The Future of the Commercial Contract in Scholarship and Law Reform

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Publisher : Springer
ISBN 13 : 3319959697
Total Pages : 472 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Future of the Commercial Contract in Scholarship and Law Reform by : Maren Heidemann

Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.

International Law and the Politics of History

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Publisher : Cambridge University Press
ISBN 13 : 1108480942
Total Pages : 395 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Law and the Politics of History by : Anne Orford

Download or read book International Law and the Politics of History written by Anne Orford and published by Cambridge University Press. This book was released on 2021-08-05 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

The Power of Legitimacy Among Nations

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Publisher :
ISBN 13 : 0195061780
Total Pages : 314 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis The Power of Legitimacy Among Nations by : Thomas M. Franck

Download or read book The Power of Legitimacy Among Nations written by Thomas M. Franck and published by . This book was released on 1990 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there is no international government, and no global police agency enforces the rules, nations obey international law. In this provocative study, Franck employs a broad range of historical, legal, sociological, anthropological, political, and philosophical modes of analysis to unravel the mystery of what makes states and people perceive rules as legitimate. Demonstrating that virtually all nations obey most rules nearly all of the time, Franck reveals that the more legitimate laws and institutions appear to be, the greater is their capacity for compliance. Distilling those factors which increase the perception of legitimacy, he shows how a community of rules can be fashioned from a system of sovereign states without creating a global leviathan.

Justice, Legitimacy, and Self-Determination

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Publisher : OUP Oxford
ISBN 13 : 0191522465
Total Pages : 528 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Justice, Legitimacy, and Self-Determination by : Allen Buchanan

Download or read book Justice, Legitimacy, and Self-Determination written by Allen Buchanan and published by OUP Oxford. This book was released on 2003-08-21 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

The Future of Law and Economics

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Publisher : Yale University Press
ISBN 13 : 0300216262
Total Pages : 248 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis The Future of Law and Economics by : Guido Calabresi

Download or read book The Future of Law and Economics written by Guido Calabresi and published by Yale University Press. This book was released on 2016-01-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Is International Law International?

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Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Is International Law International? by : Anthea Roberts

Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.

Law And Force In The New International Order

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Publisher : Routledge
ISBN 13 : 0429719396
Total Pages : 287 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Law And Force In The New International Order by : Lori Fisler Damrosch

Download or read book Law And Force In The New International Order written by Lori Fisler Damrosch and published by Routledge. This book was released on 2019-03-04 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Momentous events of recent years have shown the tremendous potential for developing and applying international law, even in the area that has always presented the greatest challenge to the rule of law—the use of force. The collaborative response by the United States, the Soviet Union, and other major powers to the Iraqi army's invasion and occupation of Kuwait showed unprecedented unity on the relevance of international law, its rules, and its enforceability through decisions of the UN Security Council. What explains this historic convergence of views? What differences remain about the legality of using armed force in the new international order that is emerging with the end of the Cold War? Law and Force in the New International Order offers a timely and comprehensive inquiry into the growing number of situations where the temptation or necessity to use military force confronts the tenets of international law. Distinguished American and Soviet legal scholars and practitioners explore the idea of the primacy of law over politics, the notion held by some that U.S. military force may be applied for the sake of democracy at a time when Moscow has rejected the Brezhnev Doctrine, the tension between collective security and collective self-defense during the Iraq-Kuwait crisis, and the prospects for the use of force being authorized by the United Nations and regional organizations. The contributors also examine the vexing legal issues raised by interventions to protect human rights, to overthrow "illegitimate" regimes, and to combat international terrorism and drug trafficking; the restraints on the use of force promised by new arms control agreements; and the future role of the World Court and other tribunals in preventing or settling disputes involving the threat or use of force.

Realizing Utopia

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Publisher : OUP Oxford
ISBN 13 : 0191627712
Total Pages : 723 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Realizing Utopia by : Antonio Cassese

Download or read book Realizing Utopia written by Antonio Cassese and published by OUP Oxford. This book was released on 2012-03-08 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

The New Terrain of International Law

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Publisher : Princeton University Press
ISBN 13 : 1400848687
Total Pages : 477 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The New Terrain of International Law by : Karen J. Alter

Download or read book The New Terrain of International Law written by Karen J. Alter and published by Princeton University Press. This book was released on 2014-01-24 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Limits of Law, Prerogatives of Power

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Publisher : Springer
ISBN 13 : 1403982538
Total Pages : 254 pages
Book Rating : 4.4/5 (39 download)

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Book Synopsis Limits of Law, Prerogatives of Power by : M. Glennon

Download or read book Limits of Law, Prerogatives of Power written by M. Glennon and published by Springer. This book was released on 2001-07-31 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter - but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have surfaced - widened, ironically, by the UN Security Council itself, which has ridden roughshod over the Charter's ban on intervention. Yet nations remain hopelessly divided on what the rules should be. An unplanned geopolitical order has thus emerged - posing serious dilemmas for American policy-makers in a world where intervention will be judged more by wisdom than by law.

International Law in a Transcivilizational World

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Publisher : Cambridge University Press
ISBN 13 : 1107024730
Total Pages : 733 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Law in a Transcivilizational World by : Onuma Yasuaki

Download or read book International Law in a Transcivilizational World written by Onuma Yasuaki and published by Cambridge University Press. This book was released on 2017-02-15 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

Threatened Island Nations

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Publisher : Cambridge University Press
ISBN 13 : 1107025761
Total Pages : 661 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Threatened Island Nations by : Michael B. Gerrard

Download or read book Threatened Island Nations written by Michael B. Gerrard and published by Cambridge University Press. This book was released on 2013-01-21 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses legal issues of rising seas endangering the habitability and existence of island nations in the Pacific and Indian oceans.

The Brussels Effect

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Publisher : Oxford University Press
ISBN 13 : 0190088591
Total Pages : 425 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Brussels Effect by : Anu Bradford

Download or read book The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

The Future of Antarctica

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Publisher : Springer Nature
ISBN 13 : 9811670951
Total Pages : 215 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis The Future of Antarctica by : Jeffrey McGee

Download or read book The Future of Antarctica written by Jeffrey McGee and published by Springer Nature. This book was released on 2021-12-03 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: As global great power competition intensifies, there is growing concern about the geopolitical future of Antarctica. This book delves into the question of how can we anticipate, prepare for, and potentially even shape that future? Now in its 60th year, the Antarctic Treaty System has been comparatively resilient and successful in governing the Antarctic region. This book assesses how our ability to make accurate predictions about the future of the Antarctic Treaty System reduces rapidly in the face of political and biophysical complexity, uncertainty, and the passage of time. This poses a critical risk for organisations making long-range decisions about their policy, strategy, and investments in the frozen south. Scenarios are useful planning tools for considering futures beyond the limits of standard prediction. This book explores how a multi-disciplinary focus of classical geopolitics might be applied systematically to create scenarios on Antarctic futures that are plausible, rigorous, and robust. This book illustrates a pragmatic, nine-step scenario development process, using the topical issue of military activities in Antarctica. Along the way, the authors make suggestions to augment current theory and practice of geopolitical scenario planning. In doing so, this book seeks to rediscover the importance of a classical (primarily state-centric) lens on Antarctic geopolitics, which in recent decades has been overshadowed by more critical perspectives. This book is written for anyone with an interest in the rigorous assessment of geopolitical futures - in Antarctica and beyond.

New Approaches to International Law

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Publisher : Springer Science & Business Media
ISBN 13 : 906704878X
Total Pages : 287 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis New Approaches to International Law by : José María Beneyto

Download or read book New Approaches to International Law written by José María Beneyto and published by Springer Science & Business Media. This book was released on 2012-09-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.

A Digest of International Law

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Publisher :
ISBN 13 :
Total Pages : 828 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis A Digest of International Law by : John Bassett Moore

Download or read book A Digest of International Law written by John Bassett Moore and published by . This book was released on 1906 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Future of Economic and Social Rights

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Publisher : Cambridge University Press
ISBN 13 : 1108418139
Total Pages : 711 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Future of Economic and Social Rights by : Katharine G. Young

Download or read book The Future of Economic and Social Rights written by Katharine G. Young and published by Cambridge University Press. This book was released on 2019-04-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.