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1113 found
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1 — 50 / 1113
  1. Space Law.Deepa Kansra - manuscript
    The chapter gives an overview of the binding and non-binding international norms which govern and regulate the activities of states and other actors in outer space. It covers the key agendas and challenges being addressed within international space law in the wake of advancements in technology and greater access to outer space by multiple actors. For a comprehensive view of the subject, the chapter gives an overview of the nature of space laws within national systems, and the interface of space (...)
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  2. Earth Consciousness and Evolving Frameworks.Deepa Kansra & Kirat Sodhi - manuscript
    Earth consciousness involves an understanding of our relationship with earth. It involves the study of earth forms, their life processes and inherent needs. The concept has created a field of frameworks and knowledge systems permeating into the day to day lives of humans including their political-economic-cultural spaces. The expression earth consciousness can be interpreted in many ways to include human awareness of nature & its processes, or the bond with mother earth and all its forms . Earth consciousness or the (...)
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  3. Black White Paper: Tractatus Logico-Academicus.Gavin Keeney - manuscript
    A draft White Paper associated with Fulbright Specialist Program lectures at the University of Ljubljana, Ljubljana, Slovenia, in March-April 2015, concerning neo-liberal capitalist exploitation of academic research and publications.
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  4. Great Expectations: Challenges to Implementing Climate Policies in Latin America and the Caribbean.Pablo Cristóbal Jiménez Lobeira - manuscript
    The Latin America and the Caribbean (LAC) region is a distinct geographic, economic and cultural area with a place in the climate change landscape. LAC has suffered the impacts of climate change at a level disproportionate to the amount of emissions it produces. Awareness of this experience, in addition to factors such as the region’s large young population, increasing middle class, vast natural resources and considerable economic growth potential provide reasons to hope LAC can implement significant climate change policies to (...)
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  5. Interim Corpus Separatum for the Palestine Question. [REVIEW]Ciprian Pater - manuscript
    "Resolution of Jerusalem’s status arguably remains controversial because of the divergent analytical lenses through which the conflict’s parties, and others, view its intertwined legal, territorial, historical and religious issues. Thus, Jerusalem persists as an intricate and intractable cornerstone of the Israel-Palestine conflict." Diakonia International Humanitarian Law Resource Centre.
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  6. China y España en la Sociedad de Naciones (1931-1939).Montserrat Crespin Perales - manuscript
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  7. The Grounds of Human Rights.Brian Slattery - manuscript
    What is the rational foundation for the doctrine of universal human rights? Some philosophers, such as Alan Gewirth, argue that it may be discovered simply by reflection on certain essential features of the human constitution. However this approach has significant problems, achieving its ends by smuggling certain tacit premises into the argument. A better approach is one that appeals to the communal practices and traditions within which doctrines of human rights have evolved historically. It is here that Alasdair MacIntyre's work (...)
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  8. Human Security Law in Iraq: Reforming Rules, Practices, and Urban Spaces.Hannibal Travis - manuscript
    This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while aggravating (...)
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  9. Universal Jurisdiction and International Power Politics: Ideal Versus Real.Hans Köchler - unknown - Yeditepe'de Felsefe (Philosophy at Yeditepe) 5.
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  10. A World Safe for Catholicism: Interwar International Law and Neo-Scholastic Universalism.Paolo Amorosa - forthcoming - History of European Ideas:1-17.
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  11. Titre II Compétence Art. 2-31.Andreas Bucher - forthcoming - Jurisprudencija: Mokslo darbu žurnalas.
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  12. The Morality of Substitution Intervention: The Case of Yemen.James Christensen - forthcoming - POLITICS.
    Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain is (...)
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  13. Reconciling Cosmopolitan Theory and Policy Practice? Responsible States as a Transitional Category.Pavel Dufek - forthcoming - In Nikola Schmidt (ed.), Governance of Emerging Space Challenges: The Benefits of a Responsible Cosmopolitan State Policy. Springer.
    The idea of a responsible cosmopolitan state (RCS) represents a recent attempt to reconcile the utopianism of cosmopolitan political theory and the practical constraints arising from the current realities of politics among territorial and largely self-interested states. I show in the chapter that the neorealist and/or geopolitical challenge rests on a misconception about what cosmopolitanism is meant to provide, because immediate practical advice is only a part of what normative political theory may bring to the table. Besides the notion of (...)
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  14. Citizenship and Obligation.Pavlos Eleftheriadis - forthcoming - In Julie Dickson & Pavlos Eleftheriadis (eds.), Philosophical Foundations of European Union Law. Oxford University Press.
    Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests that European (...)
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  15. The Law of Laws.Pavlos Eleftheriadis - forthcoming - Transnational Legal Theory 1 (3).
    How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. the (...)
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  16. The Moral Distinctiveness of the European Union.Pavlos Eleftheriadis - forthcoming - International Journal of Constitutional Law.
    This article is a comment and reflection on Joseph Weiler’s essay ‘The Political and Legal Culture of the European Union: an Exploratory Essay.’ The article responds to Weiler’s argument by sketching a philosophical framework within which we may understand the moral distinctness of the European Union. The argument is informed by the international political theories outlined by Kant and Rawls, according to which the domain of international institutions is distinct from that of domestic politics. If the European Union is an (...)
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  17. Expropriation of Alien Property: An Inquiry Into the Sociology of International Law.John H. Herz - forthcoming - Social Research: An International Quarterly.
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  18. Diffuse Subjects and Dispersed Power: New Materialist Insights and Cautionary Lessons for International Law.J. Hohmann - forthcoming - Leiden Journal of International Law.
    This article sets out the major tenets of new materialism and maps out its implications for international law. It considers what new materialism might offer for those of us working within international law in the way of new insights, resources, practices or politics. It first sets the contours of new materialism within the broader material turn. It then elaborates three main tenets of new materialism’s methodology, theory, and ontology: its attention to matter in its physicality; the embedded and entangled subject; (...)
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  19. Rescue Missions in the Mediterranean and the Legitimacy of the EU’s Border Regime.Hallvard Sandven & Antoinette Scherz - forthcoming - Res Publica:1-20.
    In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...)
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  20. Yahyaoui Krivenko, Ekaterina. Space and Fates of International Law: Between Leibniz and Hobbes.Peter Schröder - forthcoming - Hobbes Studies:1-3.
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  21. Global justice and social conflict: The foundations of liberal order and international law.Inés Valdez - forthcoming - Contemporary Political Theory:1-4.
  22. Russia’s Eurasian Union Dream: A Way Forward Towards Multi Polar World Order.Shahzada Rahim Abbas - 2022 - Journal of Global Faultlines 6 (2):1-8.
    Since the disintegration of the USSR Eurasia has gained a new geopolitical and strategic significance. Fifteen Countries emerged as a result of disintegration, among which only the Russian Federation was the successor state. The post-soviet era especially the era of the 1990s was a political and economic trauma for the Russian Federation and the post-soviet space. But Eurasianists were well aware of the American unilateralism and American ‘Grand Chessboard strategy” that was solely aimed at encircling Russian geography. With these concerns, (...)
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  23. 10 Cosmopolitanism and International Law.Kenneth Baynes - 2022 - In Melissa S. Williams (ed.), Moral Universalism and Pluralism: Nomos Xlix. New York University Press. pp. 219-239.
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  24. Correction to: Conceptualizing Corporate Accountability in International Law: Models for a Business and Human Rights Treaty.Nadia Bernaz - 2022 - Human Rights Review 23 (1):101-101.
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  25. Theorizing the Normative Significance of Critical Histories for International Law.Damian Cueni & Matthieu Queloz - 2022 - Journal of the History of International Law.
    Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) (...)
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  26. Against Nationalism: Climate Change, Human Rights, and International Law.Boudewijn de Bruin - 2022 - Danish Yearbook of Philosophy 55 (2):173-198.
    Climate change threatens humanity more than anything else. If we talk of nationalism, we ought therefore consider its pros and cons in light of the climate emergency. Anatol Lieven believes that civic nationalism along the lines of Chaim Gans, David Miller, and Yuli Tamir helps combat global warming. He thinks that when nationalists recognize that climate change is just as threatening to the survival of their nation-state as wars, they will make the sacrifices necessary to avert the threat. In this (...)
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  27. (Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law.Lorenzo Gasbarri - 2022 - Grotiana 43 (1):113-132.
    In this paper, I first discuss the concept of ‘Grotian Moment’ in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. At the (...)
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  28. Access to Evidence in Private International Law.Alice Guerra, Daniel Pi & Francesco Parisi - 2022 - Theoretical Inquiries in Law 23 (1):77-96.
    This Article analyzes the interaction between the burden of proof and evidentiary discovery rules. Both sets of rules can affect incentives for prospective injurers to invest in evidence technology. This interaction becomes acutely important in the private international law setting, where jurisdictions are split on the question whether the burden of proof should be treated as a substantive or procedural matter. When a tort occurs in Europe, but the case is litigated in American courts, treating the burden of proof as (...)
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  29. Tarik Kochi, Global Justice and Social Conflict: The Foundations of Liberal Order and International Law.Francesca Iurlaro - 2022 - Grotiana 43 (1):294-300.
  30. Monitoring Peace and Security Mandates for Human Rights.Deepa Kansra - 2022 - Artha: The Sri Ram Economics Journal 1 (1):188-192.
    The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other acts of mass violence ... (...)
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  31. 8 International Law as Inter-Public Law.Benedict Kingsbury - 2022 - In Melissa S. Williams (ed.), Moral Universalism and Pluralism: Nomos Xlix. New York University Press. pp. 167-204.
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  32. Struggle for Recognition: Theorising Sexual/Gender Minorities as Rights-Holders in International Law.Po-Han Lee - 2022 - Feminist Legal Studies 30 (1):73-95.
    This article argues for the necessity of recognising the collective rights-holding status of ‘sexual and gender minorities’ by examining the limits of the discourse concerning sexual orientation and gender identity in international law. I consider both symbolic interactionism and queer theory, which are critical of the assumption that everyone subscribes to a gender and a sexual identity. The theorisation proposed here accounts for not only people who possess a relatively stable identity, but also people whose situations are not conclusively characterised (...)
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  33. International Law and the Struggle for the Future: Historicizing Agenda 2030 for Radical Critique of International Legal Ideology.Matheus Gobbato Leichtweis - 2022 - Athena 2 (1):73-115.
    This paper addresses the UN’s ‘Agenda 2030’ from a historical-materialist perspective, interrogating its potential to effectively ‘transform our world’ in the face of the ‘crisis of the future’. It explores the ideological dimensions of the international legal form, critically reflecting upon the role of international lawyers in the reproduction of global capitalist relations, on the limits of international law as an instrument of social transformation and of the Agenda as a roadmap to a ‘better future’. Specifically, it demonstrates how the (...)
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  34. Internationale vergelijkingen kunnen op verschillende manieren ook problematisch zijn.Michael Merry & Anders Schinkel - 2022 - Knack.
    Internationale vergelijkingen vormen een waardvolle bron van inzicht bij het analyseren van maatschappelijke problemen en het beoordelen van beleidsmatige antwoorden op die problemen. Vergelijkend onderzoek levert vaak interessante of nuttige informatie op doordat er verschillen én overeenkomsten worden geconstrueerd, bijvoorbeeld: hoe ‘leefbaar’ is Toronto vergeleken met Berlijn? Zelfs wanneer de definities verschillen en de gebruikte meeteenheden enigszins onnauwkeurig kunnen zijn – bijvoorbeeld “leefbaar voor wie en ten opzichte van wat?” – zijn vergelijkingen leerrijk en aanleiding voor verdere reflectie. Maar internationale (...)
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  35. Physical Signals and Their Thermonuclear Astrochemical Potentials: A Review on Outer Space Technologies.Yang Immanuel Pachankis - 2022 - International Journal of Innovative Science and Research Technology 7 (5):669-674.
    The article reviews on the technical attributes on current technologies deployed in outer space and those that are being developed and mass produced. The article refutes the Chinese state-controlled Xinhua News’ propaganda several years ago on objecting America’s deployment of nuclear technologies in outer space with rigorous scientific evidence. Furthermore, the article warns on the dangers of physical signals applied in outer space technologies that can threaten the solar system, especially the Mozi quantum satellite with photon beams. The article concludes (...)
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  36. European Problems in Understanding Human Dignity.Marek Piechowiak - 2022 - Encyclopedia of Contemporary Constitutionalism.
    (Introduction) Dignity is regarded today as a fundamental, or even the most fundamental, value across legal systems, at both international and national levels. It seems to be one of the values which provide a common axiological basis for different constitutional traditions across Europe (de Lange 2007: esp. 3-6). Moreover, taking account of its prominent place in the law of the United Nations, human dignity is one of the values on which the international community rests. The expression “human dignity” belongs to (...)
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  37. The Asymmetries of Disability Rights Protection in the Inter-American System.Ottavio Quirico & Pablo Cristóbal Jiménez Lobeira - 2022 - In Inclusive Sustainability: Harmonising Disability Law and Policy. Springer Singapore.
    This contribution explores disability rights protection in Inter-American States within the framework of the OAS and in the context of the obligations established under the CIADDIS and the CRPD. Following the classical division between ‘primary’ and ‘secondary’ rules, the contribution first sketches key regulatory initiatives in the area of disability rights and second considers compliance and enforcement mechanisms. Along these lines, the first section illustrates similarities and differences between the CIADDIS and the CRPD and, within this framework, essential regional regulatory (...)
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  38. The Asymmetries of Disability Rights Protection in the Inter-American System.Ottavio Quirico & Pablo Cristóbal Jiménez Lobeira - 2022 - In Inclusive Sustainability: Harmonising Disability Law and Policy. Singapore: Springer. pp. 303.
    This contribution explores disability rights protection in Inter-American States within the framework of the OAS and in the context of the obligations established under the CIADDIS and the CRPD. Following the classical division between ‘primary’ and ‘secondary’ rules,3 the contribution first sketches key regulatory initiatives in the area of disability rights and second considers compliance and enforcement mechanisms. Along these lines, the first section illustrates similarities and differences between the CIADDIS and the CRPD and, within this framework, essential regional regulatory (...)
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  39. Corruption in International Law: Illusions of a Grotian Moment.Simona Ross & Mark Somos - 2022 - Grotiana 43 (1):55-86.
    Has there already been a Grotian Moment for corruption? If not, what would it take for new legal rules and doctrines on corruption to crystallise? This article seeks to answer these two questions by reviewing the relevant history of international legal scholarship, the current public international law framework for anticorruption, and recent developments in international legal practice. We conclude that a Grotian Moment may have been reached for a narrow concept of corruption, focused on petty corruption and bribery, with the (...)
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  40. Toward a Dignity-Based Account of International Law.Eric Scarffe - 2022 - Jus Cogens 4 (3):207-236.
    Once limited to issues in maritime and trade law, today the most recognizable examples of international law govern issues such as human rights, intellectual property, crimes against humanity and international armed conflicts. In many ways, this proliferation has been a welcomed development. However, when coupled with international law’s decentralized structure, this rapid proliferation has also posed problems for how we (and in particular judges) identify if, when, and where international law exists. This article puts forward a novel, dignity-based account for (...)
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  41. Is the International Legal Order Unraveling?David Sloss - 2022 - New York: Oxford University Press.
    The Introduction is divided into three parts. Part I presents a brief history of the rules-based international order. It shows that-between 1945 and the first decade of the twenty-first century-the international system evolved from a primarily sovereignty-based order to a much more rules-based order. However, since about 2008 or 2010, we have witnessed significant backsliding towards a more sovereignty-based order, especially in the areas of international trade and international human rights law. Part II briefly surveys the major, current threats to (...)
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  42. 11 Democracy and International Law A Peril From the “Public”?Gopal Sreenivasan - 2022 - In Melissa S. Williams (ed.), Moral Universalism and Pluralism: Nomos Xlix. New York University Press. pp. 240-250.
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  43. Data Surveillance Since the Snowden Revelations: A Grotian Moment in International Law?Milan Tahraoui - 2022 - Grotiana 43 (1):87-112.
    Mass data surveillance practices have received heightened attention in international law since the Snowden revelations of 2013. In this article, I examine whether that attention has given rise to a “Grotian moment” regarding the regulation of these activities under international law. At the outset, I answer that question in the negative and conclude that no general customary international law rules have emerged. Yet, that is not the end of the story. At a more fundamental and conceptual level, far reaching transformative (...)
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  44. Climate Justice and the Duty of Restitution.Santiago Truccone-Borgogno - 2022 - Moral Philosophy and Politics 9:1-22.
    Much of the climate justice discussion revolves around how the remaining carbon budget should be globally allocated. Some authors defend the unjust enrichment interpretation of the beneficiary pays principle (BPP). According to this principle, those states unjustly enriched from historical emissions should pay. I argue that if the BPP is to be constructed along the lines of the unjust enrichment doctrine, countervailing reasons that might be able to block the existence of a duty of restitution should be assessed. One might (...)
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  45. The Costs and Benefits of Prosecution: A Contractualist Justification of Amnesty.Robert Patrick Whelan - 2022 - Critical Review of International Social and Political Philosophy 25 (7):859-881.
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  46. Gender in the State of Nature.Anna Becker - 2021 - In Annabel S. Brett, Megan Donaldson & Martti Koskenniemi (eds.), History, politics, law: thinking internationally. Cambridge University Press.
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  47. Peaceful Use of Lasers in Space: Context-Based Legitimacy in Global Governance of Large Technical Systems.Petr Boháček, Pavel Dufek & Nikola Schmidt - 2021 - Alternatives 3 (46):63–85.
    Technology offers unique sets of opportunities, from human flourishing to civilization survival, but also challenges, from partial misuse to global apocalypse. Yet technology is shaped by the social environment in which it is developed and used, prompting questions about its desirable governance format. In this context, we look at governance challenges of large technical systems, specifically the peaceful use of high-power lasers in space, in order to propose a conceptual framework for legitimate global governance. Specifically, we adopt a context-based approach (...)
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  48. Between History, Politics and Law : History of Political Thought and History of International Law.Annabel Brett - 2021 - In Annabel S. Brett, Megan Donaldson & Martti Koskenniemi (eds.), History, politics, law: thinking internationally. Cambridge University Press.
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  49. History, Politics, Law: Thinking Internationally.Annabel S. Brett, Megan Donaldson & Martti Koskenniemi (eds.) - 2021 - New York, NY: Cambridge University Press.
    It would be difficult to find a major figure in the history of European political thought who would not have attempted to say something about how authority emerges, or is justified and critiqued, in the world beyond the single polity. Quite frequently, that effort would have involved some idea about a legal order, or at least a set of rules or regularities applicable in that world. Thomas Hobbes was neither the first nor the last major thinker who believed that the (...)
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  50. Introduction : History, Politics, Law : Thinking Through the International.Annabel Brett, Megan Donaldson & Martti Koskenniemi - 2021 - In Annabel S. Brett, Megan Donaldson & Martti Koskenniemi (eds.), History, politics, law: thinking internationally. Cambridge University Press.
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1 — 50 / 1113