The History And Theory Of International Law

Author : Pablo Kalmanovitz
Publisher : Oxford University Press, USA
ISBN 13 : 0198790252
Total Pages : 209 pages
Book Rating : 4.59/5 ( download)

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Download or read book The Laws of War in International Thought written by Pablo Kalmanovitz and published by Oxford University Press, USA. This book was released on 2020-09-14 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two broad competing normative conceptions of war can be distinguished in the history of legal and political thought. The first and nowadays more familiar belongs to the tradition of "just war." It sees war as an instrument of justice, indeed the most extreme form of supra-national lawenforcement, justified only in the most serious cases of violation of right. The second conception has been labelled "lawful", "legitimate", or "regular war", where war is not enforcement of justice, but a legally regulated procedure governing the pursuit of conflicting legitimate claims amongequal and autonomous political entities.This book sheds light on the relationship between law and morals in armed conflict, and can be read as a historical argument against the disappearance of the regular war concept. Kalmanovitz highlights three important contemporary challenges: the juridification of aggression and the "turn to ethics"in international law; the progressive individualization of war; and the predominance of asymmetrical warfare and armed nonstate actors.This study of the regular war tradition brings historical and theoretical perspective to these recent conceptual transformations, which undermine the fundamental and long-standing distinction between war and police action. It contributes to clarify the stakes in the erosion of internationalpluralism and the normative depoliticization of war. In revisiting the regular war tradition, a clearer sense of these ongoing transformations is realised, inspiring fresh perspectives on the justifiability of war.

Author : Anthea Roberts
Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.12/5 ( download)

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Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Author : Bardo Fassbender
Publisher : OUP Oxford
ISBN 13 : 019163252X
Total Pages : 1272 pages
Book Rating : 4.25/5 ( download)

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Download or read book The Oxford Handbook of the History of International Law written by Bardo Fassbender and published by OUP Oxford. This book was released on 2012-11-01 with total page 1272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Jean D'Aspremont
Publisher : Edward Elgar Publishing
ISBN 13 : 9781789901733
Total Pages : 0 pages
Book Rating : 4.31/5 ( download)

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Download or read book The History and Theory of International Law written by Jean D'Aspremont and published by Edward Elgar Publishing. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays populating these two volumes provide a comprehensive account of existing scholarly debates on the history and theory of international law. This authoritative collection, with contributions by leading academics, covers a wide range of important topics such as primitive legal scholarship, medieval law and the Grotian Tradition. With subtopics including the markers, heroes and making of international law, and an original introduction by the editor, this extensive collection will appeal to a wide variety of researchers in the field of legal history and theory, as well as students and scholars alike.

Author : Alexander Orakhelashvili
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116712
Total Pages : 512 pages
Book Rating : 4.18/5 ( download)

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Download or read book Research Handbook on the Theory and History of International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.

Author : James Crawford
Publisher : BRILL
ISBN 13 : 900426809X
Total Pages : 537 pages
Book Rating : 4.98/5 ( download)

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Download or read book Chance, Order, Change: The Course of International Law, General Course on Public International Law written by James Crawford and published by BRILL. This book was released on 2014-04-29 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called ? In what respects is it systematic ? Does it — can it — respect the rule of law ? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.

Author : Janne Elisabeth Nijman
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067041836
Total Pages : 512 pages
Book Rating : 4.31/5 ( download)

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Download or read book The Concept of International Legal Personality written by Janne Elisabeth Nijman and published by T.M.C. Asser Press. This book was released on 2004-11-11 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the report of a journey. The reader is invited to join the author on a th trip in time and space. The trip takes its starting-point in 17 century Europe and th the as yet confused post-Thirty Years War society. After some stops in the 18 th and 19 century the author brings us to the post-World War I society which is as confused and is torn between ideals and despair. Then we make a stop in the post-World War II society when ideals seemingly have made place for trust in power but where we also get a glance of the fragile sapling of human rights law. And finally we pause in the post-Cold War world and try to cast a look into the future. What is the purpose of this journey, what is the author in search of? As is clear from the title it is the concept of International Legal Personality which for many will have a rather formal and positive law connotation. But the journey does not take us into the cabinets of Foreign Ministries or to conference-rooms or United Nations-buildings where the law is made nor to the court-rooms where the law is interpreted and modelled.

Author : Stefan Kadelbach
Publisher : Oxford University Press
ISBN 13 : 0198768583
Total Pages : 545 pages
Book Rating : 4.86/5 ( download)

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Download or read book System, Order, and International Law written by Stefan Kadelbach and published by Oxford University Press. This book was released on 2017 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume maps models of early international legal thought from Machiavelli to Hegel

Author : Martti Koskenniemi
Publisher : Oxford University Press
ISBN 13 : 0198795572
Total Pages : 417 pages
Book Rating : 4.75/5 ( download)

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Download or read book International Law and Empire written by Martti Koskenniemi and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the relationship between international law and empire from early modernity to the present, this volume improves current understandings of the way international legal institutions, practices, and narratives have shaped imperial ideas about and structures of world governance.

Author : Charles Henry Alexandrowicz
Publisher : Oxford University Press
ISBN 13 : 0198766076
Total Pages : 466 pages
Book Rating : 4.70/5 ( download)

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Download or read book The Law of Nations in Global History written by Charles Henry Alexandrowicz and published by Oxford University Press. This book was released on 2017 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection gathers together the most important articles written by the pioneering historian of international law, Charles Henry Alexandrowicz (1902-1975). The essays shed new light on the development of international law, and particularly the influence of states outside the West --Source other than Library of Congress.