Author: John Quigley
Publisher: Cambridge University Press
ISBN: 9781107406254
Category : Law
Languages : en
Pages : 0
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Book Description
This book explains an interaction between Soviet Russia and the West that has been overlooked in much of the analysis of the demise of the USSR. Legislation strikingly similar to the Marxist-inspired laws of Soviet Russia found its way into the legal systems of the Western world. Even though Western governments were at odds with the Soviet government, they were affected by the ideas it put forth. Western law was transformed radically during the course of the twentieth century, and much of that change was along lines first charted in Soviet law.
Author: John B. Quigley
Publisher:
ISBN: 9780511342141
Category : Comparative law
Languages : en
Pages : 256
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Book Description
This book looks at the Soviet style of law that was adopted slowly in the West during the twentieth century.
Author:
Publisher: Oxford University Press
ISBN: 0198920199
Category : Law
Languages : en
Pages : 299
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Book Description
The contributions of socialist thinkers and states to the development of international law often go unrecognized. Socialism and International Law: The Cold War and Its Legacies explores how socialist individuals and governments from Eastern Europe, Africa, and Asia made vital contributions to international law as it is practiced today, and also brought ideas and initiatives that constituted important disruptive moments in its history. The socialist world of the 20th century was an ambiguous and fragile construct: there were clear divisions between the Soviet-led Eastern Bloc, which kept one foot in Western Eurocentric traditions, and the positions of the radical Third World, primarily post-colonial Afro-Asian states, which mounted a more fundamental challenge to the international order. Far from a monolith, the socialist world was an intricate and dynamic space, which still had many shared common understandings of global affairs and the meaning of the law within them. By examining how different state socialist ideologies, legal principles, and realpolitik affected contemporary international law frameworks, this book contests existing linear and Western-dominated histories. It considers these state socialist engagements in conversation with liberal and Western approaches and underlines the divisions that existed between versions of socialism from different regions and across the North-South divide. The legacies of socialist international law are still with us today, as are the consequences of its failure. With a focus on the Cold War and its aftermath, Socialist International Law features astute commentary on the history and present-day effects of socialist principles applied to international law, provided by an esteemed and diverse group of contributors from around the world.
Author: Lauri Mälksoo
Publisher: OUP Oxford
ISBN: 019103469X
Category : Law
Languages : en
Pages : 241
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Book Description
This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.
Author: James Crawford
Publisher: Bloomsbury Publishing
ISBN: 1847318762
Category : Law
Languages : en
Pages : 460
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Book Description
This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Fourth Biennial Conference organised by ESIL and the University of Cambridge in 2010. The title of the conference was 'International Law 1989-2010: A Performance Appraisal'. The highlights, selected for publication in this volume, cover a wide spectrum of topics in international law.
Author: Cosmin Cercel
Publisher: Taylor & Francis
ISBN: 1040152554
Category : Law
Languages : en
Pages : 273
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Book Description
Following the 100th anniversary of Pashukanis’ General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form. This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist – post-Marxist or hauntingly Marxist – legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy of the legal form. Instead, it mobilises the revolutionary conceptual potentialities that this term contains. When investigated thoroughly, and in many dimensions, the legal form becomes a privileged vantage point not only into the greatest law-related riddles of Marxism (such as the relation between economy and the state or withering away of statal apparatuses), but the whole of modernity as the epoch determined by – if not overlapping with – capitalism. This book aims to think with the legal form rather than explain this concept. In so doing, it offers a panoply of theoretical perspectives that address legal subjectivity, abstraction, autonomy of the law and, last but not least, withering away of the law. This contemporary interrogation of the relevance of the concept of legal form will be of considerable interest to scholars and students of legal and political theory.
Author: Congyan Cai
Publisher: Oxford University Press
ISBN: 0190073624
Category : Law
Languages : en
Pages : 377
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Book Description
The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Author: Sebastian Gehrig
Publisher: Berghahn Books
ISBN: 1800730845
Category : History
Languages : en
Pages : 341
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Book Description
During the division of Germany, law became the object of ideological conflicts and the means by which the two national governments conducted their battle over political legitimacy. Legal Entanglements explores how these dynamics produced competing concepts of statehood and sovereignty, all centered on citizens and their rights. Drawing on wide-ranging archival sources, including recently declassified documents, Sebastian Gehrig traces how politicians, diplomats, judges, lawyers, activists and intellectuals navigated the struggle between legal ideologies under the pressures of the Cold War and decolonization. As he shows, in their response to global debates over international law and human rights, their work kept the legal cultures of both German states entangled until 1989.
Author: Bardo Fassbender
Publisher: OUP Oxford
ISBN: 0191632511
Category : Law
Languages : en
Pages : 1269
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Book Description
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
Author: Jonathan Daly
Publisher: Bloomsbury Publishing
ISBN: 1350066141
Category : History
Languages : en
Pages : 697
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Book Description
In this second edition of The Rise of Western Power, Jonathan Daly retains the broad sweep of his introduction to the history of Western civilization as well as introducing new material into every chapter, enhancing the book's global coverage and engaging with the latest historical debates. The West's history is one of extraordinary success: no other region, empire, culture, or civilization has left so powerful a mark upon the world. Daly charts the West's achievements-representative government, the free enterprise system, modern science, and the rule of law-as well as its misdeeds: two World Wars, the Holocaust, imperialistic domination, and the Atlantic slave trade. Taking us through a series of revolutions, he explores the contributions of other cultures and civilizations to the West's emergence, weaving in historical, geographical, and cultural factors. The new edition also contains more material on themes such as the environment and gender, and additional coverage of India, China and the Islamic world. Daly's engaging narrative is accompanied by timelines, maps and further reading suggestions, along with a companion website featuring study questions, over 100 primary sources and 60 historical maps to enable further study.
