European International Law Traditions

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European International Law Traditions

Author : Peter Hilpold
Publisher :
ISBN 13 : 9783030520298
Total Pages : 0 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis European International Law Traditions by : Peter Hilpold

Download or read book European International Law Traditions written by Peter Hilpold and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries' approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. Chapter "What Are and to What Avail Do We Study European International Law Traditions?" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Research Handbook on EU Private International Law

Author : Peter Stone
Publisher :
ISBN 13 : 9781788111225
Total Pages : 424 pages
Book Rating : 4.1/5 (112 download)

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Book Synopsis Research Handbook on EU Private International Law by : Peter Stone

Download or read book Research Handbook on EU Private International Law written by Peter Stone and published by . This book was released on 2017-05-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the Member States. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations. Bringing together perspectives from both civil law and common law traditions, the book mainly considers issues relating to the Brussels I Regulation on civil jurisdiction and judgments, and to the Rome I and II Regulations on choice of law in respect of contractual or non-contractual obligations. Weaknesses in the current law are identified, and suggestions are made for possible improvements. The expert contributors focus on currently relevant problems including some issues which have tended to be neglected.Academics, law students and public officials interested in private international law will find this Handbook to be a valuable resource. Both practising lawyers and commercial lobbyists will also find many useful insights.

New Approaches to International Law

Author : José María Beneyto
Publisher : Springer Science & Business Media
ISBN 13 : 906704878X
Total Pages : 287 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis New Approaches to International Law by : José María Beneyto

Download or read book New Approaches to International Law written by José María Beneyto and published by Springer Science & Business Media. This book was released on 2012-09-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European International Law Traditions

Author : Peter Hilpold
Publisher : Springer Nature
ISBN 13 : 3030520285
Total Pages : 339 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis European International Law Traditions by : Peter Hilpold

Download or read book European International Law Traditions written by Peter Hilpold and published by Springer Nature. This book was released on 2020-11-20 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

International law in Europe, 700–1200

Author : Jenny Benham
Publisher : Manchester University Press
ISBN 13 : 1526142309
Total Pages : 264 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis International law in Europe, 700–1200 by : Jenny Benham

Download or read book International law in Europe, 700–1200 written by Jenny Benham and published by Manchester University Press. This book was released on 2022-02-15 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Was there international law in the Middle Ages? Using treaties as its main source, this book examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law. International law in Europe, 700–1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.

The Role of Legal Advisers in International Law

Author : Andraž Zidar
Publisher : BRILL
ISBN 13 : 9004280308
Total Pages : 408 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Role of Legal Advisers in International Law by : Andraž Zidar

Download or read book The Role of Legal Advisers in International Law written by Andraž Zidar and published by BRILL. This book was released on 2016-12-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Role of Legal Advisers in International Law prominent international legal professionals provide a range of original insights on the position of legal advisers and their vital contribution to the development, interpretation and application of international law.

The Oxford Handbook of the History of International Law

Author : Bardo Fassbender
Publisher : OUP Oxford
ISBN 13 : 019163252X
Total Pages : 1272 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of the History of International Law by : Bardo Fassbender

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.

Constructing Legal Systems: "European Union" in Legal Theory

Author : N. MacCormick
Publisher : Springer Science & Business Media
ISBN 13 : 9401711526
Total Pages : 148 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Constructing Legal Systems: "European Union" in Legal Theory by : N. MacCormick

Download or read book Constructing Legal Systems: "European Union" in Legal Theory written by N. MacCormick and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.

Lawyers, Space and Subjects. Historical Perspectives on the Western Legal Tradition

Author : Luigi Nuzzo
Publisher :
ISBN 13 : 9788867607129
Total Pages : 283 pages
Book Rating : 4.6/5 (71 download)

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Book Synopsis Lawyers, Space and Subjects. Historical Perspectives on the Western Legal Tradition by : Luigi Nuzzo

Download or read book Lawyers, Space and Subjects. Historical Perspectives on the Western Legal Tradition written by Luigi Nuzzo and published by . This book was released on 2020 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on the Theory and History of International Law

Author : Alexander Orakhelashvili
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116712
Total Pages : 512 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on the Theory and History of International Law by : Alexander Orakhelashvili

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.

Cynical International Law?

Author : Björnstjern Baade
Publisher : Springer Nature
ISBN 13 : 3662621282
Total Pages : 369 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Cynical International Law? by : Björnstjern Baade

Download or read book Cynical International Law? written by Björnstjern Baade and published by Springer Nature. This book was released on 2020-11-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.

Roman Law and the Origins of the Civil Law Tradition

Author : George Mousourakis
Publisher : Springer
ISBN 13 : 3319122681
Total Pages : 328 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Roman Law and the Origins of the Civil Law Tradition by : George Mousourakis

Download or read book Roman Law and the Origins of the Civil Law Tradition written by George Mousourakis and published by Springer. This book was released on 2014-12-02 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Law, Culture and Identity in Central and Eastern Europe

Author : Cosmin Cercel
Publisher : Taylor & Francis
ISBN 13 : 1003812953
Total Pages : 375 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Law, Culture and Identity in Central and Eastern Europe by : Cosmin Cercel

Download or read book Law, Culture and Identity in Central and Eastern Europe written by Cosmin Cercel and published by Taylor & Francis. This book was released on 2023-12-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.

International Law in the Long Nineteenth Century (1776-1914)

Author : Inge Van Hulle
Publisher : BRILL
ISBN 13 : 9004412085
Total Pages : 242 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Law in the Long Nineteenth Century (1776-1914) by : Inge Van Hulle

Download or read book International Law in the Long Nineteenth Century (1776-1914) written by Inge Van Hulle and published by BRILL. This book was released on 2019-09-16 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.

Time, History and International Law

Author : Matthew C. R. Craven
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004154817
Total Pages : 264 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Time, History and International Law by : Matthew C. R. Craven

Download or read book Time, History and International Law written by Matthew C. R. Craven and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.

History and International Law

Author : Annalisa Ciampi
Publisher : Edward Elgar Publishing
ISBN 13 : 1788977491
Total Pages : 232 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis History and International Law by : Annalisa Ciampi

Download or read book History and International Law written by Annalisa Ciampi and published by Edward Elgar Publishing. This book was released on 2019 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book unveils and illuminates the relationship between international law and history, providing examples from a wide range of domains of global governance. With particular reference to international human rights, humanitarian and criminal law, leading scholars and practitioners in international law, history and diplomacy offer original analysis and innovative paradigms of cross-interdisciplinary research in the field.

International Law and History

Author : Ignacio de la Rasilla
Publisher : Cambridge University Press
ISBN 13 : 1108473407
Total Pages : 465 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Law and History by : Ignacio de la Rasilla

Download or read book International Law and History written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2021-01-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first contemporary historiography of international law and an essential methodological guide for researching international legal history.