Download or read book Epistemic Forces in International Law written by Jean D'Aspremont and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insight into the way in which international lawyers shape their arguments to secure validation within the international law community.
Download or read book Epistemic Forces in International Law written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Epistemic Forces in International Law written by Jean d'Aspremont and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh
Download or read book International Law as a Belief System written by Jean d'Aspremont and published by Cambridge University Press. This book was released on 2018 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?
Download or read book Narrating Narratives of International Investment Law written by Andreas Kulick and published by . This book was released on 2015 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Telling the history of something requires choosing a perspective. This perspective, or narrative, is the lens through which we look at a specific topic or field. The picture that thereupon emerges is necessarily shaped by the perspective chosen. Strictly speaking, we cannot tell the 'history of X', only attempt to approach a historical account of one or several aspects of X by way of the perspective or perspectives we employ to look at X. Discussing, thus, the history of international investment law equally and inevitably requires choice of perspectives/narratives; and by choosing such narrative(s) the 'narrator' influences the audience's grasp of the field whose 'history' he or she presents. In this contribution I will seek to illustrate how the investment community presents certain narratives of the history of international investment law, asserting - sometimes deliberately, sometimes inadvertently - their objectivity and thereby shaping certain perceptions of the history according to its view on the present and future of the field. Hence, my task is primarily to present, by way of examples, how certain epistemic communities (see II.) employ such narratives and thereby enhance investment law scholars' and practitioners' awareness vis-à-vis the constructive character of these narratives (III.). However, as I will further develop in the conclusion (IV.), this is not at all to say that the study of history and telling certain narratives is a futile exercise for international investment law to undertake. What is central, is making transparent the constructive nature of the narrative in order for the audience that is told this specific historical account to be aware that this is just one of many possible perspectives the authority of which hinges exclusively on its plausibility.
Download or read book Philosophy of International Law written by Anthony Carty and published by Edinburgh University Press. This book was released on 2017-02-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society
Download or read book Law Language and the Courtroom written by Stanislaw Gozdz Roszkowski and published by Routledge. This book was released on 2021-11-25 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.
Download or read book International Law as a Profession written by Jean d'Aspremont and published by Cambridge University Press. This book was released on 2017-04-06 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.
Download or read book The Transformation of the Prohibition of Torture in International Law written by Lutz Oette and published by Oxford University Press. This book was released on 2024-06-04 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.
Download or read book The WTO Dispute Settlement Mechanism written by Alberto do Amaral Júnior and published by Springer. This book was released on 2019-04-09 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.
Download or read book The Discourse on Customary International Law written by Jean d'Aspremont and published by Oxford University Press. This book was released on 2021-05-10 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law. The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.
Download or read book Publicity in International Lawmaking written by Marie Aronsson-Storrier and published by Cambridge University Press. This book was released on 2020-12-03 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how best to recalibrate our understanding of international lawmaking through the lens of increased reporting and legal debate around covert and quasi-covert uses of force. Recent changes in practice and communication call for closer attention to be paid to the requirement of publicity for state practice, since they challenge the perception of the concepts 'public' and 'covert', and thus raise questions as to the impact that covert and quasi-covert acts do and should have on the development of international law. It is argued that, in order to qualify as such practice, acts must be both publicly known and acknowledged. The book further examines how state silence around covert and quasi-covert operations has opened up significant space for legal scholars and other experts to influence the development of international law.
Download or read book Theory of International Law written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.
Download or read book Crisis Narratives in International Law written by Makane Moïse Mbengue and published by BRILL. This book was released on 2021-11-15 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.
Download or read book The Oxford Handbook of the Sources of International Law written by Jean d'Aspremont and published by Oxford University Press. This book was released on 2017-10-19 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.
Download or read book Transforming the Politics of International Law written by P. Sean Morris and published by Routledge. This book was released on 2021-10-15 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the role of League of Nations committees, particularly the Advisory Committee of Jurists (ACJ) in shaping the statute of the Permanent Court of International Justice (PCIJ). The authors explore the contributions of individual jurists and unofficial members in shaping the League’s international legal machinery. It is a companion book to The League of Nations and the Development of International Law: A New Intellectual History of the Advisory Committee of Jurists (Routledge, 2021). One of the guiding principles of the book is that the development of international law was a project of politics where the idea and notion of an international society must contend with the political visions of each state represented on the different legal committees in the League of Nations during the drafting of the Covenant. The book constitutes a major contribution to the literature in that it shows the inner workings of some of the legal committees of the League and how the political role of unofficial members was influential for the development of international law in the early twentieth century and how they influenced the political and legal process of the ACJ. The book will be an essential reference for those working in the areas of International Law, Legal History, International Relations, Political History, and European History.
Download or read book Whiggish International Law written by Christopher R. Rossi and published by BRILL. This book was released on 2019-03-25 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christopher Rossi’s Whiggish International Law refreshes English School and Cambridge contextualist concerns for historical abridgment as jurists and scholars revive complexities and discussions of international law’s turbulent history in the Americas.