A Foucauldian Approach To International Law

Author: Leonard M. Hammer
Publisher: Routledge
ISBN: 1317188195
Size: 46.24 MB
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Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.

Research Methodologies In Eu And International Law

Author: Tamara Hervey
Publisher: Bloomsbury Publishing
ISBN: 1847316417
Size: 41.73 MB
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Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.

State Accountability Under International Law

Author: Lisa Yarwood
Publisher: Routledge
ISBN: 1136871152
Size: 55.79 MB
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This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole. State Accountability under International Law sets forth a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined. Using a Foucauldian influenced interpretive methodology, this book adopts a novel construction of State accountability as having legal, political and even moral characteristics. It argues that the international community seeks to hold States accountable utilising a variety of traditional and non-traditional responses that cumulatively recognise that the institutions that comprise and legitimise the State were instrumental in the particular breach. Using case studies taken from State practice from throughout the twentieth century and covering a range of geographic contexts, the conclusion is that there is evidence that State accountability, as it is conceptualised here, is evolving into a legal principle. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established, with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to seek accountability from Russia for former crimes of the USSR.

The Concept Of Argument

Author: Harald R. Wohlrapp
Publisher: Springer
ISBN: 940178762X
Size: 29.58 MB
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Arguing that our attachment to Aristotelian modes of discourse makes a revision of their conceptual foundations long overdue, the author proposes the consideration of unacknowledged factors that play a central role in argument itself. These are in particular the subjective imprint and the dynamics of argumentation. Their inclusion in a four-dimensional framework (subjective-objective, structural-procedural) and the focus on thesis validity allow for a more realistic view of our discourse practice. Exhaustive analyses of fascinating historical and contemporary arguments are provided. These range from Columbus’s advocacy of the Western Passage to India, over the trial of King Louis XVI during the French Revolution, to today’s highly charged controversies surrounding euthanasia and embryo research. Excavating foundational issues such as the purpose of argument itself (assent of an audience or critical examination of validity claims) and the contested role of argument as a generator of knowledge, the book culminates in a discussion of the relationship between rationality and reasonableness and criticizes the restrictions of ‘rational’ argument relying on fixed logical, economic or cultural criteria that in reality are mutable. Here, a true, open argument requires the infusion of Paul Lorenzen’s principle of ‘transsubjectivity’, which recognizes but transcends the partiality of the individual and which can be seen in the pragmatic and expanding consensus that humanity can control itself to safeguard the future of a fragile, damaged world.

Beyond Constitutionalism

Author: Nico Krisch
Publisher: OUP Oxford
ISBN: 0191637262
Size: 42.17 MB
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Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provide a plausible account of the changing shape of postnational law but also fall short as a normative vision. They either dilute constitutionalism's origins and appeal to 'fit' the postnational space; or they create tensions with the radical diversity of postnational society. This book explores an alternative, pluralist vision of postnational law. Pluralism does not rely on an overarching legal framework but is characterised by the heterarchical interaction of various suborders of different levels - an interaction that is governed by a multiplicity of conflict rules whose mutual relationship remains legally open. A pluralist model can account for the fragmented structure of the European and global legal orders and it reflects the competing (and often equally legitimate) claims for control of postnational politics. However, it typically provokes concerns about stability, power and the rule of law. This book analyses the promise and problems of pluralism through a theoretical enquiry and empirical research on major global governance regimes, including the European human rights regime, the contestation around UN sanctions and human rights, and the structure of global risk regulation. The empirical research reveals how prevalent pluralist structures are in postnational law and what advantages they possess over constitutionalist models. Despite the problems it also reveals, the analysis suggests cautious optimism about the possibility of stable and fair cooperation in pluralist settings.

International Law As A Profession

Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108138683
Size: 21.37 MB
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International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.

Naisscance De La Biopolitique Cours Au College De France 1978 1979

Author: Michel Foucault
Publisher: Picador USA
ISBN: 0312203411
Size: 44.97 MB
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A sixth compilation of lectures delivered at the Collège de France between 1970 and 1984 continues the speaker's coverage of 18th-century political economy, evaluating its role in the origins of a liberal governmental rationality that is at the heart of current debates about the role and status of neo-liberalism today. 10,000 first printing. Reprint.