the new global law asil studies in international legal theory

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The New Global Law

Author : Rafael Domingo
ISBN : 9781139485944
Genre : Law
File Size : 74. 98 MB
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The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Negotiating State And Non State Law

Author : Michael A. Helfand
ISBN : 9781107083769
Genre : Law
File Size : 90. 48 MB
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Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

The Future Of International Law

Author : Joel P. Trachtman
ISBN : 9781107035898
Genre : Law
File Size : 89. 15 MB
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Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.

Global Justice And International Economic Law

Author : Chi Carmody
ISBN : 9781139503518
Genre : Law
File Size : 45. 41 MB
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Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the WTO, states have continued to develop institutions and legal infrastructure to promote global interdependence. International lawyers are experts in understanding how these institutions operate in practice, but they tend to uncritically accept comparative advantage as the principal normative criterion to justify these institutions. In contrast, moral and political philosophers have developed accounts of global justice, but these accounts have had relatively little influence on international legal scholarship and on institutional design. This volume reflects the results of a symposium held at Tillar House, the American Society of International Law headquarters in Washington, DC, in November 2008, which brought together philosophers, legal scholars and economists to discuss the problems of understanding international economic law from the standpoints of rights and justice, in particular from the standpoint of distributive justice.

Normative Pluralism And International Law

Author : Jan Klabbers
ISBN : 9781107245167
Genre : Law
File Size : 49. 33 MB
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This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.

Theoretical Boundaries Of Armed Conflict And Human Rights

Author : Jens David Ohlin
ISBN : 9781107137936
Genre : Law
File Size : 79. 85 MB
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A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.

The Theory Of Self Determination

Author : Fernando R. Tesón
ISBN : 9781316483367
Genre : Law
File Size : 68. 32 MB
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When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations.

Normative Pluralism And International Law

Author : Jan Klabbers
ISBN : 9781107036222
Genre : Law
File Size : 62. 46 MB
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This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.

The Future Of International Law

Author : Joel P. Trachtman
ISBN : 9781107035898
Genre : Law
File Size : 46. 62 MB
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Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.

Parochialism Cosmopolitanism And The Foundations Of International Law

Author : M. N. S. Sellers
ISBN : 9780521518024
Genre : Law
File Size : 78. 74 MB
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This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

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