Time History and International Law

This book examines theoretical and practical issues concerning the relationship between international law, time and history.

Author: Matthew C. R. Craven

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004154810

Category: Law

Page: 264

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This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
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The Progression of International Law

writes Robert Kagan, “the age-old laws of international relations have been repealed. Europeans have stepped out of the Hobbesian world of anarchy into the Kantian world of perpetual peace”.55 It is, of course, debatable to what extent ...

Author: Yoram Dinstein

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004219113

Category: Law

Page: 658

View: 394

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This volume was produced to celebrate the fortieth anniversary of the Israel Yearbook on Human Rights. Forty years have yielded an impressive forty annual volumes. When it was started in 1971, the Yearbook was the first of its kind anywhere in the world. It has always understood its mandate as transcending the narrow borders of the discipline of either national or international human rights. From the outset, international humanitarian law and international criminal law were understood as coming within the proper framework of the Yearbook, as were on occasion articles on diverse freedoms that may seem out of bounds to a strict interpreter of the phrase “human rights”.
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Dickinson journal of international law

Thus, the U.S. federal courts are increasingly the forum of international litigation, causing a need for litigators to be well versed in different aspects of international law relating to international finance, trade and human rights, ...

Author:

Publisher:

ISBN: UCAL:B5114242

Category:

Page: 654

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International Law as Social Construct

The following equations are made: justice is equal to value and value is equal to progress, hence justice is equal to ... 152 On progress in international law, see RA Müllerson, Ordering Anarchy: International Law in International ...

Author: Carlo Focarelli

Publisher: OUP Oxford

ISBN: 9780191632198

Category: Law

Page: 632

View: 725

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The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it draws upon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is crucial to our understanding of international law and to the struggle to create better working rules. The book re-conceptualizes both past and new doctrines of international law as 'constructs', namely, as strategies of concomitantly de-mythologizing and re-mythologizing international law. Key areas of international law, including subjects, sources, hierarchy, values, and remedies, are shown to be part of this process. The social impact on international law of transnational actors and stakeholders, normative fragmentation, global justice, legitimacy of both rules and players, dynamics and hierarchization of norms, compliance and implementation in municipal law is also extensively investigated. Five basic values of the international community, namely security, humanity, wealth, environment, and knowledge, are explored by stressing their inter- and intra-tensions. Finally, the analysis is extended to the role that international courts play in the prosecution of heads of state and other transnational players who violate international law.
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Routledge Handbook of International Law

This Handbook provides a definitive global survey of the interaction of international politics and international law.

Author: David Armstrong

Publisher: Taylor & Francis US

ISBN: 0415610524

Category: Law

Page: 504

View: 554

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The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field. This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections: The Nature of International Law including the interaction between the disciplines of International Law and International Relations The Evolution of International Law progressing from the ancient world to present day. Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by "new terrorism". A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.
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International Law and International Relations

This fully updated and revised edition explores the evolution, nature and function of international law in world politics.

Author: David Armstrong

Publisher: Cambridge University Press

ISBN: 9781107011069

Category: Law

Page: 365

View: 971

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This fully updated and revised edition explores the evolution, nature and function of international law in world politics.
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The Progress of International Law and Arbitration

Turning back now to sum up the progress that has been made from 1856 in regard to the Laws of War we find that the record is remarkable . We have now got a written Code which gives us , more or less completely , the law in regard to ...

Author: Sir Henry Erle Richards

Publisher:

ISBN: UOM:39015074172084

Category: Arbitration (International law)

Page: 32

View: 353

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Basistexte V lkerrechtsdenken

Das heutige Völkerrecht lässt sich ohne eine Auseinandersetzung mit den klassischen Texten des neueren Völkerrechtsdenkens nicht verstehen.

Author: Bardo Fassbender

Publisher: UTB

ISBN: 9783825237219

Category: Law

Page: 243

View: 314

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Das heutige Völkerrecht lässt sich ohne eine Auseinandersetzung mit den klassischen Texten des neueren Völkerrechtsdenkens nicht verstehen. Die kommentierte Auswahl repräsentativer Texte aus den verschiedenen Strömungen des Faches lädt zum (Wieder-) Entdecken und kritischen Hinterfragen der Klassiker ein.
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