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International Law And Its Discontents
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Book Synopsis International Law and its Discontents by : Barbara Stark
Download or read book International Law and its Discontents written by Barbara Stark and published by Cambridge University Press. This book was released on 2015-04-30 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Civilization and its Discontents, Sigmund Freud argued that civilization itself is the major source of human unhappiness, inhibiting instincts and generating guilt. In Globalization and its Discontents, Joseph Stiglitz shows how the 'economic architecture' that produced globalization has also driven the backlash against it. This book brings together some of international law's most outspoken 'discontents'; those who situate their malaise in international law itself. Their shared objective is to expose international law's complicity in the ongoing economic and financial global crises and to assess its capacity - and its will - to constructively address them. Some, like Freud, view that which holds us together as an inevitable source of discontent. Others, like Stiglitz, draw on the energy of the backlash. How have these crises affected particular groups, sovereign states, and international law itself? How have they responded? When does crisis serve as a catalyst, and for what?
Book Synopsis Primacy and Its Discontents by : Michael E. Brown
Download or read book Primacy and Its Discontents written by Michael E. Brown and published by MIT Press. This book was released on 2009-01-30 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts consider whether American primacy will endure or if the future holds a multipolar world of several great powers. The unprecedented military, economic, and political power of the United States has led some observers to declare that we live in a unipolar world in which America enjoys primacy or even hegemony. At the same time public opinion polls abroad reveal high levels of anti-Americanism, and many foreign governments criticize U.S. policies. Primacy and Its Discontents explores the sources of American primacy, including the uses of U.S. military power, and the likely duration of unipolarity. It offers theoretical arguments for why the rest of the world will—or will not—align against the United States. Several chapters argue that the United States is not immune to the long-standing tendency of states to balance against power, while others contend that wise U.S. policies, the growing role of international institutions, and the spread of liberal democracy can limit anti-American balancing. The final chapters debate whether countries are already engaging in "soft balancing" against the United States. The contributors offer alternative prescriptions for U.S. foreign policy, ranging from vigorous efforts to maintain American primacy to acceptance of a multipolar world of several great powers. Contributors Gerard Alexander, Stephen Brooks, John G. Ikenberry, Christopher Layne, Keir Lieber, John Owen IV, Robert Pape, T. V. Paul, Barry Posen, Kenneth Waltz, William Wohlforth
Book Synopsis The European Court of Human Rights and its Discontents by : Spyridon Flogaitis
Download or read book The European Court of Human Rights and its Discontents written by Spyridon Flogaitis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Book Synopsis International Law and Its Discontents by : Barbara Stark
Download or read book International Law and Its Discontents written by Barbara Stark and published by . This book was released on 2015 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis How to Do Things with International Law by : Ian Hurd
Download or read book How to Do Things with International Law written by Ian Hurd and published by Princeton University Press. This book was released on 2019-08-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.
Book Synopsis The Impact of International Organizations on International Law by : José E. Alvarez
Download or read book The Impact of International Organizations on International Law written by José E. Alvarez and published by BRILL. This book was released on 2016-12-01 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of International Organizations on International Law by Jose Alvarez addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law
Book Synopsis Euroconstitutionalism and its Discontents by : Oliver Gerstenberg
Download or read book Euroconstitutionalism and its Discontents written by Oliver Gerstenberg and published by Oxford University Press. This book was released on 2018-11-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.
Book Synopsis Law Through the Life Course by : Herring, Jonathan
Download or read book Law Through the Life Course written by Herring, Jonathan and published by Policy Press. This book was released on 2021-05-03 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court decisions are typically seen as one-off interventions relating to an incident in a person’s life, but a legal decision can impact on the person as they were and the person they will become. This book is the first to explore the interactions of the law with the life course in order to understand the complex life journey as a whole. Jonathan Herring reveals how the law privileges ‘middle age’ to the detriment of the whole life story and explains why an understanding of the life course is important for lawyers. Relevant to those working in family law, elder law, medical law and ethics, jurisprudence, gender and the law, it will promote new thinking by exploring the engagement of the law with the life course of the self.
Book Synopsis Globalization and Its Discontents by : Joseph E. Stiglitz
Download or read book Globalization and Its Discontents written by Joseph E. Stiglitz and published by W. W. Norton & Company. This book was released on 2003-04-17 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerful, unsettling book gives us a rare glimpse behind the closed doors of global financial institutions by the winner of the 2001 Nobel Prize in Economics. When it was first published, this national bestseller quickly became a touchstone in the globalization debate. Renowned economist and Nobel Prize winner Joseph E. Stiglitz had a ringside seat for most of the major economic events of the last decade, including stints as chairman of the Council of Economic Advisers and chief economist at the World Bank. Particularly concerned with the plight of the developing nations, he became increasingly disillusioned as he saw the International Monetary Fund and other major institutions put the interests of Wall Street and the financial community ahead of the poorer nations. Those seeking to understand why globalization has engendered the hostility of protesters in Seattle and Genoa will find the reasons here. While this book includes no simple formula on how to make globalization work, Stiglitz provides a reform agenda that will provoke debate for years to come. Rarely do we get such an insider's analysis of the major institutions of globalization as in this penetrating book. With a new foreword for this paperback edition.
Book Synopsis Sovereignty and Its Discontents by : William Rasch
Download or read book Sovereignty and Its Discontents written by William Rasch and published by Psychology Press. This book was released on 2004 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing for the centrality of conflict in any notion of the political, this book puts forward the case for the logical and/or ontological primacy of violence over 'peace'.
Book Synopsis When States Take Rights Back by : Émilien Fargues
Download or read book When States Take Rights Back written by Émilien Fargues and published by Routledge. This book was released on 2020-06-09 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: When States Take Rights Back draws on contributions by international experts in history, law, political science, and sociology, offering a rare interdisciplinary and comparative examination of citizenship revocation in five countries, revealing hidden government rationales and unintended consequences. Once considered outdated, citizenship revocation – also called deprivation or denationalization – has come back to the political center in many Western liberal states. Contributors scrutinize the positions of stakeholders (e.g. civil servants, representatives of civil society, judges, supranational institutions) and their diverse rationales for citizenship revocation (e.g. allegations of terrorism, treason, espionage, criminal behaviour, and fraud in the naturalisation process). The volume also uncovers the variety of tools that national governments have at their disposition to change existing citizenship revocation laws and policies, and the constraints that they are faced with to actually implement citizenship revocation in daily operations. Finally, contributors underscore the extraordinary severity of sanctions implied by citizenship revocation and offer a nuanced picture of the material and symbolic forms of exclusion not only for those whose citizenship is withdrawn but also for minority groups (wrongly) associated with the aforementioned allegations. Indeed, revocation policies target not merely individuals but specific collective categories, which tend to be ethno-racially constructed and attributed specific location within the international status hierarchy of nation-states. International and interdisciplinary in scope, When States Take Rights Back will be of great interest to scholars of politics, international law, sociology and political and legal history, and Human Rights. The chapters were originally published in Citizenship Studies.
Book Synopsis Citizenship and Its Discontents by : Thanassis Cambanis
Download or read book Citizenship and Its Discontents written by Thanassis Cambanis and published by Century Foundation Press. This book was released on 2019-09-17 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pluralism and rights are under threat from communal violence, authoritarianism, and religious identity politics. How is the Middle East attempting to create more inclusive rights and citizenship? How do religious and nonreligious minorities envision their future in the region? On what basis can communities enjoy citizenship or seek rights in an era when law increasingly draws on religion and majoritarianism for its legitimacy? In this volume, researchers and activists draw on extensive fieldwork to open a new line of discussion in the Middle East as well as among Western policymakers. The question of belonging is more urgent than ever, as governments promote a simplistic discourse that opposes secularism and promotes a MuslimsversusChristians or SunniversusShia read of contemporary conflicts. Contributors include Rohan Advani, Mustafa Akyol, Zaid alAli, Lina Attalah, Melani Cammett, Joseph Daher, Cale Salih, Maria Fantappie, Mark Farha, Mona Fawaz, Fanar Haddad, Yassin AlHaj Saleh, Karl Sharro, and Elizabeth Thompson.
Book Synopsis Deliberative Democracy and its Discontents by : Jose Luis Marti
Download or read book Deliberative Democracy and its Discontents written by Jose Luis Marti and published by Routledge. This book was released on 2017-03-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. Its contributions' focus on discontent, provide a critical assessment of the benefits of deliberation and also respond to the strongest criticisms of the idea of democratic deliberation. The essays consider the three basic questions of why, how and where to deliberate democratically. This book will be of value not only to political and democratic theorists, but also to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and post-national pluralistic polities.
Book Synopsis Innovation and Its Discontents by : Adam B. Jaffe
Download or read book Innovation and Its Discontents written by Adam B. Jaffe and published by Princeton University Press. This book was released on 2011-05-27 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.
Book Synopsis At the Margins of Globalization by : Sergio Puig
Download or read book At the Margins of Globalization written by Sergio Puig and published by Cambridge University Press. This book was released on 2021-05-13 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how Indigenous Peoples are impacted by globalization and the cult of the individual that often accompanies the phenomenon.
Download or read book Tying the Knot written by Rebecca Probert and published by Cambridge University Press. This book was released on 2021-09-23 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Marriage Act 1836 established the foundations of modern marriage law, allowing couples to marry in register offices and non-Anglican places of worship for the first time. Rebecca Probert draws on an exceptionally wide range of primary sources to provide the first detailed examination of marriage legislation, social practice, and their mutual interplay, from 1836 through to the unanticipated demands of the 2020 coronavirus pandemic. She analyses how and why the law has evolved, closely interrogating the parliamentary and societal debates behind legislation. She demonstrates how people have chosen to marry and how those choices have changed, and evaluates how far the law has been help or hindrance in enabling couples to marry in ways that reflect their beliefs, be they religious or secular. In an era of individual choice and multiculturalism, Tying the Knot sign posts possible ways in which future legislators might avoid the pitfalls of the past.
Book Synopsis Private International Law and Global Governance by : Horatia Muir Watt
Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by OUP Oxford. This book was released on 2014-12-18 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
