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 : 80. 16 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.

Normative Pluralism And International Law

Author : Jan Klabbers
ISBN : 9781107036222
Genre : Law
File Size : 43. 31 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 : 39. 19 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 : 86. 81 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.

Customary International Law

Author : Brian D. Lepard
ISBN : 9780521191364
Genre : Law
File Size : 62. 34 MB
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This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.

Negotiating State And Non State Law

Author : Michael A. Helfand
ISBN : 9781107083769
Genre : Law
File Size : 29. 83 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.

Reexamining Customary International Law

Author : Brian D. Lepard
ISBN : 9781108107938
Genre : Law
File Size : 40. 84 MB
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Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.

The Theory Of Self Determination

Author : Fernando R. Tesón
ISBN : 9781107119130
Genre : Law
File Size : 84. 68 MB
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In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.

Human Rights In Emergencies

Author : Evan J. Criddle
ISBN : 9781107115835
Genre : Law
File Size : 86. 59 MB
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This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.

The Challenge Of Inter Legality

Author : Jan Klabbers
ISBN : 9781108425476
Genre : Business & Economics
File Size : 66. 93 MB
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The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.

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