a foucauldian approach to international law descriptive thoughts for normative issues

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A Foucauldian Approach To International Law

Author : Leonard M. Hammer
ISBN : 9781317188193
Genre : Law
File Size : 47. 78 MB
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Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.

Research Methodologies In Eu And International Law

Author : Tamara Hervey
ISBN : 9781847316417
Genre : Law
File Size : 67. 67 MB
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Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.

State Accountability Under International Law

Author : Lisa Yarwood
ISBN : 9781136871153
Genre : Law
File Size : 24. 91 MB
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This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole. State Accountability under International Law sets forth a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined. Using a Foucauldian influenced interpretive methodology, this book adopts a novel construction of State accountability as having legal, political and even moral characteristics. It argues that the international community seeks to hold States accountable utilising a variety of traditional and non-traditional responses that cumulatively recognise that the institutions that comprise and legitimise the State were instrumental in the particular breach. Using case studies taken from State practice from throughout the twentieth century and covering a range of geographic contexts, the conclusion is that there is evidence that State accountability, as it is conceptualised here, is evolving into a legal principle. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established, with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to seek accountability from Russia for former crimes of the USSR.

International Journal Of Legal Information

Author :
ISBN : UOM:39015081575519
Genre : Law
File Size : 79. 50 MB
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Current Publications In Legal And Related Fields

Author :
ISBN : STANFORD:36105064159796
Genre : Bibliography
File Size : 79. 46 MB
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American Book Publishing Record

Author :
ISBN : UOM:39015066180434
Genre : American literature
File Size : 59. 73 MB
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Bibliographie Mensuelle

Author : United Nations Library (Geneva, Switzerland)
ISBN : NYPL:33433116699376
Genre : International law
File Size : 66. 2 MB
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International Social Science Journal

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ISBN : UCLA:L0106150790
Genre : Social sciences
File Size : 69. 68 MB
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Global Norms In The Twenty First Century

Author : Klaus-Gerd Giesen
ISBN : NWU:35556036773737
Genre : Political Science
File Size : 24. 13 MB
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Norms in the contemporary world system are no longer established exclusively through inter-state agreement but increasingly, are becoming truly global. This is made possible by the rapid privatisation of law and the self-regulation of the transnational private sector. Other forces driving this epochal transformation are the overwhelming pre-eminence of the United States, the erosion of the role of the United Nations, and the appearance of new actors such as subnational entities and NGO's. They all contribute to the creation and ideological justification of new norms. This collection brings together critical studies on this complex process. Written by authors from eleven different countries, both established scholars and young specialists, the book challenges the often convenient rationalisations of regime theory, the governance approach, and 'post-national' or 'cosmopolitan' democracy, in order to explore the practical, theoretical and ethical implications of the new world of global norms.


Author : Raia Prokhovnik
ISBN : 1403913234
Genre : Political Science
File Size : 42. 44 MB
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The book explores the history of the concept of sovereignty, contemporary theory, and contemporary political issues with crucial practical and institutional implications.

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