NEW APPROACHES TO INTERNATIONAL LAW THE EUROPEAN AND THE AMERICAN EXPERIENCES

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New Approaches To International Law

Author : José María Beneyto
ISBN : 9789067048781
Genre : Law
File Size : 50.68 MB
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This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.
Category: Law

The Oxford Handbook Of The Theory Of International Law

Author : Anne Orford
ISBN : 9780191005565
Genre : Law
File Size : 74.84 MB
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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
Category: Law

The Implementation Of International Law In Germany And South Africa

Author : Mehrdad Payandeh
ISBN : 9781920538361
Genre : International law
File Size : 60.44 MB
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South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities. As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.
Category: International law

International Law And World Order

Author : B. S. Chimni
ISBN : 9781107065260
Genre : Law
File Size : 50.66 MB
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In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law (IMAIL), combining the insights of Marxism, socialist feminism, and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law, including new, feminist, realist, and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure, and process of international law. The book also considers crucial world order issues and problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis, and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics, and global studies.
Category: Law

Russian Approaches To International Law

Author : Lauri Mälksoo
ISBN : 9780191034695
Genre : Law
File Size : 57.65 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

A New Approach To International Commercial Contracts

Author : Michael Joachim Bonell
ISBN : STANFORD:36105060779258
Genre : Law
File Size : 72.5 MB
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The UNIDROIT Principles of International Commercial Contracts, published in 1994 after years of intensive study by a special Working Group composed of representatives of all the major legal systems of the world, already encounter an extraordinary success in practice. In this volume twenty-one leading experts from all over the world examine the UNIDROIT Principles from the perspective of their respective countries, focusing, among others, on the similarities and differences between the UNIDROIT Principles and domestic law, and the use of the UNIDROIT Principles in actual practice (contract negotiation, arbitration proceedings, model for law reform projects, etc.). These national reports are critically analysed in the General Report by Professor M.J. Bonell, Chairman of the Working Group for the preparation of the UNIDROIT Principles.
Category: Law

Foundations Of World Order

Author : Francis Anthony Boyle
ISBN : 0822323648
Genre : Law
File Size : 41.85 MB
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One volume of multi-volume history of international law.
Category: Law

From Empire To Community

Author : Amitai Etzioni
ISBN : 9781466889132
Genre : Political Science
File Size : 89.94 MB
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Whether one favors the U.S. global projection of force or is horrified by it, the question stands - where do we go from here? What ought to be the new global architecture? Amitai Etzioni follows a third way, drawing on both neoconservative and liberal ideas, in this bold new look at international relations. He argues that a "clash of civilizations" can be avoided and that the new world order need not look like America. Eastern values, including spirituality and moderate Islam, have a legitimate place in the evolving global public philosophy. Nation-states, Etzioni argues, can no longer attend to rising transnational problems, from SARS to trade in sex slaves to cybercrime. Global civil society does help, but without some kind of global authority, transnational problems will overwhelm us. The building blocks of this new order can be found in the war against terrorism, multilateral attempts at deproliferation, humanitarian interventions and new supranational institutions (e.g., the governance of the Internet). Basic safety, human rights, and global social issues, such as environmental protection, are best solved cooperatively, and Etzioni explores ways of creating global authorities robust enough to handle these issues as he outlines the journey from "empire to community."
Category: Political Science