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The New Technologies of Freedom
We are on the cusp of a dramatic wave of technological change - from blockchain to automated smart contracts, artificial intelligence and machine learning to advances in cryptography and digitisation, from Internet of Things to advanced communications technologies. These are the new technologies of freedom. These tools present a historical unprecedented opportunity to recapture individual freedoms in the digital age - to expand individual rights, to protect property, to defend our privacy and personal data, to exercise our freedom of speech, and to develop new voluntary communities. This book presents a call to arms. The liberty movement has spent too much time begging the state for its libe...
Revolutions in International Law
The 1917 October Revolution and the revolutionary Mexican Constitution shook the foundations of international law. This collection revisits their legacies.
The Rebirth of Territory
Gail Lythgoe challenges readers to reconsider the territoriality of the contemporary global order. This study sits at the intersection between international law, geography, and global governance, examining the spatial assumptions of legal practice and power and offering a new legal account of territory and geography for the global order.
The Necessity of Nature
A study of the natural law ideas of the seventeenth-century Scientific Revolution and their impact on the philosophy of law.
Demystifying Treaty Interpretation
Will appeal to scholars, practitioners and general readers engaging with treaty interpretation at all levels and will enhance the reader's knowledge and mastery of the interpretive process. It will shed light on all those relevant elements and/or connections that the traditional rule-based approach to treaty interpretation largely overlooks.
The New Haven School
The New Haven School was a school of legal theory and practice that was developed and taught at Yale Law School and named for its place of origin. At its centre stood a 'policy-oriented jurisprudence' - so-called for its emphasis on using law to pursue acknowledged policy aims. It was developed by Harold Lasswell and Myres McDougal in the 1940s. The New Haven School provides a comprehensive history of the School and a thorough examination of its impact on American International law in the past and today. Beginning with a review of Laswell and McDougal's biographies using previously unexploited archival materials drawn from multiple sites in New Haven, New York, and Chicago, this book explore...
The Functions of International Adjudication and International Environmental Litigation
This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
Legal and Political Foundations of Capitalism
“Institutions matter” is a common refrain among all economists—including many who have proposed progressive alternatives to free market fundamentalism. However, this sentiment does not go far enough. This book draws principally on the Original Institutional Economics and American Legal Realist traditions to propose a theory of legal institutionalism or institutional political economy. By arguing that society is a political community it challenges the private law versus public law or state versus markets distinction. Focusing on property, money and credit, constitutional law, and corporations this book argues that laissez-faire has never existed and that “state intervention versus de-...
Rethinking Investment Law
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more...
