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Author: Chin Leng Lim
Publisher: BRILL
ISBN: 9004696164
Category : Law
Languages : en
Pages : 288
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Book Description
Criticism of colonial justifications has been familiar since the age of Sepúlveda and Las Casas. Yet today it is said that international law is, and always was, an instrument of colonialism. It is true that the ius gentium and the Law of Nations failed to prevent colonialism and were used in fact to justify colonialism. Still, such failures which occurred over the successive periods of European colonization of non-European peoples did not implicate the whole of international law thought. That is just a modern exaggeration, but rather than repair the international law that we have, for example in our discussions about colonial reparation, some now wish us to reject international law altogether. In seeking to cast present-day criticisms in a proper light, these lectures at the Hague Academy had discussed the more notable literature, including in judgments and arbitral awards, from the time of the classic works that are connected to the history of the subject to the present day. Now presented in pocketbook form the objective is the same; which is to explain the aims and methods of post-colonial criticism, and to reject the view that it is too late for international law.
Author: Chin Leng Lim
Publisher: BRILL
ISBN: 9004696164
Category : Law
Languages : en
Pages : 288
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Book Description
Criticism of colonial justifications has been familiar since the age of Sepúlveda and Las Casas. Yet today it is said that international law is, and always was, an instrument of colonialism. It is true that the ius gentium and the Law of Nations failed to prevent colonialism and were used in fact to justify colonialism. Still, such failures which occurred over the successive periods of European colonization of non-European peoples did not implicate the whole of international law thought. That is just a modern exaggeration, but rather than repair the international law that we have, for example in our discussions about colonial reparation, some now wish us to reject international law altogether. In seeking to cast present-day criticisms in a proper light, these lectures at the Hague Academy had discussed the more notable literature, including in judgments and arbitral awards, from the time of the classic works that are connected to the history of the subject to the present day. Now presented in pocketbook form the objective is the same; which is to explain the aims and methods of post-colonial criticism, and to reject the view that it is too late for international law.
Author: Daniel Bonilla Maldonado
Publisher: Cambridge University Press
ISBN: 1108833624
Category : Law
Languages : en
Pages : 197
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Book Description
This innovative study presents a genealogy of modern comparative law, examining both theory and practice around the world.
Author: Deplano, Rossana
Publisher: Edward Elgar Publishing
ISBN: 1788972368
Category : Law
Languages : en
Pages : 535
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Book Description
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
Author: Graham Huggan
Publisher: Academic
ISBN: 0199588252
Category : Literary Collections
Languages : en
Pages : 751
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Book Description
The Oxford Handbook of Postcolonial Studies is a major reference work, which aims to provide informed insights into the possible future of postcolonial studies as well as a comparative overview of the latest developments in the field.
Author: Damian Gonzalez-Salzberg
Publisher: Routledge
ISBN: 0429889364
Category : Law
Languages : en
Pages : 264
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Book Description
The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.
Author: CHIN LENG. LIM
Publisher: Brill Nijhoff
ISBN: 9789004696150
Category : Law
Languages : en
Pages : 0
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Book Description
The Aims and Methods of Postcolonial International Law Poche by C.L. Lim
Author: Alice Panepinto
Publisher: Bloomsbury Publishing
ISBN: 1509921281
Category : Law
Languages : en
Pages : 279
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Book Description
With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
Author: Sanjay Seth
Publisher: Routledge
ISBN: 0415582873
Category : Literary Criticism
Languages : en
Pages : 218
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Book Description
Postcolonial theory has had the most impact in disciplines such as literature and, to some degree, history, and perhaps the least impact in the discipline of politics. However, there is growing interest in postcolonial theory within politics, and interest in especially high in the subfield of international relations. This text provides a comprehensive survey of how postoclonial theory shapes our understanding of international relations.
Author: Matilda Arvidsson
Publisher: Taylor & Francis
ISBN: 1003829171
Category : Law
Languages : en
Pages : 312
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Book Description
Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which states act as its main subjects, the traditional sources of international law – international legal statutes, customary international law, historical precedents and general principles of law – create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics – including environmental law, the law of the sea, colonialism, human rights, conflict and the impact of science and technology – it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book’s posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists and others with interests in posthuman thought, technology, colonialism and ecology. Chapters 1, 9 and 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author: Antony Anghie
Publisher: Cambridge University Press
ISBN: 9780521702720
Category : Law
Languages : en
Pages : 384
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Book Description
Examines the relationship between imperialism and international law.
