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Author: Euan MacDonald
Publisher: BRILL
ISBN: 9004214755
Category : Law
Languages : en
Pages : 448
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Book Description
Around twenty years ago, a challenge was laid down to international law by those writing at the critical periphery of the discipline; a challenge that has yet to find satisfactory response. Although often (mistakenly) characterised as nihilist, this book seeks to recast it in positive terms; to pose the question of what – if anything – is left of international law and ethics if we accept both that apolitical rules are impossible and that the values that must – inevitably – be used to justify them are irreducibly, radically subjective. After detailed analyses of different political and international legal philosophers who have confronted this issue, the answer is located in a “turn to literature” and a rehabilitation of the ancient notion of rhetoric.
Author: Euan MacDonald
Publisher: BRILL
ISBN: 9004214755
Category : Law
Languages : en
Pages : 448
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Book Description
Around twenty years ago, a challenge was laid down to international law by those writing at the critical periphery of the discipline; a challenge that has yet to find satisfactory response. Although often (mistakenly) characterised as nihilist, this book seeks to recast it in positive terms; to pose the question of what – if anything – is left of international law and ethics if we accept both that apolitical rules are impossible and that the values that must – inevitably – be used to justify them are irreducibly, radically subjective. After detailed analyses of different political and international legal philosophers who have confronted this issue, the answer is located in a “turn to literature” and a rehabilitation of the ancient notion of rhetoric.
Author: Lawrence O. Gostin
Publisher: Harvard University Press
ISBN: 0674369882
Category : Law
Languages : en
Pages : 461
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Book Description
The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.
Author: Donald Earl Childress, III
Publisher: Cambridge University Press
ISBN: 1139503677
Category : Law
Languages : en
Pages : 291
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Book Description
The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.
Author: David Lefkowitz
Publisher: Cambridge University Press
ISBN: 1107138779
Category : Law
Languages : en
Pages : 289
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Book Description
Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
Author: Themistoklis Tzimas
Publisher: Springer Nature
ISBN: 3030785858
Category : Law
Languages : en
Pages : 246
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Book Description
This book focuses on the legal regulation, mainly from an international law perspective, of autonomous artificial intelligence systems, of their creations, as well as of the interaction of human and artificial intelligence. It examines critical questions regarding both the ontology of autonomous AI systems and the legal implications: what constitutes an autonomous AI system and what are its unique characteristics? How do they interact with humans? What would be the implications of combined artificial and human intelligence? It also explores potentially the most important questions: what are the implications of these developments for collective security –from both a state-centered and a human perspective, as well as for legal systems? Why is international law better positioned to make such determinations and to create a universal framework for this new type of legal personality? How can the matrix of obligations and rights of this new legal personality be construed and what would be the repercussions for the international community? In order to address these questions, the book discusses cognitive aspects embedded in the framework of law, offering insights based on both de lege lata and de lege ferenda perspectives.
Author: Andrea Leiter
Publisher: Cambridge University Press
ISBN: 1009330403
Category : Law
Languages : en
Pages : 189
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Book Description
Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.
Author: Andrea Bianchi
Publisher: Oxford University Press
ISBN: 0191038210
Category : Law
Languages : en
Pages : 337
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Book Description
Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
Author: Philip Alston
Publisher: OUP Oxford
ISBN: 0191021784
Category : Political Science
Languages : en
Pages : 1345
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Book Description
The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.
Author: Richard Shapcott
Publisher: John Wiley & Sons
ISBN: 0745657435
Category : Political Science
Languages : en
Pages : 415
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Book Description
Is it is justifiable to make any basic moral distinction between 'insiders and outsiders'? Do we have substantive duties of 'justice' to all human beings or merely Humanitarian duties of aid and assistance? These are two of the most crucial questions confronting world politics and the field of international ethics today. International Ethics: A Critical Introduction provides an engaging and accessible introduction to these foundational questions. In a cogent and carefully argued analysis, Richard Shapcott critically examines the theories of cosmopolitanism, communitarianism, realism and pluralism and scrutinises their approaches to the various obligations which members of 'bounded' communities, primarily nation-states, have to 'outsiders' and 'foreigners'. He then takes the theoretical approaches in context by discussing the ethics of hospitality and membership of political communities, issues of mutual aid and humanitarianism abroad, the ethics of harm related to interstate international violence, and the challenge of severe global poverty. The book concludes by suggesting that the terms of international ethical life in the 21st century require reframing in a way that focuses more intently on the nature of harm between communities and individuals. This book provides students and scholars with a conceptual framework with which to analyse the policies, actions and philosophy of governments, NGOs and international corporations. Above all, it offers the means whereby individuals can assess their own positions on contemporary ethical issues such as global poverty, humanitarian intervention, migration and refugees and global warming.
Author: Neil Walker
Publisher: Cambridge University Press
ISBN: 1107091624
Category : Law
Languages : en
Pages : 223
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Book Description
This book explores how the domestic law of states is increasingly accompanied by a 'global law' distinct from regional and international law.
