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Author: Emer de Vattel
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668
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Book Description
Author: Emer de Vattel
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668
Get Book Here
Book Description
Author: Simone Zurbuchen
Publisher: BRILL
ISBN: 9004384200
Category : Law
Languages : en
Pages : 347
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Book Description
The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.
Author: Peter Schröder
Publisher: Cambridge University Press
ISBN: 1108803954
Category : Law
Languages : en
Pages : 343
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Book Description
Swiss-born Emer de Vattel (1714–1767) was one of the last eminent thinkers of natural law. He shaped the later part of early-modern natural jurisprudence. At the time, the subject had become a fashionable academic sub-discipline in both jurisprudence and philosophy. Vattel's considerable impact on statesmen, political thinkers, diplomats and lawyers during his lifetime and after rested primarily on the fact that his The Law of Nations (1758) transformed natural law into the basis of a more comprehensive and practicable theory of interstate relations. His ideas served to promote reform programmes whose comprehensive natures spanned the domains of economic reform, constitutionalism and international diplomacy and foreign trade policy. Vattel's conception centred round the principle that defined all sovereign states as nations composed of societies of free men and profoundly influenced legal and political debates in the eighteenth and nineteenth centuries.
Author: David C. Hendrickson
Publisher: University Press of Kansas
ISBN: 0700614931
Category : History
Languages : en
Pages : 416
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Book Description
That New England might invade Virginia is inconceivable today. But interstate rivalries and the possibility of intersectional war loomed large in the thinking of the Framers who convened in Philadelphia in 1787 to put on paper the ideas that would bind the federal union together. At the end of the Constitutional Convention, Benjamin Franklin rejoiced that the document would "astonish our enemies, who are waiting to hear with confidence . . . that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats." Usually dismissed as hyperbole, this and similar remarks by other Founders help us to understand the core concerns that shaped their conception of the Union. By reexamining the creation of the federal system of the United States from a perspective that yokes diplomacy with constitutionalism, Hendrickson's study, according to Karl Walling, "introduces a new way to think about what is familiar to us." This ground breaking book, then, takes a fresh look at the formative years of American constitutionalism and diplomacy. It tells the story of how thirteen colonies became independent states and found themselves grappling with the classic problems of international cooperation, and it explores the intellectual milieu within which that problem was considered. The founding generation, Hendrickson argues, developed a sophisticated science of international politics relevant both to the construction of their own union and to the foreign relations of "the several states in the union of the empire." The centrality of this discourse, he contends, must severely qualify conventional depictions of early American political thought as simply "liberal" or "republican." Hendrickson also takes issue with conventional accounts of early American foreign policy as "unilateralist" or "isolationist" and insists that the founding generation belonged to and made distinguished contributions to the constitutional tradition in diplomacy, the antecedent of twentieth-century internationalism. He describes an American system of states riven by deep sectional animosities and powerful loyalties to colonies and states (often themselves described as "nations") and explains why in such a milieu the creation of a durable union often appeared to be a quixotic enterprise. The book culminates in a consideration of the making of the federal Constitution, here styled as a peace pact or experiment in international cooperation. Peace Pact is an important book that promises to revolutionize our understanding of the era of revolution and constitution-making. Written in a lucid and accessible style, the book is an excellent introduction to the American founding and its larger significance in American and world history.
Author: Daniel Lee
Publisher: Oxford University Press
ISBN: 0191072044
Category : Law
Languages : en
Pages : 339
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Book Description
Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.
Author: Christian Wolff
Publisher: Liberty Fund
ISBN: 9780865977662
Category : International law
Languages : en
Pages : 0
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Book Description
Christian Wolff's natural law theory was founded on his rationalist philosophy and metaphysics, which were strongly influenced by the philosophy of Gottfried Wilhelm Leibniz. Like Leibniz, Wolff was convinced that justice and morality were based on universally valid principles of reason and that these principles were accessible to human understanding without the aid of religious revelation. Wolff did not therefore follow the voluntarist tradition of natural law, which was characteristic of Germany's two other famous natural jurists of the early Enlightenment--Samuel Pufendorf and Christian Thomasius. The laws of nature, Wolff argued, were not just because God had willed them; rather, God had willed them because they were just. According to Wolff, this natural law was the foundation of the law of nations. Wolff's work considered central issues such as the duties of nations toward themselves and other nations, the laws of war and peace, and the laws governing the treatment of diplomatic representatives. With the Liberty Fund edition, Wolff's work, heretofore relatively unknown to the English-speaking world, will again become available to scholars and students alike.
Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191576204
Category : Law
Languages : en
Pages : 145
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Book Description
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
Author: Christopher Norton Warren
Publisher: Oxford University Press, USA
ISBN: 0198719345
Category : Law
Languages : en
Pages : 297
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Book Description
Literature and the Law of Nations, 1580-1680 is a literary history of international law, which seeks to revise the ways scholars understand early modern English literature in relation to the history of international law.
Author: Jeremy A. Rabkin
Publisher: Princeton University Press
ISBN: 9780691095301
Category : Law
Languages : en
Pages : 366
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Book Description
What authority does international law really have for the United States? When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question. Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own. Law without Nations? traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes. A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas.
Author: Andrew Clapham
Publisher: OUP Oxford
ISBN: 0191632678
Category : Law
Languages : en
Pages : 433
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Book Description
This concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.
