Author: Antonio Cassese
Publisher: Bloomsbury Publishing
ISBN: 1847316387
Category : Law
Languages : en
Pages : 306
Book Description
This book consists of interviews with five distinguished international lawyers from the UK, USA, Uruguay and France, conducted by the editor, Antonio Cassese, between 1993 and 1995. Each interview is preceded by a brief 'intellectual portrait' of the interviewee. In his general introduction Cassese stresses that the interviews, all based on the same questionnaire, were intended to bring out not only the main ideas associated with each scholar in the fields of international law and international relations, but also his intellectual and philosophical background, his general outlook and his views of the prospects for the evolution of the international community. In his final essay, Cassese brings together the main threads of the interviews and points to the parallels and divergences appearing from them. This book offers a unique and important insight into the legal minds and outlook of a select group of prominent scholars of international law and legal institutions during the last years of the twentieth century.
Five Masters of International Law
International Law
Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1107328098
Category : Law
Languages : en
Pages : 377
Book Description
Written by one of the world's leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? What does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning.
Publisher: Cambridge University Press
ISBN: 1107328098
Category : Law
Languages : en
Pages : 377
Book Description
Written by one of the world's leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? What does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning.
Oligarchic Structures and Majority Faction
Author: H.G. Callaway
Publisher: Cambridge Scholars Publishing
ISBN: 1527589633
Category : Philosophy
Languages : en
Pages : 381
Book Description
The papers assembled in this book originated from, and span, the recent decades of intensive economic globalization and international interaction—up to the present period of the commercialized, digital world—accompanied by American and international crisis. High hopes of the benefits of trade expansion, international cooperation, growing prosperity and a “rules-based” international order have given way to the unpredictable contingencies of human action and history, pandemics, severe economic and social dislocations, domestic division, frequent political dysfunction and growing threats of intensified international conflict. This book places contemporary problems of American democracy and the threat of authoritarian systems within the context of the success and failures of American history, problems of moral authority in American society and the need for political and moral balance in the US constitutional system.
Publisher: Cambridge Scholars Publishing
ISBN: 1527589633
Category : Philosophy
Languages : en
Pages : 381
Book Description
The papers assembled in this book originated from, and span, the recent decades of intensive economic globalization and international interaction—up to the present period of the commercialized, digital world—accompanied by American and international crisis. High hopes of the benefits of trade expansion, international cooperation, growing prosperity and a “rules-based” international order have given way to the unpredictable contingencies of human action and history, pandemics, severe economic and social dislocations, domestic division, frequent political dysfunction and growing threats of intensified international conflict. This book places contemporary problems of American democracy and the threat of authoritarian systems within the context of the success and failures of American history, problems of moral authority in American society and the need for political and moral balance in the US constitutional system.
The Project of Positivism in International Law
Author: Mónica García-Salmones Rovira
Publisher: OUP Oxford
ISBN: 0191508306
Category : Law
Languages : en
Pages : 449
Book Description
International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities. The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.
Publisher: OUP Oxford
ISBN: 0191508306
Category : Law
Languages : en
Pages : 449
Book Description
International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities. The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.
International Law as a Profession
Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1107140390
Category : Law
Languages : en
Pages : 471
Book Description
This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.
Publisher: Cambridge University Press
ISBN: 1107140390
Category : Law
Languages : en
Pages : 471
Book Description
This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.
Teaching International Law
Author:
Publisher: BRILL
ISBN: 9004678883
Category : Law
Languages : en
Pages : 530
Book Description
Teaching International Law is a topic of great importance in international law academia. In the past renowned international lawyers and research institutions have dealt with this matter. This book brings together a larger number of established international lawyers who not only present the state of the art of this discipline but also their own vision and perspective. Traditionally, teachers of international law had considerable influence on the development and the understanding of this subject. The international legal system has profoundly changed but in time of enormous challenges for the survivel of mankind the voice of the teachers should again be heard.
Publisher: BRILL
ISBN: 9004678883
Category : Law
Languages : en
Pages : 530
Book Description
Teaching International Law is a topic of great importance in international law academia. In the past renowned international lawyers and research institutions have dealt with this matter. This book brings together a larger number of established international lawyers who not only present the state of the art of this discipline but also their own vision and perspective. Traditionally, teachers of international law had considerable influence on the development and the understanding of this subject. The international legal system has profoundly changed but in time of enormous challenges for the survivel of mankind the voice of the teachers should again be heard.
The Application of Teachings by the International Court of Justice
Author: Sondre Torp Helmersen
Publisher: Cambridge University Press
ISBN: 1108844146
Category : Law
Languages : en
Pages : 273
Book Description
The first book-length systematic examination of how teachings are used in practice in international law.
Publisher: Cambridge University Press
ISBN: 1108844146
Category : Law
Languages : en
Pages : 273
Book Description
The first book-length systematic examination of how teachings are used in practice in international law.
The Persistent Objector Rule in International Law
Author: James A. Green
Publisher: Oxford University Press
ISBN: 0191009571
Category : Law
Languages : en
Pages : 391
Book Description
The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
Publisher: Oxford University Press
ISBN: 0191009571
Category : Law
Languages : en
Pages : 391
Book Description
The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
Arcs of Global Justice
Author: Margaret M. deGuzman
Publisher: Oxford University Press
ISBN: 0190272678
Category : Law
Languages : en
Pages : 593
Book Description
Martin Luther King, Jr. once said 'the arc of the moral universe is long, but it bends toward justice.' Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor. This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.
Publisher: Oxford University Press
ISBN: 0190272678
Category : Law
Languages : en
Pages : 593
Book Description
Martin Luther King, Jr. once said 'the arc of the moral universe is long, but it bends toward justice.' Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor. This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.
British Contributions to International Law, 1915-2015 (Set)
Author: Jill Barrett
Publisher: BRILL
ISBN: 9004386246
Category : Law
Languages : en
Pages : 3728
Book Description
The original documentary sources of key British contributions to international law spanning the past 100 years are collected for the first time in this unique anthology (set of 4 books). These range from seminal writings of highly qualified British scholars of international law, judgments of British courts, opinions of British judges on international courts and tribunals and pleadings by British advocates; treaties concluded and statements made by the United Kingdom government, British contributions to international legal drafting, legislation and parliamentary debates; to an imaginative selection of other forms of literature. The Editors’ introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it. Please also see the following related titles: - British Influences on International Law, 1915-2015 - The Role of Legal Advisers in International Law
Publisher: BRILL
ISBN: 9004386246
Category : Law
Languages : en
Pages : 3728
Book Description
The original documentary sources of key British contributions to international law spanning the past 100 years are collected for the first time in this unique anthology (set of 4 books). These range from seminal writings of highly qualified British scholars of international law, judgments of British courts, opinions of British judges on international courts and tribunals and pleadings by British advocates; treaties concluded and statements made by the United Kingdom government, British contributions to international legal drafting, legislation and parliamentary debates; to an imaginative selection of other forms of literature. The Editors’ introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it. Please also see the following related titles: - British Influences on International Law, 1915-2015 - The Role of Legal Advisers in International Law