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The Nature of Customary Law
Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Time, History and International Law
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...
Catholicism and Democracy
How the Catholic Church redefined its relationship to the state in the wake of the French Revolution Catholicism and Democracy is a history of Catholic political thinking from the French Revolution to the present day. Emile Perreau-Saussine investigates the church's response to liberal democracy, a political system for which the church was utterly unprepared. Looking at leading philosophers and political theologians—among them Joseph de Maistre, Alexis de Tocqueville, and Charles Péguy—Perreau-Saussine shows how the church redefined its relationship to the state in the long wake of the French Revolution. Disenfranchised by the fall of the monarchy, the church in France at first embraced...
European Legal History
This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.
Complicity and the Law of State Responsibility
This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.
Vattel's International Law from a XXIst Century Perspective / Le Droit International de Vattel vu du XXIe Siècle
No other scholar has so deeply influenced the development of international law or shaped the doctrinal debates as Vattel. More than 250 years after its publication, his Law of Nations has remained the most frequently quoted treatise of international law. Vattel's International Law from a XXIst Century Perspective explores the reasons behind the extraordinary authority of Vattel and analyses its continuing relevance for thinking and understanding contemporary international law. It gathers the contributions from well-known experts of international law and history for the purpose of evaluating the Law of Nations from a XXIst century perspective. The multiple facets of Vattel’s thinking are apprehended through a wide-ranging and comprehensive analysis respectively devoted to the international system, the sources of international law, the subjects of international law, the law of peace, and the law of war.
The Philosophy of International Law
This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
Public Law
Public Law is a high quality introductory textbook that comprehensively covers the key topics found on undergraduate public law courses. Three key themes that permeate all of the content allow students to approach the content in a structured and easy to understand way and questions posed throughout the chapters give students the opportunity to provide answers that show how their knowledge has increased as the chapter progresses. The key themes are: -The significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account -The shift in recent times from a more political to a more legal constitution and the implications of t...
European Comparative Company Law
Company law is undergoing fundamental change in Europe. All European countries have undertaken extensive reform of their company legislation. Domestic reform has traditionally been driven by corporate failures or scandals. Initiatives to make corporate governance more effective are a feature of recent European law reform, as are measures to simplify and ease burdens on smaller and medium-sized businesses (SMEs). An increasing EU harmonisation is taking place through the Company Law Directives, and the free movement of companies is also facilitated by the case law of the European Court of Justice on the directives and the right to free movement and establishment in the EC Treaty. New European corporate forms such as the European Economic Interest Grouping (EEIG) and the European Company (SE) have added new dimensions. At a time of rapid development of EU and national company laws, this book will aid the understanding of an emerging discipline.
