International Legal Positivism In A Post Modern World

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International Legal Positivism in a Post-Modern World

Author : Jörg Kammerhofer
Publisher : Cambridge University Press
ISBN 13 : 1316062384
Total Pages : 555 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis International Legal Positivism in a Post-Modern World by : Jörg Kammerhofer

Download or read book International Legal Positivism in a Post-Modern World written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2014-10-06 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.

International Legal Positivism in a Post-Modern World

Author : Jörg Kammerhofer
Publisher : Cambridge University Press
ISBN 13 : 1107019265
Total Pages : 555 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Legal Positivism in a Post-Modern World by : Jörg Kammerhofer

Legal Positivism in a Global and Transnational Age

Author : Luca Siliquini-Cinelli
Publisher : Springer Nature
ISBN 13 : 3030247058
Total Pages : 315 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Legal Positivism in a Global and Transnational Age by : Luca Siliquini-Cinelli

Download or read book Legal Positivism in a Global and Transnational Age written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on 2019-08-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.

The Nature of International Law

Author : Miodrag A. Jovanović
Publisher : Cambridge University Press
ISBN 13 : 1108473334
Total Pages : 287 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Nature of International Law by : Miodrag A. Jovanović

Download or read book The Nature of International Law written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2019-04-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

Cyber-espionage in international law

Author : Thibault Moulin
Publisher : Manchester University Press
ISBN 13 : 1526168022
Total Pages : 183 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis Cyber-espionage in international law by : Thibault Moulin

Download or read book Cyber-espionage in international law written by Thibault Moulin and published by Manchester University Press. This book was released on 2023-05-02 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: While espionage between states is a practice dating back centuries, the emergence of the internet revolutionised the types and scale of intelligence activities, creating drastic new challenges for the traditional legal frameworks governing them. This book argues that cyber-espionage has come to have an uneasy status in law: it is not prohibited, because spying does not result in an internationally wrongful act, but neither is it authorised or permitted, because states are free to resist foreign cyber-espionage activities. Rather than seeking further regulation, however, governments have remained purposefully silent, leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent falling victim to it. Drawing on detailed analysis of state practice and examples from sovereignty, diplomacy, human rights and economic law, this book offers a comprehensive overview of the current legal status of cyber-espionage, as well as future directions for research and policy. It is an essential resource for scholars and practitioners in international law, as well as anyone interested in the future of cyber-security.

A Landscape of Contemporary Theories of International Law

Author : Emmanuel Roucounas
Publisher : BRILL
ISBN 13 : 9004385363
Total Pages : 731 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis A Landscape of Contemporary Theories of International Law by : Emmanuel Roucounas

Download or read book A Landscape of Contemporary Theories of International Law written by Emmanuel Roucounas and published by BRILL. This book was released on 2019-09-16 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.

The Persistent Objector Rule in International Law

Author : James A. Green
Publisher : Oxford University Press
ISBN 13 : 0198704216
Total Pages : 353 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Persistent Objector Rule in International Law by : James A. Green

Download or read book The Persistent Objector Rule in International Law written by James A. Green and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.

Judicial Decisions in International Law Argumentation

Author : Letizia Lo Giacco
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948961
Total Pages : 227 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Judicial Decisions in International Law Argumentation by : Letizia Lo Giacco

Download or read book Judicial Decisions in International Law Argumentation written by Letizia Lo Giacco and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion. Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts' resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the 'judicialisation turn' on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.

The Oxford Handbook of the Theory of International Law

Author : Anne Orford
Publisher : Oxford University Press
ISBN 13 : 0198701950
Total Pages : 1089 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of the Theory of International Law by : Anne Orford

Download or read book The Oxford Handbook of the Theory of International Law written by Anne Orford and published by Oxford University Press. This book was released on 2016 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: Histories -- Approaches -- Regimes and doctrines -- Debates

The Project of Positivism in International Law

Author : Mónica García-Salmones Rovira
Publisher : OUP Oxford
ISBN 13 : 0191508306
Total Pages : 442 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Project of Positivism in International Law by : Mónica García-Salmones Rovira

Download or read book The Project of Positivism in International Law written by Mónica García-Salmones Rovira and published by OUP Oxford. This book was released on 2013-11-28 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities. The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.

International organisations, non-State actors, and the formation of customary international law

Author : Sufyan Droubi
Publisher : Manchester University Press
ISBN 13 : 1526134179
Total Pages : 570 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis International organisations, non-State actors, and the formation of customary international law by : Sufyan Droubi

Download or read book International organisations, non-State actors, and the formation of customary international law written by Sufyan Droubi and published by Manchester University Press. This book was released on 2020-12-08 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers new practical and theoretical perspectives on one of the most complex questions regarding the formation of international law, namely that actors other than states contribute to the making of customary international law. Notwithstanding the International Law Commission’s valuable contribution, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals, as well as the most recent scholarly work on customary international law, this volume provides a comprehensive study of the contribution of international organisations and non-state actors to the formation of customary international law. With innovative tools and guidance for law students, legal scholars, and researchers in law, as well as legal practitioners, advisers, judges, arbitrators, and counsels, this collection is essential reading for those wishing to understand and address contemporary questions of international law-making.

Global Constitutionalism and the Path of International Law

Author : Surendra R. Bhandari
Publisher : BRILL
ISBN 13 : 900431346X
Total Pages : 409 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Global Constitutionalism and the Path of International Law by : Surendra R. Bhandari

Download or read book Global Constitutionalism and the Path of International Law written by Surendra R. Bhandari and published by BRILL. This book was released on 2016-05-04 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Constitutionalism and the Path of International Law offers an account of the most important growth and features of international law in the form of global constitutionalism. This book demonstrates how global constitutionalism is shaping the path of international law.

International Law Theories

Author : Andrea Bianchi
Publisher : Oxford University Press
ISBN 13 : 0191038210
Total Pages : 250 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis International Law Theories by : Andrea Bianchi

Download or read book International Law Theories written by Andrea Bianchi and published by Oxford University Press. This book was released on 2016-11-04 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

UK, EU and Global Administrative Law

Author : Paul Craig
Publisher : Cambridge University Press
ISBN 13 : 110712512X
Total Pages : 845 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis UK, EU and Global Administrative Law by : Paul Craig

Download or read book UK, EU and Global Administrative Law written by Paul Craig and published by Cambridge University Press. This book was released on 2015-10-26 with total page 845 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed analysis of the foundations and challenges of UK, EU and global administrative law.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Oxford University Press
ISBN 13 : 0197516750
Total Pages : 944 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press. This book was released on 2020-06-01 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.

Finnish Yearbook of International Law

Author : Jarna Petman
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254366
Total Pages : 560 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Finnish Yearbook of International Law by : Jarna Petman

Download or read book Finnish Yearbook of International Law written by Jarna Petman and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Volumes prior to volume 19 may be obtained from Martinus Nijhoff, an imprint of Brill Publishers.

The Oxford Handbook of the Sources of International Law

Author : Jean d'Aspremont
Publisher : Oxford University Press
ISBN 13 : 0191062545
Total Pages : 900 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of the Sources of International Law by : Jean d'Aspremont

Download or read book The Oxford Handbook of the Sources of International Law written by Jean d'Aspremont and published by Oxford University Press. This book was released on 2017-10-19 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.