Revival Legitimacy Deficit In Custom Towards A Deconstructionist Theory 2001

Author : Ben Chiagra
Publisher : Routledge
ISBN 13 : 1351766767
Total Pages : 563 pages
Book Rating : 4.60/5 ( download)

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Download or read book Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) written by Ben Chiagra and published by Routledge. This book was released on 2017-07-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. A discussion of customary international law (CIL). Throughout the study particular values are examined for their potential effect on the legitimacy of the process of custom. The writer argues that, in order to achieve legitimacy enhancing transparency in the process of custom, it must be acknowledged first that the power applied by international tribunals when they inaugurate new norms of customary international law always creates categories of "dominance" and "subservience", "inclusion" and "exclusion". Such an acknowledgement would foster a situation where both the power applied by tribunals and the manner in which it is applied, can legally be scrutinized for excesses that limit first the transparency of the process of custom, and second the legitimacy of norms of customary international law.

Author : Ben Chiagra
Publisher : Taylor & Francis
ISBN 13 : 1351766775
Total Pages : 386 pages
Book Rating : 4.77/5 ( download)

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Download or read book Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) written by Ben Chiagra and published by Taylor & Francis. This book was released on 2017-07-05 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Treaties and Declarations -- List of Cases and Incidents -- List of Abbreviations -- Introduction -- 1 Juridification of Custom -- Introduction -- Etymology of Custom -- Custom as a Law-creating Mechanism -- Unpacking Custom's Content -- On the Material Elements of Custom -- Publicists on Custom -- The ILA Committee on Formation of General International Law -- Customary International Law and Obligation -- Conclusion -- 2 International Organisation and Custom: From 1920 to Contemporary Perspectives -- Introduction -- Sovereignty's Temporal Fortunes -- Attribution to the United Nations of Sovereign-like Competencies -- International Human Rights and Custom -- Conclusion -- 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence -- Introduction -- Legitimacy -- Conclusion -- 4 Deconstructionism, Normative Theory and Custom -- Introduction -- Deconstruction -- Customary International Law and Deconstructionist Critique -- Conclusion -- 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case -- Introduction -- The ICJ Inaugurates Customary International Law in the Corfu Channel Case -- The ICJ Premises Custom on Violent Hierarchical Oppositions -- The Corfu Channel Case's Contribution to Understanding of Custom -- Conclusion -- 6 Custom and State Objection to Nascent Norms of Customary Law -- Introduction -- The ICJ Identifies Rules of Customary International Law on the Delimitation of Fisheries Zones -- The Persistent Objector in the Process of Custom -- Conclusion -- 7 Twining Custom with Treaty - North Sea Continental Shelf Cases -- Introduction -- Background -- Positive Law Test of Customary International Law -- Legitimacy Deficit in Custom -- Conclusion -- 8 Conclusions -- Introduction -- Difficulties -- Submissions -- Bibliography

Author : Ben Chigara
Publisher :
ISBN 13 :
Total Pages : 363 pages
Book Rating : 4.75/5 ( download)

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Download or read book Legitimacy Deficit in Custom written by Ben Chigara and published by . This book was released on 2001 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Max Horkheimer
Publisher : A&C Black
ISBN 13 : 0826400833
Total Pages : 313 pages
Book Rating : 4.33/5 ( download)

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Download or read book Critical Theory written by Max Horkheimer and published by A&C Black. This book was released on 1972-01-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays, written in the 1930s and 1940s, represent a first selection in English from the major work of the founder of the famous Institute for Social Research in Frankfurt. Horkheimer's writings are essential to an understanding of the intellectual background of the New Left and the to much current social-philosophical thought, including the work of Herbert Marcuse. Apart from their historical significance and even from their scholarly eminence, these essays contain an immediate relevance only now becoming fully recognized.

Author : Fritz W. Scharpf
Publisher : Campus Verlag
ISBN 13 : 9783593391885
Total Pages : 0 pages
Book Rating : 4.80/5 ( download)

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Download or read book Community and Autonomy written by Fritz W. Scharpf and published by Campus Verlag. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the mid-1980s, Fritz W Scharpf has been investigating the evolution of the multilevel European polity and its impact on the effectiveness and legitimacy of democratic government in Europe. This title collects Scharpf's nearly two decades of research on government in Europe.

Author : Linda Tuhiwai Smith
Publisher : Bloomsbury Publishing
ISBN 13 : 1848139527
Total Pages : 256 pages
Book Rating : 4.27/5 ( download)

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Download or read book Decolonizing Methodologies written by Linda Tuhiwai Smith and published by Bloomsbury Publishing. This book was released on 2016-03-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A landmark in the process of decolonizing imperial Western knowledge.' Walter Mignolo, Duke University To the colonized, the term 'research' is conflated with European colonialism; the ways in which academic research has been implicated in the throes of imperialism remains a painful memory. This essential volume explores intersections of imperialism and research - specifically, the ways in which imperialism is embedded in disciplines of knowledge and tradition as 'regimes of truth.' Concepts such as 'discovery' and 'claiming' are discussed and an argument presented that the decolonization of research methods will help to reclaim control over indigenous ways of knowing and being. Now in its eagerly awaited second edition, this bestselling book has been substantially revised, with new case-studies and examples and important additions on new indigenous literature, the role of research in indigenous struggles for social justice, which brings this essential volume urgently up-to-date.

Author : David Couzens Hoy
Publisher : MIT Press
ISBN 13 : 0262582635
Total Pages : 287 pages
Book Rating : 4.36/5 ( download)

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Download or read book Critical Resistance written by David Couzens Hoy and published by MIT Press. This book was released on 2005-08-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book serves as both an introduction to the concept of resistance in poststructuralist thought and an original contribution to the continuing philosophical discussion of this topic. How can a body of thought that mistrusts universal principles explain the possibility of critical resistance? Without appeals to abstract norms, how can emancipatory resistance be distinguished from domination? Can there be a poststructuralist ethics? David Hoy explores these crucial questions through lucid readings of Nietzsche, Foucault, Bourdieu, Derrida, and others. He traces the genealogy of resistance from Nietzsche's break with the Cartesian concept of consciousness to Foucault's and Bourdieu's theories of how subjects are formed through embodied social practices. He also considers Levinas, Heidegger, and Derrida on the sources of ethical resistance. Finally, in light of current social theory from Judith Butler to Slavoj Zizek, he challenges "poststructuralism" as a category and suggests the term "post-critique" as a more accurate description of contemporary Continental philosophy. Hoy is a leading American scholar of poststructuralism. Critical Resistance is the only book in English that deals substantively with the topical concept of resistance in relation to poststructuralist thought, discussions of which have dominated Continental social thought for many years.

Author : Jamie Davidson
Publisher : Routledge
ISBN 13 : 1134118201
Total Pages : 398 pages
Book Rating : 4.05/5 ( download)

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Download or read book The Revival of Tradition in Indonesian Politics written by Jamie Davidson and published by Routledge. This book was released on 2007-03-12 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important resource provides detailed coverage of the growing significance of adat in Indonesian politics. It identifies its origins, the historical factors that have conditioned it and the reasons behind its recent blossoming.

Author : Charles R. Hale
Publisher : Univ of California Press
ISBN 13 : 0520098617
Total Pages : 416 pages
Book Rating : 4.19/5 ( download)

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Download or read book Engaging Contradictions written by Charles R. Hale and published by Univ of California Press. This book was released on 2008-05-07 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars in many fields increasingly find themselves caught between the academy, with its demands for rigor and objectivity, and direct engagement in social activism. Some advocate on behalf of the communities they study; others incorporate the knowledge and leadership of their informants directly into the process of knowledge production. What ethical, political, and practical tensions arise in the course of such work? In this wide-ranging and multidisciplinary volume, leading scholar-activists map the terrain on which political engagement and academic rigor meet. Contributors: Ruth Wilson Gilmore, Edmund T. Gordon, Davydd Greenwood, Joy James, Peter Nien-chu Kiang, George Lipsitz, Samuel Martínez, Jennifer Bickham Mendez, Dani Nabudere, Jessica Gordon Nembhard, Jemima Pierre, Laura Pulido, Shannon Speed, Shirley Suet-ling Tang, João Vargas

Author : Debra P. Steger
Publisher : Wilfrid Laurier Univ. Press
ISBN 13 : 1554581745
Total Pages : 498 pages
Book Rating : 4.40/5 ( download)

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Download or read book Redesigning the World Trade Organization for the Twenty-first Century written by Debra P. Steger and published by Wilfrid Laurier Univ. Press. This book was released on 2009-12-15 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two high-level commissions—the Sutherland report in 2004, and the Warwick Commission report in 2007—addressed the future of the World Trade Organization and made proposals for incremental reform. This book goes further; it explains why institutional reform of the WTO is needed at this critical juncture in world history and provides innovative, practical proposals for modernizing the WTO to enable it to respond to the challenges of the twenty-first century. Contributors focus on five critical areas: transparency, decision- and rule-making procedures, internal management structures, participation by non-governmental organizations and civil society, and relationships with regional trade agreements. Co-published with the International Development Research Centre and the Centre for International Governance Innovation