Results for 'international law'

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  1. British International Law Cases a Collection of Decisions of Courts in the British Isles on Points of International Law. --.Clive Parry, J. A. Hopkins, International Law Fund & British Institute of International and Comparative Law - 1963 - Stevens.
     
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  2. International law and psychology.Ranyard West - 1974 - Dobbs Ferry, N.Y.,: Oceana Publications. Edited by Ranyard West.
  3. Selected essays on international law, philosophy, science and literature.Myint Zan - 2012 - Yangon: Nay Myo Sarpatheda Literary House.
     
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  4.  32
    A Cosmopolitan Philosophy of International Law? A Realist Approach.Danilo Zolo - 1999 - Ratio Juris 12 (4):429-444.
    Analyzing different works and in particular Habermas' reflection on Kant, the author reconstructs, first, his approach to international law and his political and legal cosmopolitanism. Second, he presents some critical observations on Habermas' cosmopolitanism in the context of his more general discursive theory of law and state. In this perspective, he discusses the problems of peace and of the role of the United Nations, the strategy of protection of human rights, and the question of world citizenship. He argues that (...)
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  5. International law and morality in the theory of secession.David Copp - 1998 - The Journal of Ethics 2 (3):219-245.
    In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to (...)
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  6.  42
    International law and political philosophy: Uncovering new linkages.Steven Ratner - 2019 - Philosophy Compass 14 (2):e12564.
    Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices (...)
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  7.  20
    International Law and World Order: A Critique of Contemporary Approaches.B. S. Chimni - 1993 - Cambridge University Press.
    In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law combining the insights of Marxism, socialist feminism and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law including new, feminist, realist and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure and process of international law. The book also considers crucial world order (...)
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  8.  2
    Space and Fates of International Law: Between Leibniz and Hobbes.Ekaterina Yahyaoui Krivenko - 2020 - New York, NY, USA: Cambridge University Press.
    The book offers the first analysis of the influence exercised by the concept of space on the emergence and continuing operation of international law. By adopting a historical perspective and analysing work of two central early modern thinkers – Leibniz and Hobbes – it offers a significant addition to a limited range of resources on early modern history of international law. The book traces links between concepts of space, universality, human cognition, law, and international law in these (...)
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  9. International law and psychology.Ranyard West - 1974 - Dobbs Ferry, N.Y.,: Oceana Publications. Edited by Ranyard West.
  10. Democracy in international law-making: principles from Persian philosophy.Salar Abbasi - 2021 - New York, NY: Routledge.
    This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names 'democratic egalitarian multilateralism' is founded on: the idea of 'egalitarian law' by Suhrawardi, (...)
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  11.  28
    International Law and Theories of Global Justice.Steven Ratner, David Luban, Carmen Pavel, Jiewuh Song & James Stewart - unknown
    International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to (...)
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  12. International law and the limits of global justice.S. Meckled-Garcia - 2011 - Review of International Studies 37 (5):2073-2088.
    There are limits to what can be achieved using the means and medium of international law. This article explores those limits by providing an innovative theory of the nature of international law and how we should understand its limits in terms of value theory. A "four functions" theory is proposed, and these functions are used to interpret areas of international law in terms of their distinctive and valuable contribution to a specific area of human relations. On the (...)
     
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  13.  4
    International Law as We Know It: Cyberwar Discourse and the Construction of Knowledge in International Legal Scholarship.Lianne J. M. Boer - 2021 - Cambridge University Press.
    International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international (...)
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  14. Public international law.Philip Bobbitt - 1996 - In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 103–118.
    This chapter contains sections titled: The Subject Matter of International Law The Sources of International Law Conclusion References.
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  15. International law and the question of its transcivilizational possibility.Onuma Yasuaki - 2018 - In Jean-Marc Coicaud (ed.), Conversations on justice from national, international, and global perspectives: dialogues with leading thinkers. Cambridge University Press.
     
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  16. International law.Guglielmo Verdirame - 2020 - In John Tasioulas (ed.), The Cambridge Companion to the Philosophy of Law. Cambridge University Press.
     
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  17.  43
    International Law, Social Change and Resistance: A Conversation Between Professor Anna Grear (Cardiff) and Professorial Fellow Dianne Otto.Dianne Otto & Anna Grear - 2018 - Feminist Legal Studies 26 (3):351-363.
    This conversation between two scholars of international law focuses on the contemporary realities of feminist analysis of international law and on current and future spaces of resistance. It notes that feminism has moved from the margin towards the centre, but that this has also come at a cost. As the language of women’s rights and gender equality has travelled into the international policy worlds of crisis management and peace and security, feminist scholars need to become more careful (...)
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  18.  41
    Kant, International Law, and the Problem of Humanitarian Intervention.Antonio Franceschet - 2010 - Journal of International Political Theory 6 (1):1-22.
    International law has one principal mechanism for settling the legality of humanitarian interventions, the United Nations Security Council's power to authorise coercion. However, this is hardly satisfactory in practice and has failed to provide a more secure juridical basis for determining significant conflicts among states over when humanitarian force is justified. This article argues that, in spite of Immanuel Kant's limited analysis of intervention, and his silence on humanitarian intervention, his political theory provides the elements of a compelling analysis (...)
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  19.  3
    International Law’ and ‘International Relations’ in Hegel’s Philosophy of Right. 서정혁 - 2021 - Cheolhak-Korean Journal of Philosophy 149:89-112.
    지금까지 헤겔의 『법철학』은 주권 국가 내의 문제들에 한정해서만 주로 다루어져 왔고, ‘국제법’과 ‘국제관계’에 관련해서는 대부분 부정적 관점에서 논의되었다. 그러나 ‘국제법’과 ‘국제관계’에 관한 헤겔의 논의는 긍정적인 관점에서 새롭게 이해될 필요가 있다. 이러한 관점에서 주목해야 할 핵심 내용은 다음과 같다. 첫째, 헤겔은 『법철학』에서 실정적 조약들과 국제법을 분명하게 구분한다. 둘째, 국제법은 국가 간 인정관계를 전제로 하며 이 인정관계는 ‘보편적 당위의 형식적 측면’과 ‘인륜의 내용적 측면’을 필요로 한다. 셋째, 헤겔은 국제관계를 개별 주권 국가들의 대립적이며 적대적인 관계로만 보지 않고, 인륜의 관점에서 그들의 상호 인정과 연대도 (...)
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  20.  32
    Internal laws of probability, generalized likelihoods and Lewis' infinitesimal chances–a response to Adam Elga.Frederik Herzberg - 2007 - British Journal for the Philosophy of Science 58 (1):25-43.
    The rejection of an infinitesimal solution to the zero-fit problem by A. Elga ([2004]) does not seem to appreciate the opportunities provided by the use of internal finitely-additive probability measures. Indeed, internal laws of probability can be used to find a satisfactory infinitesimal answer to many zero-fit problems, not only to the one suggested by Elga, but also to the Markov chain (that is, discrete and memory-less) models of reality. Moreover, the generalization of likelihoods that Elga has in mind is (...)
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  21.  1
    International Law and the Possibility of a Just World Order: An Essay on Hegel's Universalism.Steven V. Hicks (ed.) - 1999 - Rodopi.
    This book examines the concepts of international law and international relations as they are developed in the social and political philosophy of G.W.F. Hegel. Hegel has a vision of a single modern social world, in which peoples and nation-states can co-exist under conditions of peace, justice, mutual respect, and prosperity.
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  22.  67
    International Law and the Search for Universal Principles in Journalism Ethics.Michael Perkins - 2002 - Journal of Mass Media Ethics 17 (3):193-208.
    International human rights law that protects freedom of the press provides a cross-culturally reliable foundation from which to launch a consideration of universal principles in journalism ethics. After examining certain assumptions made by the international law about individuals and about the kind of journalism the law intends to protect, in this article I propose that truthtelling, independence, and freedom with responsibility are universal ethical principles international law envisions for journalists. These principles would undoubtedly be applied differentially in (...)
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  23.  3
    International Law in The Era of Blockchain: Law Semiotics.Koshzhanova Baktygul - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-18.
    Being built on the ground of mutual effect, facing the current state-isolation, international law is losing its grip on efficiency. This makes some of us to question (1) If law is not working, do we still need law? If we would say no, the history shows that such is the path to the state-suicide. As Smithian mutual benefits is the assurance of the individual benefits, we need international relationships to create the benefits for the individual states, hence (...) law, Yet the current one is certainly not working, then, the question, (2) What should the international law be? The enforcement of the international law could be accomplished through the blockchain. As blockchain “went bypass” the national law, and simply negated it, yet it is still not immune to the scope of international jurisdiction. We also argue that the blockchain’ smart contract is not sufficient enough to operate smoothly. Human brain is structured as the mirror rather than a glass and transferring the law interpretation to the machine would not work, hence, we designed the formula of langue and parole, blockchain multiseg operating under the semiotics of the international law. Here the language learning is modelled with the supervisory and reinforcing algorithms, with supervisory predetermined with bias X,Y towards the values of law. Sort of form of constant repetends of Heidegger’s hermeneutics circle. The most important part in this paper is written with the purpose to explain that international law is at the same struggle that Kafka had. Carrying the weight of both, the clothed façade and true self, first being the morality guide and later the states will, and not being neither, international law is self-isolated from the real world, as Gregor Samsa was. Hence, this is not the paper of secularization, no customs, no higher purpose, nothing except the will of states, that can be constantly renewed with the signifier and signified being linked and re-linked. (shrink)
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  24.  6
    International Law, COVID-19 and Feminist Engagement with the United Nations Security Council: The End of the Affair?Catherine O’Rourke - 2020 - Feminist Legal Studies 28 (3):321-328.
    The gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised by the (...)
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  25. A Philosophy of International Law.Fernando Teson - 1998 - Westview Press.
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...)
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  26.  83
    Reparations, International Law and Global Justice: A New Frontier.Richard Falk - 2006 - In Pablo De Greiff (ed.), The Handbook of Reparations. Oxford University Press. pp. 478--503.
    This paper assesses recent trends in international law regarding the availability and character of reparations. Presently, reparations issues have arisen particularly in domestic societies searching for transitional justice in the aftermath of authoritarian rule. These issues are shaped by national legal systems, but are also influenced by international practice. In these transitional settings, the search for justice is affected by political preoccupations such as the persistent influence of displaced prior authoritarian leadership as well as by real and alleged (...)
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  27. Internationalization of Law: Globalization, International Law and Complexity.Marcelo Dias Varella - 2014 - Berlin, Heidelberg: Imprint: Springer.
    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international), and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs (...)
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  28. The philosophy of international law.Samantha Besson & John Tasioulas (eds.) - 2010 - New York: Oxford University Press.
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  29.  4
    International Law as a Profession.Jean D'Aspremont, Tarcisio Gazzini, André Nollkaemper & Wouter Werner (eds.) - 2017 - Cambridge University Press.
    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 (...)
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  30.  1
    Mobilising International Law for 'Global Justice'.Jeff Handmaker & Karin Arts (eds.) - 2018 - Cambridge University Press.
    Mobilising International Law for 'Global Justice' provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage (...)
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  31.  19
    Is International Law a Hartian Legal System?Carmen E. Pavel - 2018 - Ratio Juris 31 (3):307-325.
    H. L. A. Hart proposed one of the most influential accounts of law, according to which law is a union of primary rules, which guide the behavior of the law’s subjects, and secondary rules, which guide officials in recognizing, changing, and interpreting primary rules. Writing at the end of the 1950s, Hart had serious doubts about whether international law meets the necessary criteria for a legal system. But there are several reasons to reconsider his position. One is that (...) law has grown significantly since then, but a more important reason is that Hart provided an oversimplified description of the necessary and sufficient conditions for law provided by his account, and therefore of the nature of the international legal order. A proper understanding of Hart’s view gives us a richer and more accurate understanding of the essential features of law, but also a less precise yardstick by which to measure and characterize the various systems of rules, including international law. According to this new yardstick, international law fails to meet the criteria for a Hartian legal system, but for reasons other than those identified by Hart. (shrink)
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  32.  17
    International Law, Institutional Moral Reasoning, and Secession.David Lefkowitz - 2018 - Law and Philosophy 37 (4):385-413.
    This paper argues for the superiority of international law’s existing ban on unilateral secession over its reform to include either a primary or remedial right to secession. I begin by defending the claim that secession is an inherently institutional concept, and that therefore we ought to employ institutional moral reasoning to defend or criticize specific proposals regarding a right to secede. I then respond to the objection that at present we lack the empirical evidence necessary to sustain any specific (...)
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  33.  36
    The limits of international law.Jack L. Goldsmith - 2005 - New York: Oxford University Press. Edited by Eric A. Posner.
    A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.
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  34.  16
    International Law Theories: An Inquiry Into Different Ways of Thinking.Andrea Bianchi - 2016 - Oxford University Press UK.
    Two fish are swimming in a pond. "Do you know what?" the fish asks his friend. "No, tell me." "I was talking to a frog the other day. And he told me that we are surrounded by water!" His friend looks at him with great scepticism: "Water? What's that? Show me some water!"This book is an attempt to stir up 'the water' the two fish are swimming in. It analyses the different theoretical approaches to international law and invites readers (...)
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  35.  33
    Is International Law Impartial?Steven R. Ratner - 2005 - Legal Theory 11 (1):39-74.
  36.  7
    International Law.Anthony Woodiwiss - 2006 - Theory, Culture and Society 23 (2-3):524-525.
  37. Fairness in International Law and Institutions.Thomas M. Franck - 1995 - Oxford University Press UK.
    This book is based on Professor Franck's highly acclaimed Hague Academy General Course. In it he offers a compelling view of the future of international legal reasoning and legal theory. The author offers a critical analysis of the prescriptive norms and institutions of modern international law and argues that international law has the capacity to advance, in practice, the abstract social values shared by the community of states and persons. This book is both thought-provoking and original and (...)
     
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  38. International Law and Human Plurality in the Shadow of Totalitarianism: Hannah Arendt and Raphael Lemkin.Seyla Benhabib - 2009 - Constellations 16 (2):331-350.
  39.  1
    The International Law of Economic Migration.Joel P. Trachtman - 2016 - In Dennis Patterson & Anna Södersten (eds.), A Companion to European Union Law and International Law. Hoboken, NJ: Wiley. pp. 506–518.
    This chapter focuses on the implications of economically self‐interested behavior by voters and lobbyists, rather than important issues of irredentism, demagoguery, and security. It also focuses on the political problems of liberalizing migration between poor and wealthy states. Economists often support temporary migration in order to guard against potential adverse effects of brain drain. International organizations can serve to engage in surveillance, communication, and adjudication in order to enforce rules. Responsibility for international economic migration could be assigned to (...)
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  40.  17
    International Law as Language—Towards a “Neo” New Haven School.Jared Wessel - 2010 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (2):123-144.
    This paper examines the tension between the mainstream belief in international law as a source of objectivity distinct from politics and its new stream critics that question the validity of such a distinction. It is argued that, as a type of language, international law is not distinct from politics as a function of objectivity, but rather by the fact that it serves the international community’s thymos. The phenomena of global administrative law and NATO’s use of force in (...)
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  41.  4
    The Public International Law Theory of Hans Kelsen: Believing in Universal Law.Jochen von Bernstorff - 2010 - Cambridge University Press.
    This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his (...)
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  42. International Law and International Relations: An International Organization Reader.Beth A. Simmons & Richard H. Steinberg (eds.) - 2007 - Cambridge University Press.
    This 2007 volume is intended to help readers understand the relationship between international law and international relations. As a testament to this dynamic area of inquiry, new research on IL/IR is now being published in a growing list of traditional law reviews and disciplinary journals. The excerpted articles in this volume, all of which were first published in International Organization, represent some of the most important research since serious social science scholarship began in this area more than (...)
     
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  43.  25
    Interactional International Law as Theoretical Legal Framework for ASEAN Integration.Jose S. Samson - 2015 - Iamure International Journal of Literature, Philosophy and Religion 7 (1).
    Using the Rule of Law as the theoretical framework in his paper, the author proceeds to discuss ASEAN integration. His ultimate objective is to examine the applicability of Brunnée and Toope’s Interactional International Law to ASEAN integration. To provide the background to the process of ASEAN integration, the author cites selected works of scholars and experts in the fields of international law and international relations. The most important factor to be considered is the ASEAN Charter’s inclusion of (...)
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  44. International Law and International Relations: a Problematic and/or a Harmonious Relationship.Билјана Ванковска - 2018 - Годишен зборник на Филозофскиот факултет/The Annual of the Faculty of Philosophy in Skopje 71:289-307.
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  45.  40
    Globalization, International Law, and Human Rights, by Jeffrey F. Addicott, Md. Jahid Hossain Bhuiyan, Tareq M.R. Chowdhury (eds.), 2012. [REVIEW]Deepa Kansra - 2013 - Journal of the Indian Law Institute 55:245-248.
  46. International Law and its Others.Anne Orford (ed.) - 2006 - Cambridge University Press.
    Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law (...)
     
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  47.  3
    International Law as Behavior.Harlan Grant Cohen & Timothy Meyer (eds.) - 2021 - Cambridge University Press.
    This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a (...)
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  48.  14
    International Law on the Left: Re-Examining Marxist Legacies.Susan Marks (ed.) - 2008 - Cambridge University Press.
    Against expectations that the turn away from state socialism would likewise initiate a turn away from Marxist thought, recent years have seen a resurgence of interest in Marxism and its reassessment by a new generation of theorists. This book pursues that interest with specific reference to international law. It presents a sustained and fascinating exploration of the pertinence of Marxist ideas, concepts and analytical practices for international legal enquiry from a range of angles. Essays consider the relationship between (...)
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  49.  1
    Commentaries on Law: Embracing Chapters on the Nature, the Source, and the History of Law, on International Law, Public and Private, and on Constitutional and Statutory Law.Francis Wharton - 1884 - Gaunt.
    Wharton's Treatise on the Conflict of Laws (1872) established his reputation in the field of international law. In 1884 he produced his Commentaries on Law, a work encompassing both international and constitutional law. His purpose in publishing this was, as he states simply in the Preface, "to give an exposition of what may be called public law. In the first three chapter are considered successively the nature, the source, and the history of law; and it is maintained that (...)
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  50.  4
    International Law and Empire: Historical Explorations.Martti Koskenniemi, Walter Rech & Manuel Jiménez Fonseca (eds.) - 2017 - Oxford University Press UK.
    By examining the relationship between international law and empire from early modernity to the present, this volume aims at deepening current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance.
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