Rethinking International Law

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Rethinking International Law and Justice

Author : Charles Sampford
Publisher : Routledge
ISBN 13 : 1317064119
Total Pages : 383 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Rethinking International Law and Justice by : Charles Sampford

Download or read book Rethinking International Law and Justice written by Charles Sampford and published by Routledge. This book was released on 2016-04-08 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

The Writing on the Wall

Author : Aeyal Gross
Publisher : Cambridge University Press
ISBN 13 : 1107145961
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Writing on the Wall by : Aeyal Gross

Download or read book The Writing on the Wall written by Aeyal Gross and published by Cambridge University Press. This book was released on 2017-04-06 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of Israel's control of the Occupied Palestinian Territory, advocating a normative and functional approach.

Rethinking International Organizations

Author : Dennis Dijkzeul
Publisher : Berghahn Books
ISBN 13 : 9781571816566
Total Pages : 370 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Rethinking International Organizations by : Dennis Dijkzeul

Download or read book Rethinking International Organizations written by Dennis Dijkzeul and published by Berghahn Books. This book was released on 2003 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The management of international organizations is attracting growing attention. Most of this attention is highly critical of both the UN system and International NGOs. Sometimes, this criticism lacks depth or reflects insufficient understanding of these organizations, or is based on narrow, and sometimes biased, internal political concerns of a particular country. International relations theory has insufficiently studied the type of linkages that these organizations provide between international decision-making and Northern fundraising on the one hand, and practical action in the South on the other. As a result, current theory too rarely focuses on the inner functioning of these organizations and is unable to explain the deficiencies and negative outcomes of their work. While the authors identify and describe the pathologies of international organizations in, for example, international diplomacy, fundraising, and implementation, they also stress positive elements, such as their intermediary role. The latter, in particular, could form the basis of more efficient and effective policies, in addition to other recent trends, also described in this volume, that hold hope for a stronger functioning of these organizations in the future. This book presents a long overdue empirical and theoretical overview of criticism on and cures for these organizations. It provides a fundamental rethinking of current approaches to the management of international organizations.

Rethinking International Relations

Author : Bertrand Badie
Publisher : Edward Elgar Publishing
ISBN 13 : 1789904757
Total Pages : 218 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Rethinking International Relations by : Bertrand Badie

Download or read book Rethinking International Relations written by Bertrand Badie and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thought-provoking book, Bertrand Badie argues that the traditional paradigms of international relations are no longer sustainable, and that ignorance of these shifting systems and of alternative models is a major source of contemporary international conflict and disorder. Through a clear examination of the political, historical and social context, Badie illuminates the challenges and possibilities of an ‘intersocial’ and multilateral approach to international relations.

Globalization and Sovereignty

Author : Jean L. Cohen
Publisher : Cambridge University Press
ISBN 13 : 1139560263
Total Pages : 455 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Globalization and Sovereignty by : Jean L. Cohen

Download or read book Globalization and Sovereignty written by Jean L. Cohen and published by Cambridge University Press. This book was released on 2012-08-02 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

General Principles as a Source of International Law

Author : Imogen Saunders
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936084
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis General Principles as a Source of International Law by : Imogen Saunders

Download or read book General Principles as a Source of International Law written by Imogen Saunders and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.

Rethinking Judicial Jurisdiction in Private International Law

Author : Milana Karayanidi
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924787
Total Pages : 294 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Rethinking Judicial Jurisdiction in Private International Law by : Milana Karayanidi

Download or read book Rethinking Judicial Jurisdiction in Private International Law written by Milana Karayanidi and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.

Rethinking International Commercial Arbitration

Author : Gilles Cuniberti
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432404
Total Pages : 345 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Rethinking International Commercial Arbitration by : Gilles Cuniberti

Download or read book Rethinking International Commercial Arbitration written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.

The Regulation of Continental Shelf Development

Author : Myron H. Nordquist
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004256849
Total Pages : 392 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Regulation of Continental Shelf Development by : Myron H. Nordquist

Download or read book The Regulation of Continental Shelf Development written by Myron H. Nordquist and published by Martinus Nijhoff Publishers. This book was released on 2013-08-22 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lack of international conventional law governing the operational aspects of continental shelf activity may be characterized as unfinished business of the UN Convention on the Law of the Sea. The Convention, adopted in 1982, generally addressed the issue but did not consider more detailed development of the legal regime for the continental shelf. In The Regulation of Continental Shelf Development: Rethinking International Standards, leading experts from around the world identify and explore a multitude of unresolved legal concerns related to the continental shelf. The current state of continental shelf activities is explored through the following lenses: • Contemporary uses, including an overview on offshore wind energy in the EU, an analysis of the use of submarine cables under UNCLOS, and a discussion of the varied potential for mining marine materials; • Emerging challenges, such as ISA seabed mining standards, the recent ITLOS decision regarding the Bay of Bengal, and the role of the IMO in establishing safety standards for transboundary effects of oil pollution for offshore platforms; • Comparative best practices in environmental regulation; • Probabilistic risk assessment, with a thorough definition of PRA and a critical examination of continental shelf disasters; • Decommissioning offshore installations and structures, including an overview of the global regime as particularly provided in Articles 60(3) and 80 of UNCLOS; • Liability and compensation; and finally, • Unfinished business on UNCLOS III. The varied voices of experts collected within The Regulation of Continental Shelf Development: Rethinking International Standards offer a timely understanding of past, present, and future issues related to the continental shelf. The volume is a must-read for all those interested in environmental law and the law of the sea.

Rethinking the Law School

Author : Carel Stolker
Publisher : Cambridge University Press
ISBN 13 : 1107073898
Total Pages : 471 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Rethinking the Law School by : Carel Stolker

Download or read book Rethinking the Law School written by Carel Stolker and published by Cambridge University Press. This book was released on 2014-12-11 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a former dean, this book offers a unique understanding of challenges facing legal education, research, publishing and governance.

Rethinking Human Rights

Author : D. Chandler
Publisher : Springer
ISBN 13 : 1403914265
Total Pages : 254 pages
Book Rating : 4.4/5 (39 download)

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Book Synopsis Rethinking Human Rights by : D. Chandler

Download or read book Rethinking Human Rights written by D. Chandler and published by Springer. This book was released on 2002-11-26 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Human Rights brings together a team of authors from fields as diverse as political theory, peace studies, international law and media studies - concerned with a new international agenda of human rights promotion. The collection presents an original and tightly argued critique of current trends and deals with a range of questions concerning the implication of human rights approaches for humanitarian aid, state sovereignty, international law, democracy and political autonomy.

Lacan, Deleuze and World Politics

Author : Andreja Zevnik
Publisher : Routledge
ISBN 13 : 131727492X
Total Pages : 245 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Lacan, Deleuze and World Politics by : Andreja Zevnik

Download or read book Lacan, Deleuze and World Politics written by Andreja Zevnik and published by Routledge. This book was released on 2016-02-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to re-think the way in which the subject is inscribed in the modern political, and does so by exploring the potentiality of Lacano-Deleuzian theoretical framework. It concerns a different ontology and a non-dualist understanding of political and legal existence, by focusing on questions such as how to think alternative notions of political existence and what kind of political, social and legal order do these come to create. This investigation into political appearance of subjects through concepts of law, body and life is led and influenced by the thought of Gilles Deleuze and Jacques Lacan, as well as Alain Badiou, Antonio Negri and Slavoj Žižek. The book takes on various conceptualisations of life, explores the relationship between law and life and develops an alternative notion of legal and political existence in particular in the context of rights. On the back of Guantánamo’s legal and political discourses this work aims to show why and how the problems of world politics or the limitations of (human) rights discourse require an engagement with questions such as what it means to exist as a human being, what forms of life are politically recognised, which are not, and why this distinction. By pointing to a different ontology for thinking and understanding global politics and demonstrating how a trans-disciplinary and philosophical approaches can foster the debates in world politics, this book will be of interest to postgraduates and scholars working on critical normative ideas in international politics, critical security studies and critical legal studies.

Rethinking Humanitarian Intervention

Author : Brian D. Lepard
Publisher : Penn State Press
ISBN 13 : 9780271046952
Total Pages : 524 pages
Book Rating : 4.0/5 (469 download)

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Book Synopsis Rethinking Humanitarian Intervention by : Brian D. Lepard

Download or read book Rethinking Humanitarian Intervention written by Brian D. Lepard and published by Penn State Press. This book was released on 2010-11-01 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: [In this text, the author] provides [an] exploration of legal and moral justifications for humanitarian intervention ... He opens new analytic vistas and provides a foundation for resolving conflicts over the content of the law. He [also] applies the framework in masterly examinations of intervention in Bosnia, Somalia, Rwanda, Haiti, and Kosovo.-Back cover.

The Impact of International Law on International Cooperation

Author : Eyal Benvenisti
Publisher : Cambridge University Press
ISBN 13 : 9781139456067
Total Pages : 336 pages
Book Rating : 4.4/5 (56 download)

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Book Synopsis The Impact of International Law on International Cooperation by : Eyal Benvenisti

Download or read book The Impact of International Law on International Cooperation written by Eyal Benvenisti and published by Cambridge University Press. This book was released on 2004-09-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is an understanding of the forces that pull states toward closer cooperation or prevent them from doing so, and the impact of different types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states' incentives to cooperate through the design of norms and institutions.

Rethinking Legal Reasoning

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
ISBN 13 : 1784712612
Total Pages : 374 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Rethinking Legal Reasoning by : Geoffrey Samuel

Download or read book Rethinking Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?

Rethinking US Election Law

Author : Steven Mulroy
Publisher : Edward Elgar Publishing
ISBN 13 : 1788117514
Total Pages : 176 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Rethinking US Election Law by : Steven Mulroy

Download or read book Rethinking US Election Law written by Steven Mulroy and published by Edward Elgar Publishing. This book was released on with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.

Rethinking Food Systems

Author : Nadia C.S. Lambek
Publisher : Springer Science & Business Media
ISBN 13 : 9400777787
Total Pages : 260 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Rethinking Food Systems by : Nadia C.S. Lambek

Download or read book Rethinking Food Systems written by Nadia C.S. Lambek and published by Springer Science & Business Media. This book was released on 2014-01-10 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking as a starting point that hunger results from social exclusion and distributional inequities and that lasting, sustainable and just solutions are to be found in changing the structures that underlie our food systems, this book examines how law shapes global food systems and their ongoing transformations. Using detailed case studies, historical mapping and legal analysis, the contributors show how various actors (farmers, civil society groups, government officials, international bodies) use or could use different legal tools (legislative, jurisprudential, norm-setting) on various scales (local, national, regional, global) to achieve structural changes in food systems. Section 1, Institutionalizing New Approaches, explores the possibility of institutionalizing social change through two alternative visions for change – the right to food and food sovereignty. Individual chapters discuss Vía Campesina’s struggle to implement food sovereignty principles into international trade law, and present case studies on adopting food sovereignty legislation in Nicaragua and right to food legislation in Uganda. The chapters in Section 2, Regulating for Change, explore the extent to which the regulation of actors can or cannot change incentives and produce transformative results in food systems. They look at the role of the state in regulating its own actions as well as the actions of third parties and analyze various means of regulating land grabs. The final section, Governing for Better Food Systems, discusses the fragmentation of international law and the impacts of this fragmentation on the realization of human rights. These chapters trace the underpinnings of the current global food system, explore the challenges of competing regimes of intellectual property, farmers rights and human rights, and suggest new modes of governance for global and local food systems. The stakes for building better food systems are high. Our current path leaves many behind, destroying the environment and entrenching inequality and systemic poverty. While it is commonly understood that legal structures are at the heart of food systems, the legal academy has yet to make a significant contribution to recent discussions on improving food systems - this book aims to fill that gap.