Soviet Legal Innovation And The Law Of The Western World

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Soviet Legal Innovation and the Law of the Western World

Author : John Quigley
Publisher : Cambridge University Press
ISBN 13 : 9781107406254
Total Pages : 0 pages
Book Rating : 4.4/5 (62 download)

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Book Synopsis Soviet Legal Innovation and the Law of the Western World by : John Quigley

Download or read book Soviet Legal Innovation and the Law of the Western World written by John Quigley and published by Cambridge University Press. This book was released on 2012-08-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains an interaction between Soviet Russia and the West that has been overlooked in much of the analysis of the demise of the USSR. Legislation strikingly similar to the Marxist-inspired laws of Soviet Russia found its way into the legal systems of the Western world. Even though Western governments were at odds with the Soviet government, they were affected by the ideas it put forth. Western law was transformed radically during the course of the twentieth century, and much of that change was along lines first charted in Soviet law.

Soviet Legal Innovation and the Law of the Western World

Author : John B. Quigley
Publisher :
ISBN 13 : 9780511342141
Total Pages : 256 pages
Book Rating : 4.3/5 (421 download)

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Book Synopsis Soviet Legal Innovation and the Law of the Western World by : John B. Quigley

Download or read book Soviet Legal Innovation and the Law of the Western World written by John B. Quigley and published by . This book was released on 2007 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the Soviet style of law that was adopted slowly in the West during the twentieth century.

Russian Approaches to International Law

Author : Lauri Mälksoo
Publisher : OUP Oxford
ISBN 13 : 019103469X
Total Pages : 241 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Russian Approaches to International Law by : Lauri Mälksoo

Download or read book Russian Approaches to International Law written by Lauri Mälksoo and published by OUP Oxford. This book was released on 2015-03-05 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.

Select Proceedings of the European Society of International Law, Volume 3, 2010

Author : James Crawford
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318762
Total Pages : 460 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Select Proceedings of the European Society of International Law, Volume 3, 2010 by : James Crawford

Download or read book Select Proceedings of the European Society of International Law, Volume 3, 2010 written by James Crawford and published by Bloomsbury Publishing. This book was released on 2012-01-09 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Fourth Biennial Conference organised by ESIL and the University of Cambridge in 2010. The title of the conference was 'International Law 1989-2010: A Performance Appraisal'. The highlights, selected for publication in this volume, cover a wide spectrum of topics in international law.

International Law in the Russian Legal System

Author : John Edward Fowler Distinguished Professor of Law William Butler
Publisher : Oxford University Press, USA
ISBN 13 : 0198842945
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis International Law in the Russian Legal System by : John Edward Fowler Distinguished Professor of Law William Butler

Download or read book International Law in the Russian Legal System written by John Edward Fowler Distinguished Professor of Law William Butler and published by Oxford University Press, USA. This book was released on 2020-09-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

Completing Humanity

Author : Umut Özsu
Publisher : Cambridge University Press
ISBN 13 : 1108427693
Total Pages : 353 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Completing Humanity by : Umut Özsu

Download or read book Completing Humanity written by Umut Özsu and published by Cambridge University Press. This book was released on 2023-10-31 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the history of the rise and fall of the twentieth century's last major attempt to decolonize international law.

The Rise of Western Power

Author : Jonathan Daly
Publisher : A&C Black
ISBN 13 : 1441118519
Total Pages : 665 pages
Book Rating : 4.4/5 (411 download)

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Book Synopsis The Rise of Western Power by : Jonathan Daly

Download or read book The Rise of Western Power written by Jonathan Daly and published by A&C Black. This book was released on 2013-12-19 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: The West's history is one of extraordinary success; no other region, empire, culture, or civilization has left so powerful a mark upon the world. The Rise of Western Power charts the West's achievements-representative government, the free enterprise system, modern science, and the rule of law-as well as its misdeeds-two frighteningly destructive World Wars, the Holocaust, imperialistic domination, and the Atlantic slave trade. Adopting a global perspective, Jonathan Daly explores the contributions of other cultures and civilizations to the West's emergence. Historical, geographical, and cultural factors all unfold in the narrative. Adopting a thematic structure, the book traces the rise of Western power through a series of revolutions-social, political, technological, military, commercial, and industrial, among others. The result is a clear and engaging introduction to the history of Western civilization.

Red Britain

Author : Matthew Taunton
Publisher : Oxford University Press
ISBN 13 : 0192549936
Total Pages : 356 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Red Britain by : Matthew Taunton

Download or read book Red Britain written by Matthew Taunton and published by Oxford University Press. This book was released on 2019-04-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Red Britain sets out a provocative rethinking of the cultural politics of mid-century Britain by drawing attention to the extent, diversity, and longevity of the cultural effects of the Russian Revolution. Drawing on new archival research and historical scholarship, this book explores the conceptual, discursive, and formal reverberations of the Bolshevik Revolution in British literature and culture. It provides new insight into canonical writers including Doris Lessing, George Orwell, Dorothy Richardson, H.G Wells, and Raymond Williams, as well bringing to attention a cast of less-studied writers, intellectuals, journalists, and visitors to the Soviet Union. Red Britain shows that the cultural resonances of the Russian Revolution are more far-reaching and various than has previously been acknowledged. Each of the five chapters takes as its subject one particular problem or debate, and investigates the ways in which it was politicised as a result of the Russian Revolution and the subsequent development of the Soviet state. The chapters focus on the idea of the future; numbers and arithmetic; law and justice; debates around agriculture and landowning; and finally orality, literacy, and religion. In all of these spheres, Red Britain shows how the medievalist, romantic, oral, pastoral, anarchic, and ethical emphases of English socialism clashed with, and were sometimes overwritten by, futurist, utilitarian, literate, urban, statist, and economistic ideas associated with the Bolshevik Revolution.

Palestine Membership in the United Nations

Author : Mutaz Qafisheh
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443869740
Total Pages : 460 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Palestine Membership in the United Nations by : Mutaz Qafisheh

Download or read book Palestine Membership in the United Nations written by Mutaz Qafisheh and published by Cambridge Scholars Publishing. This book was released on 2014-10-16 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to bridge the scientific gap that exists with regard to Palestine’s membership of the UN as a State. As international law cannot operate outside the context of the global political atmosphere, the book focuses on the international legal dimension as well as the political/practical aspects of UN statehood recognition. With chapters written by leading international scholars, this collection is directed to those concerned with the strengthening of international law and the UN. Complex issues of representation and the confusing situation of citizenship, given the multiple residential circumstances in which Palestinians are forced to live, are explored with unsurpassed clarity. This invaluable contribution to the scholarly literature offers an ideal point of departure for understanding the core issues as they exist at this time. In this volume, Dr Qafisheh and eighteen other contributors go beyond the direct implications of Palestinian statehood within the UN to consider the prospects for a resolution of one of the longest conflicts in history. The UN statehood resolution of November 2012 reaffirms the two-State consensus which increasingly seems to be a desert mirage without any prospect of being realized. What self-determination might mean in light of this background, where the two-State solution seems to be nearing the end of its sunset phase, is explored in creative ways throughout the book. The book consists of three parts. Part I presents the framework of Palestine’s UN membership, its legal and political foundations, its implications for PLO representation, Palestinian refugees and population status, and its impact on concerned parties. Part II focuses on selected issues that arise in relation to Palestine’s UN membership, including human rights, humanitarian law, international criminal law, prisoners, Jerusalem, water and the accession to the WTO. Part III connects the history with future solutions for Palestinian-Israeli conflict.

Law and the Making of the Soviet World

Author : Scott Newton
Publisher : Routledge
ISBN 13 : 1317929772
Total Pages : 357 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Law and the Making of the Soviet World by : Scott Newton

Download or read book Law and the Making of the Soviet World written by Scott Newton and published by Routledge. This book was released on 2014-11-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an unconventional reappraisal of Soviet law: a field that is ripe for re-evaluation, now that it is clear of Cold War cobwebs; and, as this book shows, one that is surprisingly topical and newly compelling. Scott Newton argues here that the Soviet order was a work of law. Drawing on a wide range of sources – including Russian-language Soviet statues and regulations, jurisprudence, legal theory, and English-language ‘legal Kremlinology’ – this book analyses the central significance of law in the design and operation of Soviet economic, political, and social institutions. In arguing that it was an exemplary, rather than aberrant, case of the uses to which law was put in twentieth-century industrialised societies, Law and the Making of the Soviet World: The Red Demiurge provides an insightful account of both the significance of modern law in the Soviet case and the significance of the Soviet case for modern law.

Complaints to the Authorities in Russia

Author : Elena Bogdanova
Publisher : Routledge
ISBN 13 : 1351389734
Total Pages : 153 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Complaints to the Authorities in Russia by : Elena Bogdanova

Download or read book Complaints to the Authorities in Russia written by Elena Bogdanova and published by Routledge. This book was released on 2021-06-10 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the process of legal modernization in Russia from the development of the mechanism of complaints addressed to the authorities from the pre-revolutionary period to today. It analyzes wide-ranging data and sources, collected over 17 years, such as legislation, in-depth interviews, archival materials, original texts, and examples of different methods of complaints in Soviet and contemporary Russia. Being marginal to the legal system and almost invisible for researchers of legal development, the complaint mechanism has functioned as an extremely important way of restoring justice, available to the majority of people in Russia for centuries. It has survived several historical gaps and, in a sense, acts as a thread that stitches together different eras, coexisting with the establishment and modernization of legal institutions, compensating, accompanying, and sometimes substituting for them. The research covers a period of over 100 years, and shows how and why at major historical crossroads, Russia chooses between full-fledged legal modernization and saving the authoritarian social contract between the state and society. This book will be especially useful to scholars researching Soviet society and Post-Soviet transformations, socio-legal studies, and liberal legal reforms, but will also appeal to those working in the broader fields of Russian politics, the history of Soviet society and justice issues more generally.

The Turning Point in Private Law

Author : Ugo Mattei
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435187
Total Pages : 262 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Turning Point in Private Law by : Ugo Mattei

Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

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

Research Handbook on Law and Marxism

Author : O’Connell, Paul
Publisher : Edward Elgar Publishing
ISBN 13 : 178811986X
Total Pages : 608 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Law and Marxism by : O’Connell, Paul

Download or read book Research Handbook on Law and Marxism written by O’Connell, Paul and published by Edward Elgar Publishing. This book was released on 2021-12-14 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.

International Law and Empire

Author : Martti Koskenniemi
Publisher : Oxford University Press
ISBN 13 : 0198795572
Total Pages : 417 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law and Empire by : Martti Koskenniemi

Download or read book International Law and Empire written by Martti Koskenniemi and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the relationship between international law and empire from early modernity to the present, this volume improves current understandings of the way international legal institutions, practices, and narratives have shaped imperial ideas about and structures of world governance.

Legal Form and the End of Law

Author : Cosmin Cercel
Publisher : Taylor & Francis
ISBN 13 : 1040152554
Total Pages : 273 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Legal Form and the End of Law by : Cosmin Cercel

Download or read book Legal Form and the End of Law written by Cosmin Cercel and published by Taylor & Francis. This book was released on 2024-10-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the 100th anniversary of Pashukanis’ General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form. This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist – post-Marxist or hauntingly Marxist – legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy of the legal form. Instead, it mobilises the revolutionary conceptual potentialities that this term contains. When investigated thoroughly, and in many dimensions, the legal form becomes a privileged vantage point not only into the greatest law-related riddles of Marxism (such as the relation between economy and the state or withering away of statal apparatuses), but the whole of modernity as the epoch determined by – if not overlapping with – capitalism. This book aims to think with the legal form rather than explain this concept. In so doing, it offers a panoply of theoretical perspectives that address legal subjectivity, abstraction, autonomy of the law and, last but not least, withering away of the law. This contemporary interrogation of the relevance of the concept of legal form will be of considerable interest to scholars and students of legal and political theory.

Lawfare

Author : Christi Bartman
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443821985
Total Pages : 205 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Lawfare by : Christi Bartman

Download or read book Lawfare written by Christi Bartman and published by Cambridge Scholars Publishing. This book was released on 2010-04-16 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: One might ask why the Soviet Union so adamantly promoted the definition of aggression and aggressive war while, as many have noted, conducting military actions that appeared to violate the very definition they espoused in international treaties and conventions. Lawfare: Use of the Definition of Aggressive War by the Soviet and Russian Governments demonstrates that through the use of treaties the Soviet Union and Russian Federation practiced a program of “lawfare” long before the term became known. Lawfare, as applied in this work, is the manipulation or exploitation of the international legal system to supplement military and political objectives. This work is unique in that it not only traces the evolution of the definition of aggression and aggressive war from the Soviet and Russian Federation perspective, it looks at that progression both from the vantage point of leading edge legal legitimacy and its concurrent use as a means of lawfare to control other states legally, politically and equally as important, through the public media of propaganda.