Download or read book Indeterminacy of International Law written by Severin Meier and published by sui generis Verlag. This book was released on 2021-11-30 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important (in)determinacy theses in international law since the 1920s are scrutinised in this book. As Severin Meier demonstrates, the extent of legal determinacy depends neither on some linguistic essence found in the text nor on theories that allegedly stand above practice. Instead, the (in)determinacy of law is shown to arise purely from practice. This reconceptualisation of a key discussion in legal philosophy provides a new perspective on the frame of meaning of legal norms.
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.
Download or read book From Apology to Utopia written by Martti Koskenniemi and published by Cambridge University Press. This book was released on 2006-02-02 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.
Download or read book The Politics of International Law written by Martti Koskenniemi and published by Bloomsbury Publishing. This book was released on 2011-06-10 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.
Download or read book The Law of International Lawyers written by Wouter Werner and published by Cambridge University Press. This book was released on 2017-03-30 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, Martti Koskenniemi has not just been an influential writer in international law; his work has caused a significant shift in the direction of the field. This book engages with some of the core questions that have animated Koskenniemi's scholarship so far. Its chapters attest to the breadth and depth of Koskenniemi's oeuvre and the different ways in which he has explored these questions. Koskenniemi's work is applied to a wide range of functional areas in international law and discussed in relation to an even broader range of theoretical perspectives, including history, political theory, sociology and international relations theory. These invaluable insights have been expertly brought together by the volume editors, who identify the key and common themes of many of the book's contributions. This volume demonstrates the importance of critical legal scholarship in the ways international law is enacted, shaped and reshaped over time.
Download or read book Indeterminacy of International Law written by Severin Meier and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important (in)determinacy theses in international law since the 1920s are scrutinised in this book. As Severin Meier demonstrates, the extent of legal determinacy depends neither on some linguistic essence found in the text nor on theories that allegedly stand above practice. Instead, the (in)determinacy of law is shown to arise purely from practice. This reconceptualisation of a key discussion in legal philosophy provides a new perspective on the frame of meaning of legal norms.
Download or read book Strategic Indeterminacy in the Law written by David Lanius and published by Oxford Studies in Language and. This book was released on 2019 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though indeterminacy in legal texts is pervasive, there is a widespread misunderstanding about what indeterminacy is, particularly as it pertains to law. Legal texts present unique challenges insofar as they address a heterogeneous audience, are applied in a variety of unforeseeable circumstances and must, at the same time, lay down clear and unambiguous standards. Sometimes they fail to do so, however, either by accident or by intention. While many have claimed that indeterminacy facilitates flexibility and can be strategically used, few have recognized that there are more forms of indeterminacy than vagueness and ambiguity. A comprehensive account of legal indeterminacy is thus called for. David Lanius here answers that call and in so doing, addresses three central questions about the role of indeterminacy in the law. First, what are the sources of indeterminacy in law? Second, what effects do the different forms of indeterminacy have? Third, how can and should these forms be intentionally used? Based on a thorough examination of the advantages and disadvantages of the different forms of indeterminacy in the wording of laws, contracts, and verdicts, Lanius argues for the claim that semantic vagueness is less relevant than commonly supposed in the debate, while other forms of indeterminacy (in particular, polysemy and standard-relativity) are mistakenly underrated or even ignored. This misconception is due to a systematic confusion between semantic vagueness and these other forms of indeterminacy. Once it is resolved, the value and functions of linguistic indeterminacy in the law can be clearly shown.
Download or read book The International Court of Justice and the Judicial Function written by Gleider Hernandez and published by Oxford University Press. This book was released on 2014 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.
Download or read book The Politics of International Law written by Martti Koskenniemi and published by Bloomsbury Publishing. This book was released on 2011-06-10 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of 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.
Download or read book Formalism and the Sources of International Law written by Jean d'Aspremont and published by OUP Oxford. This book was released on 2013-05-23 with total page 1494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.
Download or read book Chance Order Change The Course of International Law General Course on Public International Law written by James Crawford and published by BRILL. This book was released on 2014-04-29 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called ? In what respects is it systematic ? Does it — can it — respect the rule of law ? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.
Download or read book Capitalism As Civilisation written by Ntina Tzouvala and published by Cambridge University Press. This book was released on 2020-10-29 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.
Download or read book The Law of International Lawyers written by Wouter Werner and published by Cambridge University Press. This book was released on 2017-03-30 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides original perspectives on the work of one of the most important thinkers in international law today.
Download or read book Between Equal Rights written by China Miéville and published by Haymarket Books. This book was released on 2006 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: "China Mieville's brilliantly original book is an indispensable guide for anyone concerned with international law. It is the most comprehensive scholarly account available of the central theoretical debates about the foundations of international law. It offers a guide for the lay reader into the central texts in the field."--Peter Gowan, Professor, International Relations, London Metropolitan University. Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view. China Mieville, PhD, International Relations, London School of Economics, is an independent researcher and an award-winning novelist. His novel Perdido Street Station won the Arthur C. Clarke Award.
Download or read book Concepts for International Law written by Jean d’Aspremont and published by Edward Elgar Publishing. This book was released on 2018 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
Download or read book Legitimate Targets written by Janina Dill and published by Cambridge University Press. This book was released on 2015 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can international law regulate warfare? Experiences of US bombing suggests it does not solve the twenty-first-century belligerent's legitimacy dilemma.
