Download or read book Philosophy of International Law written by Anthony Carty and published by Edinburgh University Press. This book was released on 2007-03-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental challenge to the foundations of the discipline of international law. This book offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area. By reintroducing philosophy into the heart of the study of international law Anthony Carty explains how traditional philosophy has always been an integral part of the discipline. However, this has been driven out by legal positivism, which has, in turn become a pure technique of law. He explores the extent of the disintegration and confusion in the discipline and offers various ways of renewing philosophical practice. A range of approaches are covered - post-structuralism, neo-Marxist geopolitics, social-democratic constitutional theory and existential phenomenology - encouraging the reader to think afresh about how far to bring order to, or find order in, contemporary international society.
Download or read book Balance of Power and Norm Hierarchy Franco British Diplomacy after the Peace of Utrecht written by Frederik Dhondt and published by BRILL. This book was released on 2015-05-19 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: Balance of Power and Norm Hierarchy: Franco-British Diplomacy after the Peace of Utrecht offers a detailed study of French and British diplomacy in the age of ‘Walpole and Fleury’. After Louis XIV’s decease, European international relations were dominated by the collaboration between James Stanhope and Guillaume Dubois. Their alliance focused on the amendment and enlargement of the peace treaties of Utrecht, Rastatt and Baden. In-depth analysis of vast archival material uncovers the practical legal arguments used between Hampton Court and Versailles. ‘Balance of Power’ or ‘Tranquillity of Europe’ were in fact metaphors for the predominance of treaty law even over the most fundamental municipal norms. An implacable logic of norm hierarchy allowed to consolidate peace in Europe.
Download or read book The Public Law Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
Download or read book Recueil Des Cours Collected Courses 1967 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1969 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book Emile Ou De J Education written by and published by . This book was released on 1872 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book L Etat et le jeu written by Jean-Baptiste Darracq and published by . This book was released on 2005 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forme particulière de spéculation, le jeu ne peut être défini en droit qu'à l'aide de critères subjectifs directement issus du jugement que porte la loi à son égard. Considérés comme socialement inutiles, immoraux, dangereux et criminogènes, le jeu et son exploitation sont pourtant tolérés pour des motifs d'ordre public. Ainsi l'entreprise de jeu est-elle "moralisée" par l'Etat, qui en garantit la régularité tout en la faisant contribuer au financement d'activités d'intérêt général. Si la CJCE voit dans ce système des atteintes aux libertés économiques garanties par le droit communautaire, elle les accepte toutefois à condition que la limitation de l'offre de jeu et la protection du consommateur soient les objectifs réels de la politique des Etats membres, l'intérêt financier de la collectivité n'en devant être qu'une "conséquence bénéfique accessoire". Obéissant à un régime de police spéciale, la maîtrise étatique du jeu est assurée par un système d'autorisations préalables grâce auquel la puissance publique organise le marché ludique et fixe le volume de l'offre de jeu dispensée sur le territoire. Ce faisant, l'Etat établit une collaboration étroite avec les opérateurs de jeu qui fait toute la particularité de leur mission. Or, si le juge administratif refuse de voir dans l'organisation du jeu une mission de service public, seule cette qualification peut justifier la détention de prérogatives de puissance publique par certains de ces opérateurs privés. Certes, ce constat ne change rien à la réalité du droit qui dépend ici de la qualification du juge, mais de là à voir dans la moralité publique un élément constitutif de la notion de service public, il n'y a qu'un pas.
Download or read book The Political Writings of Jean Jacques Rousseau Ed from Theoriginal Manuscripts and Authentic Editions written by Jean-Jacques Rousseau and published by . This book was released on 1915 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law at a Time of Perplexity written by Yoram Dinstein and published by BRILL. This book was released on 2024-01-08 with total page 1090 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recueil Des Cours Collected Courses 1930 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book Customary International Law on the Use of Force written by Enzo Cannizzaro and published by BRILL. This book was released on 2005-11-01 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comes out at a time of grave uncertainty about the content and the very existence of international legal restraints on the use of force, in the international community as well as among legal scholars. The time is therefore ripe for an in-depth analysis on the methodological issues which constitute the basic bricks on which the legal discourse about the state of the law must be built. By offering the result of an open and frank discussion about the methodology of determining the law on the use of force "at a time of perplexity", this timely book constitutes an invaluable contribution to legal analysis.
Download or read book The International Legal Order in the XXIst Century L ordre juridique international au XXIeme si cle El rden jur dico internacional en el siglo XXI written by Jorge E. Viñuales and published by BRILL. This book was released on 2023-11-13 with total page 1083 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.
Download or read book Legal Restraints on the Use of Military Force written by Thilo Marauhn and published by BRILL. This book was released on 2020-12-15 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.
Download or read book Manuel l mentaire de Droit Romain written by Paul Frédéric Girard and published by . This book was released on 1911 with total page 1180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law without Force written by Gerhart Niemeyer and published by Routledge. This book was released on 2018-01-16 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law Without Force is a landmark in political and social philosophy. It proposes nothing less than a completely new basis for international law. As relevant today as when it was first published nearly sixty years ago, it commands the attention of all concerned with what the future may bring to the law of nations. The great scope of Niemeyer's undertaking draws respect even from those who disagree with his challenging analysis of the historical past and his suggestions for the future of international law. In his new introduction, Michael Henry observes that Law Without Force provides us with a foundation of Niemeyer's thinking. Published in 1941, when Hitler was swallowing up Europe, this volume shows how a first-rate mind grappled with a legal, historical, social, and ultimately metaphysical problem. It provides in detail the reasoning behind Niemeyer's rejection of a foreign policy based on morality and his distinction between authoritarian and totalitarian governments; and it provides us with the first stage of his lengthy and prodigious effort to understand "this terrible century." It is a book that no serious student of Niemeyer can afford to ignore. At the very heart of the author's vigorous discussion may be found his rejection of a moral basis for international law and his suggestion that a functional basis should be substituted for it. The book incisively reviews the relation between traditional international law and the changing structure of international politics concluding that the traditional system of law has operated as an agency of disharmony and conflict. After an investigation of the traditional legal system, the author then asks, "What type of law fits the social structure of this modern world?" The answers are presented in the last part of the book, as Neimeyer offers his case for a functional system of law, divorced from moral exhortations or appeals to shattered authority. Philosophy, sociology, and legal theory are brilliantly interwoven in this volume, which will engage serious readers interested in political and social theory.
Download or read book Recueil Des Cours 1984 written by Académie de droit international de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1989-03-01 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pluralism and Law written by A. Soeteman and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can we say about justice in a pluralist world? Is there some universal justice? Are there universal human rights? What is the function of the state in the modern world? Such are the problems dealt with by the 20th world congress of the International Association for Philosophy of Law and Social Philosophy (Amsterdam, June 2001) and published in this book, which is for legal and social philosophers, students of human rights, and political philosophers.
