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Whiggish International Law
  • Language: en
  • Pages: 283

Whiggish International Law

  • Categories: Law
  • Type: Book
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  • Published: 2019-03-25
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  • Publisher: BRILL

International law’s turn to history in the Americas receives invigorated refreshment with Christopher Rossi’s adaptation of the insightful and inter-disciplinary teachings of the English School and Cambridge contextualists to problems of hemispheric methodology and historiography. Rossi sheds new light on abridgments of history and the propensity to construct and legitimize whiggish understandings of international law based on simplified tropes of liberal and postcolonial treatments of the Monroe Doctrine. Central to his story is the retelling of the Monroe Doctrine by its supreme early twentieth century interlocutor, Elihu Root and other like-minded internationalists. Rossi’s revival of whiggish international law cautions against the contemporary tendency to re-read history with both eyes cast on the ideological present as a justification for misperceived historical sequencing.

Indigenous Peoples as Subjects of International Law
  • Language: en
  • Pages: 237

Indigenous Peoples as Subjects of International Law

  • Categories: Law

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

A Companion to the Spanish Scholastics
  • Language: en
  • Pages: 643

A Companion to the Spanish Scholastics

  • Type: Book
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  • Published: 2021-12-13
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  • Publisher: BRILL

A much-needed survey of the entire field of early modern Spanish scholastic thought. Each chapter is grounded in primary sources and the relevant historiography, includes a useful bibliography, and serves as a point of departure for future research.

The American Society of International Law's First Century
  • Language: en
  • Pages: 661

The American Society of International Law's First Century

  • Categories: Law

From the historic launch of the organization by such luminaries as Elihu Root and Charles Evans Hughes, to the recent era when international law is more and more in the public realm, Kirgis's book traces the evolution of the organization and its relationship to events in the United States and around the world. As he says in the preface: "'...In the end, the reader will have to make his/her own judgment about how well the Society has run the course it set out for itself in 1906. I hope this book will provide a basis for that judgment. And of course no judgment at this stage can be final. The American Society of International Law will carry on into its second century with new and continuing programs that take into account what it has done in its first one hundred years. It will continue to do its best to demonstrate not only what international law is or should be, but also that, in the words of former ASIL President Louis Henkin, international law matters.'"

The Politics of International Law
  • Language: en
  • Pages: 400

The Politics of International Law

  • Categories: Law
  • Type: Book
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  • Published: 2021
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  • Publisher: Unknown

The Politics of International Law offers an introduction to the role of law in contemporary international affairs. Through a case study-driven analysis of topics such as human rights, the use of force, international environmental law, international trade law, international criminal justice and the right to self-determination, the book explains the interaction between law and politics in the world today, demonstrating that one cannot be understood without the other.The book is divided into two parts. Part I introduces contemporary international law with a focus on constitutive legal principles such as sovereignty, territorial integrity and the legal equality of states. Through these introduct...

In Search of the Whole
  • Language: en
  • Pages: 231

In Search of the Whole

The contributors to this inspiring anthology meet the challenge that everyone faces: that of becoming a whole person in both their personal and professional lives. John C. Haughey, SJ, has gathered twelve professionals in higher education from a variety of disciplines—philosophy, theology, health care, business, and administration. What they have in common reflects the creative understanding of the meaning of “catholic” as Haughey has found it to operate in Catholic higher education. Each essay in the first six chapters describes how its author has assembled a unique whole from within his or her particular area of academic competence. The last six chapters are more autobiographical, with each author describing what has become central to his or her identity. All twelve are “anticipating an entirety” with each contributing a coherence that is as surprising as it is delightful.

Sustainability through Participation?
  • Language: en
  • Pages: 534

Sustainability through Participation?

  • Categories: Law
  • Type: Book
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  • Published: 2023-07-03
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  • Publisher: BRILL

Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.

Odious Debt
  • Language: en
  • Pages: 265

Odious Debt

  • Categories: Law

What are fallen tyrants owed? What makes debt illegitimate? And when is bankruptcy moral? Drawing on new archival sources, this book shows how Latin American nations have wrestled with the morality of indebtedness and insolvency since their foundation, and outlines how their history can shed new light on contemporary global dilemmas. With a focus on the early modern Spanish Empire and modern Mexico, Colombia, and Argentina, and based on archival research carried out across seven countries, Odious Debt studies 400 years of history and unearths overlooked congressional debates and understudied thinkers. The book shows how discussions on the morality of debt and default played a structuring rol...

Marketing Global Justice
  • Language: en
  • Pages: 331

Marketing Global Justice

  • Categories: Law

A political economy analysis that explains international criminal law's hegemonic status in the understanding of global justice.

The Right to Exclude
  • Language: en
  • Pages: 369

The Right to Exclude

  • Categories: Law

In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hiera...