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Human Flourishing: The End of Law
This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .
Privacy Revisited
Privacy Revisited articulates the legal meanings of privacy and dignity through the lens of comparative law, and argues that the concept of privacy requires a more systematic approach if it is to be useful in framing and protecting certain fundamental autonomy interests.
Beyond Territoriality
Taking “extraterritoriality,” the traditional touchstone for the state-centered allocation of transnational legal authority, as its conceptual starting point the book traces the evolution of transnational legal authority in the course of globalization. It examines various representative transnational legal scenarios, covering issues of, inter alia, the environment, foreign trade and investment, corporate governance, criminal justice, cyberspace, and arms control. The end result is a complex, yet nuanced picture of today’s global governance architecture in which transnational legal authority may be exercised unilaterally or multilaterally; be minimally coordinated internationally or formally institutionalized; reflect a traditional state-centered, a supra-national or “privatized" approach; and be rooted in a single or a multiple-layered normative system.
The Prohibition of Propaganda for War in International Law
"Drawing on primary materials from the League of Nations to the Rome Statute of the International Criminal Court, this book makes the case for the revitalization ofa provision of international law which can be fundamental to the prevention of war.
Human Dignity and the Adjudication of Environmental Rights
Focusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself.
In Defense of Single-Parent Families
Dowd (law, U. of Florida) argues that the justifications for stigmatizing single-parent families are founded on myths used to rationalize harshly punitive social policies that hit children hardest. She says that many two-parent families in fact function as single-caregiving environments anyway, that the two kind of families have some unique and some common problems, that the failure or success of a family has little to do with its form, and that single-parent children often grow up with more admirable traits than their more conventional contemporaries. She looks hard at how the laws and other policies lay extra burdens on families, and recommends reforms. Annotation copyrighted by Book News, Inc., Portland, OR
Iran and the West
This book explores non-Western approaches to foreign policy in the context of Iran in order to encourage wider consideration of non-Western scholarship in international relations. Throughout its existence IR has drawn primarily on Western thought and experience, leaving other perspectives on the periphery of discourse. As the field becomes more about contexts beyond the West, this has become a challenge for creating a truly ‘global’ field of study. Concepts like ‘national interest,’ ‘rationality’ and ‘pragmatism’ are often applied to Iran without considering what these concepts mean in the context of Iranian political identity. The aim of this book is to highlight the contemp...
Indigenous Peoples' Status in the International Legal System
While many have explored the law surrounding the rights of indigenous peoples through an examination of all relevant instruments and institutions, this book is based on the premise that one can obtain an in depth knowledge of the indigenous rights regime by simply knowing the answer to two questions: What is meant by 'peoples' and 'equality' under international law? From Terra Nullius to International Legal Subjects and Possessors of Land - Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of 'peoples' is paramount to the question of whether indigeno...
Taking Ethno-Cultural Diversity Seriously in Constitutional Design
Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book...
Diaspora, Law and Literature
The well-known challenges of international migration have triggered new departures in academic approaches, with 'diaspora studies' evolving as an interdisciplinary and even transdisciplinary field of study. Its emerging methodology shares concerns with another interdisciplinary field, the study of the relations between law and literature, which focuses on the ways in which the two cultural practices of law and literature mutually negotiate each other and on the question after the ontological commensurability of the domains. This volume offers, for the first time, an attempt to provide an interface between these overlapping interdisciplinary endeavours of literary studies, legal studies, and diaspora studies. In doing so, it explores new approaches and invites new perspectives on diasporas, migration and the disciplines that study them, hopefull also adding to the cultural resources of coping with a swiftly changing social landscape in a globalizing world.
