognized as universally applicable to all the states as soon as they emerge as independent entities (whether members of the United Nations or not, they are accepted as members of the ever-expanding international society, and are bound by its rules and seek its protection), this is only a recent phenomenon not older than the United Nations itself. Before the Second World War, modern international law was supposed to be merely a law of and for the civilized Western European Christian states, or states of European origin, and applicable only between them. Not only Asian and African states which had come to be colonized, but also the position of independent states, such as Persia, Siam, China, Abyssinia, and the like, was said to be anomalous. Since they belonged to different civilizations, questions were raised as to how far relations with their governments could be based on the rules of international law. If that is the case, when did European international law become universally binding? Can states, which did not, and could not, participate in its origin and development question some of its rules, which are inimical to their interests? How can and does this law change, or be modified, in the absence of any supra-national legislature or other authority? What has been the attitude and practice of these newly independent Asian and African states towards international law, which was largely developed by and for the benefit of the rich and industrialized states of Western Europe and the United States, and even more importantly, their role in its development? The author, an Asian scholar and well-known Professor of International Law, trained and educated in the West, has sought to deal with these and other questions in the nine papers contained in this book.
Author: Ignacio de la Rasilla
Publisher:
ISBN: 9781108562003
Category :
Languages : en
Pages :
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Book Description
Author: Dr. Juan Pablo Scarfi
Publisher: Oxford University Press
ISBN: 0190622369
Category : Law
Languages : en
Pages : 216
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Book Description
International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.
Author: Annalisa Ciampi
Publisher: Edward Elgar Publishing
ISBN: 1788977491
Category : Law
Languages : en
Pages : 232
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Book Description
This incisive book unveils and illuminates the relationship between international law and history, providing examples from a wide range of domains of global governance. With particular reference to international human rights, humanitarian and criminal law, leading scholars and practitioners in international law, history and diplomacy offer original analysis and innovative paradigms of cross-interdisciplinary research in the field.
