International Law In A Transcivilizational World

Author: Onuma Yasuaki
Publisher: Cambridge University Press
ISBN: 1108228569
Size: 70.89 MB
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With the resurgence of Asian nations such as China, current West-centric international law is changing in the twenty-first century. There is a pressing need to address these changes within international legal studies and overcome potential conflicts between existing and emerging powers. This structural transformation also demands a change in understanding of existing ideas and institutions. This book explores a 'trans-civilizational' approach to international law, supplementing and modifying two other prevalent perspectives: international and transnational. By considering these three layered viewpoints, this book highlights the complex phenomena surrounding the history and development of international law. The author also considers how international law operates and functions within diverse forums such as diplomatic negotiation, international organizations, and domestic political processes. This book will appeal to international law scholars and students, as well as those interested in the rise of non-Western powers and its impact on the prevalent ideas and institutions of the world.

A Transcivilizational Perspective On International Law

Author: Onuma Yasuaki
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186891
Size: 29.91 MB
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The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.

The Roots Of International Law Les Fondements Du Droit International

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Publisher: Martinus Nijhoff Publishers
ISBN: 9004261656
Size: 67.68 MB
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This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law.

Legality And Legitimacy In Global Affairs

Author: Richard Falk
Publisher: OUP USA
ISBN: 0199781583
Size: 21.29 MB
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This book focuses on the problematic relationship between legality and legitimacy when a nation (or nations) intervene in the work of other nations. Bringing together a wide range of contributors with a broad set of cases that consider when such intervention is legitimate even if it isn't legal--and vice versa--the chapters cover humanitarian intervention, nuclear nonproliferation, military intervention, international criminal tribunals, interventions driven by environmental concerns, and the export of democracy. By focusing on a diverse array of cases, this volume establishes a clear framework for judging the legitimacy of such actions.

The Roots Of International Law Les Fondements Du Droit International

Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004261656
Size: 65.18 MB
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This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law.

Russian Approaches To International Law

Author: Lauri Mälksoo
Publisher: Oxford University Press, USA
ISBN: 0198723040
Size: 41.82 MB
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Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia

The Oxford Handbook Of The Theory Of International Law

Author: Anne Orford
Publisher: Oxford University Press
ISBN: 019100555X
Size: 57.36 MB
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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

International Law

Author: Malcolm N. Shaw
Publisher: Cambridge University Press
ISBN: 1107188474
Size: 64.50 MB
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The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.

Renegotiating The World Order

Author: Phillip Y. Lipscy
Publisher: Cambridge University Press
ISBN: 1107149762
Size: 34.79 MB
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Rising powers often seek to reshape the world order, triggering confrontations with those who seek to defend the status quo. In recent years, as international institutions have grown in prevalence and influence, they have increasingly become central arenas for international contestation. Phillip Y. Lipscy examines how international institutions evolve as countries seek to renegotiate the international order. He offers a new theory of institutional change and explains why some institutions change flexibly while others successfully resist or fall to the wayside. The book uses a wealth of empirical evidence - quantitative and qualitative - to evaluate the theory from international organizations such as the International Monetary Fund, World Bank, European Union, League of Nations, United Nations, the International Telecommunications Satellite Organization, and Internet Corporation for Assigned Names and Numbers. The book will be of particular interest to scholars interested in the historical and contemporary diplomacy of the United States, Japan, and China.

Select Proceedings Of The European Society Of International Law

Author: Hélà ̈ne Ruiz Fabri
Publisher: Bloomsbury Publishing
ISBN: 1847315895
Size: 45.10 MB
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This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Third Biennial Conference organised by ESIL and the Max Planck Institute for Comparative Public Law and International Law in 2008. The conference was entitled 'International Law in a Heterogeneous World', reflecting an idea which is central to the ESIL philosophy. Heterogeneity is considered one of the pillars upon which Europe's contribution to international law is built and the subject was considered in a number of panels, including such diverse topics as migration, the history of international law, the rules on warfare and international environmental law.