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Author : BANU.
Publisher :
ISBN 13 : 9780191860102
Total Pages : pages
Book Rating : 4.8/5 (61 download)
Download or read book 19TH CENTURY PERSPECTIVES ON PRIVATE INTERNATIONAL LAW. written by BANU. and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Inge Van Hulle
Publisher : BRILL
ISBN 13 : 9004412085
Total Pages : 242 pages
Book Rating : 4.0/5 (44 download)
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.
Author : Roxana Banu
Publisher : Oxford University Press
ISBN 13 : 0192551744
Total Pages : 352 pages
Book Rating : 4.1/5 (925 download)
Download or read book Nineteenth Century Perspectives on Private International Law written by Roxana Banu and published by Oxford University Press. This book was released on 2018-07-19 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.
Author : Arnulf Becker Lorca
Publisher : Cambridge University Press
ISBN 13 : 1316194051
Total Pages : 591 pages
Book Rating : 4.3/5 (161 download)
Download or read book Mestizo International Law written by Arnulf Becker Lorca and published by Cambridge University Press. This book was released on 2015-01-01 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.
Author : Academie de Droit International de la Haye
Publisher : Springer
ISBN 13 : 9789041114891
Total Pages : 400 pages
Book Rating : 4.1/5 (148 download)
Download or read book Recueil Des Cours/Collected Courses (2000) written by Academie de Droit International de la Haye and published by Springer. This book was released on 2000-11-29 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Professor David McClean proposes in his general course on private international law to examine current features of private international law in the light of their development over the past 50, 100, or 150 years. Professor McClean starts with placing private international law in its historical perspective by presenting the views of a various authors. He then examines personal status. In the third chapter, Professor McClean describes the developments in personal relationships, the changing lifestyles (polygamy, divorce, homosexual partnerships). The fourth chapter is dedicated to business law, and the fifth to contractual matters in a world that has changed considerably over the last century, from steamboats to cyberspace. Chapter VI is dedicated to the law of torts, taking as its starting point an analysis of an American decision arising out of the crash of a large jet aircraft. Chapter VII deals with the impact of changing political structures on the content of private international law (with specific references to the United States, Canada and Australia). In the last three chapters, Professor McClean discusses the role of the judge and of the litigant. Professor McLean's approach of the subject is both theoretical (with many references to Savigny) and based on many practical examples"--Publisher's description.
Author : Pamela Slotte
Publisher : Cambridge University Press
ISBN 13 : 1108642950
Total Pages : 535 pages
Book Rating : 4.1/5 (86 download)
Download or read book Christianity and International Law written by Pamela Slotte and published by Cambridge University Press. This book was released on 2021-05-20 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cross-disciplinary collaboration offers historical and contemporary scholarship exploring the interface of Christianity and international law. Christianity and International Law aims to understand and move past arguments, narratives and tropes that commonly frame law-religion studies in global governance. Readers are introduced to a range of confessional and critical perspectives explicitly engaging a diverse range of methodological and theoretical orientations to rethink how we experience and find ourselves caught within the phenomena of Christianity and international law.
Author : Franco Ferrari
Publisher : Edward Elgar Publishing
ISBN 13 : 1789906903
Total Pages : 520 pages
Book Rating : 4.7/5 (899 download)
Download or read book Private International Law written by Franco Ferrari and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Author : Mark Swatek-Evenstein
Publisher : Cambridge University Press
ISBN 13 : 110706192X
Total Pages : 291 pages
Book Rating : 4.1/5 (7 download)
Download or read book A History of Humanitarian Intervention written by Mark Swatek-Evenstein and published by Cambridge University Press. This book was released on 2020-02-13 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the historical narratives surrounding humanitarian intervention, presenting an undogmatic, alternative history of human rights protection.
Author : Annabel Brett
Publisher : Cambridge University Press
ISBN 13 : 1108905188
Total Pages : 423 pages
Book Rating : 4.1/5 (89 download)
Download or read book History, Politics, Law written by Annabel Brett and published by Cambridge University Press. This book was released on 2021-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historians of political thought and international lawyers have both expanded their interest in the formation of the present global order. History, Politics, Law is the first express encounter between the two disciplines, juxtaposing their perspectives on questions of method and substance. The essays throw light on their approaches to the role of politics and the political in the history of the world beyond the single polity. They discuss the contrast between practice and theory as well as the role of conceptual and contextual analyses in both fields. Specific themes raised for both disciplines include statehood, empires and the role of international institutions, as well as the roles of economics, innovation and gender. The result is a vibrant cross-section of contrasts and parallels between the methods and practices of the two disciplines, demonstrating the many ways in which both can learn from each other.
Author : Xandra Kramer
Publisher : Edward Elgar Publishing
ISBN 13 : 1800375530
Total Pages : 409 pages
Book Rating : 4.8/5 (3 download)
Download or read book Research Methods in Private International Law written by Xandra Kramer and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.
Author : Symeon C. Symeonides
Publisher : BRILL
ISBN 13 : 9004503919
Total Pages : 502 pages
Book Rating : 4.0/5 (45 download)
Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
Author : VINCENT EDT CHETAIL
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004194630
Total Pages : 462 pages
Book Rating : 4.0/5 (41 download)
Download or read book Le Droit International de Vattel Vu Du XXIe Siècle written by VINCENT EDT CHETAIL and published by Martinus Nijhoff Publishers. This book was released on 2011-05-23 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: No other scholar has so deeply influenced the development of international law or shaped the doctrinal debates as Vattel. More than 250 years after its publication, his Law of Nations has remained the most frequently quoted treatise of international law. This volume explores the reasons behind the extraordinary authority of Vattel and analyses its continuing relevance for thinking and understanding contemporary international law.
Author : Ludwig von Bar
Publisher :
ISBN 13 :
Total Pages : 1222 pages
Book Rating : 4.3/5 (511 download)
Download or read book The Theory and Practice of Private International Law written by Ludwig von Bar and published by . This book was released on 1892 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Horatia Muir Watt
Publisher : OUP Oxford
ISBN 13 : 0191043370
Total Pages : 350 pages
Book Rating : 4.1/5 (91 download)
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.
Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1139479733
Total Pages : pages
Book Rating : 4.1/5 (394 download)
Download or read book The Confluence of Public and Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2009-07-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.
Author : Veronica Ruiz Abou-Nigm
Publisher : Edinburgh University Press
ISBN 13 : 1474447872
Total Pages : 416 pages
Book Rating : 4.4/5 (744 download)
Download or read book Diversity and Integration in Private International Law written by Veronica Ruiz Abou-Nigm and published by Edinburgh University Press. This book was released on 2019-08-21 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.
Author :
Publisher : BRILL
ISBN 13 : 9004511431
Total Pages : 440 pages
Book Rating : 4.0/5 (45 download)
Download or read book Intellectual Property and the Law of Nations, 1860-1920 written by and published by BRILL. This book was released on 2022-05-16 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents new narratives on the emergence of intellectual property rights in the law of nations during the late nineteenth century and early twentieth century. The collection reveals the extent to which various forms of intellectual property protection eventually shaped contemporary international law.
