The Project Of Positivism In International Law

Author: Mónica García-Salmones Rovira
Publisher: Oxford University Press
ISBN: 0199685207
Size: 69.25 MB
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Positivism is seen as one of the most influential theoretical frameworks for understanding international law. This book investigates its origins and demonstrates how it has influenced the development of international law. It illuminates and re-assesses the work of Hans Kelsen and Lassa Oppenheim, two of the key architects of positivist thought.

International Law And Religion

Author: Martti Koskenniemi
Publisher: Oxford University Press
ISBN: 019880587X
Size: 79.42 MB
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This books maps out the territory of international law and religion challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion.

International Legal Positivism In A Post Modern World

Author: Jörg Kammerhofer
Publisher: Cambridge University Press
ISBN: 1316062384
Size: 21.52 MB
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International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.

The Oxford Handbook Of The Theory Of International Law

Author: Anne Orford
Publisher: Oxford University Press
ISBN: 0191005568
Size: 49.62 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.

Formalizing Displacement

Author: Umut Özsu
Publisher: Oxford University Press, USA
ISBN: 0198717431
Size: 26.18 MB
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Large-scale population transfers are immensely disruptive. Interestingly, though, their legal status has shifted considerably over time. In this book, Umut Özsu situates population transfer within the broader history of international law by examining its emergence as a legally formalized mechanism of nation-building in the early twentieth century. The book's principal focus is the 1922-34 compulsory exchange of minorities between Greece and Turkey, a crucially important endeavor whose legal dimensions remain under-scrutinized. Drawing upon historical sociology and economic history in addition to positive international law, the book interrogates received assumptions about international law's history by exploring the 'semi-peripheral' context within which legally formalized population transfers came to arise. Supported by the League of Nations, the 1922-34 population exchange reconfigured the demographic composition of Greece and Turkey with the aim of stabilizing a region that was regarded neither as European nor as non-European. The scope and ambition of the undertaking was staggering: over one million were expelled from Turkey, and over a quarter of a million were expelled from Greece. The book begins by assessing minority protection's development into an instrument of intra-European governance during the course of the nineteenth and early twentieth centuries. It then shows how population transfer emerged in the 1910s and 1920s as a radical alternative to minority protection in Anatolia and the Balkans, focusing in particular on the 1922-3 Conference of Lausanne, at which a peace settlement formalizing the compulsory Greek-Turkish exchange was concluded. Finally, it analyses the Permanent Court of International Justice's 1925 advisory opinion in Exchange of Greek and Turkish Populations, contextualizing it in the wide-ranging debates concerning humanitarianism and internationalism that pervaded much of the exchange process.

International Law As A Profession

Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1107140390
Size: 74.59 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 reveal a bilateral process whereby, on the one hand, the professionalization of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalization 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"--

Russian Approaches To International Law

Author: Lauri Mälksoo
Publisher: OUP Oxford
ISBN: 019103469X
Size: 61.84 MB
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This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.

The Cambridge Companion To International Law

Author: James Crawford
Publisher: Cambridge University Press
ISBN: 0521190886
Size: 61.57 MB
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A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.

Politics Of International Law And International Justice

Author: Edwin Egede
Publisher: Edinburgh University Press
ISBN: 0748684522
Size: 20.74 MB
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A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati