INTERNATIONAL LAW AS SOCIAL CONSTRUCT THE STRUGGLE FOR GLOBAL JUSTICE

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International Law As Social Construct

Author : Carlo Focarelli
ISBN : 9780191632198
Genre : Law
File Size : 44.39 MB
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The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it draws upon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is crucial to our understanding of international law and to the struggle to create better working rules. The book re-conceptualizes both past and new doctrines of international law as 'constructs', namely, as strategies of concomitantly de-mythologizing and re-mythologizing international law. Key areas of international law, including subjects, sources, hierarchy, values, and remedies, are shown to be part of this process. The social impact on international law of transnational actors and stakeholders, normative fragmentation, global justice, legitimacy of both rules and players, dynamics and hierarchization of norms, compliance and implementation in municipal law is also extensively investigated. Five basic values of the international community, namely security, humanity, wealth, environment, and knowledge, are explored by stressing their inter- and intra-tensions. Finally, the analysis is extended to the role that international courts play in the prosecution of heads of state and other transnational players who violate international law.
Category: Law

The Thin Justice Of International Law

Author : Steven R. Ratner
ISBN : 9780191009112
Genre : Law
File Size : 42.24 MB
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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
Category: Law

An Introduction To Contemporary International Law

Author : Lung-chu Chen
ISBN : 9780190228002
Genre : Law
File Size : 28.62 MB
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An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.
Category: Law

Russian Approaches To International Law

Author : Lauri Mälksoo
ISBN : 9780191034695
Genre : Law
File Size : 21.67 MB
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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.
Category: Law

Research Handbook On International Law And Cyberspace

Author : Nicholas Tsagourias
ISBN : 9781782547396
Genre : Law
File Size : 78.18 MB
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This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international la
Category: Law

The Responsibility To Protect R2p

Author : Peter Hilpold
ISBN : 9789004230002
Genre : Law
File Size : 87.60 MB
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R2P is a much discussed concept of International Law. This volume contains an in-depth inquiry into this concept by renowned international lawyers.
Category: Law

The Evolutionary Interpretation Of Treaties

Author : Eirik Bjorge
ISBN : 9780191025778
Genre : Law
File Size : 24.88 MB
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If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.
Category: Law

Public Policy In International Economic Law

Author : Diane Desierto
ISBN : 9780191026485
Genre : Law
File Size : 68.91 MB
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
Category: Law

Politics Of International Law And International Justice

Author : Edwin Egede
ISBN : 9780748684526
Genre : Political Science
File Size : 45.92 MB
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A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati
Category: Political Science

Cyberspaces And Global Affairs

Author : Jake Perry
ISBN : 9781409476603
Genre : Political Science
File Size : 65.91 MB
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From the "Facebook" revolutions in the Arab world to the use of social networking in the aftermath of disasters in Japan and Haiti, to the spread of mobile telephony throughout the developing world: all of these developments are part of how information and communication technologies are altering global affairs. With the rise of the social web and applications like Facebook, YouTube and Twitter, scholars and practitioners of international affairs are adapting to this new information space across a wide scale of issue areas. In conflict resolution, dialogues and communication are taking the form of open social networks, while in the legal realm, where cyberspace is largely lawless space, states are stepping up policing efforts to combat online criminality and hackers are finding new ways around increasingly sophisticated censorship. Militaries are moving to deeply incorporate information technologies into their doctrines, and protesters are developing innovative uses of technology to keep one step ahead of the authorities. The essays and topical cases in this book explore such issues as networks and networked thinking, information ownership, censorship, neutrality, cyberwars, humanitarian needs, terrorism, privacy and rebellion, giving a comprehensive overview of the core issues in the field, complemented by real world examples.
Category: Political Science