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Courts, Codes, and Custom
This text explores the role of legal tradition in shaping state policy toward international human rights and environmental law. Examining the institutional and cultural characteristics within a state's legal tradition across ten case studies, the book shows the importance of domestic legal factors to understanding state policy toward international law.
Courts, Codes, and Custom
Courts, Codes, and Custom addresses the question of why some states recognize and comply with international human rights and environmental law, while others do not. To address this question, Dana Zartner has developed a novel cultural-institutional theory to explain the manner in which a state's domestic legal tradition shapes policy through the process of internalization. A state's legal tradition - the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process - is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only pe...
Early Modern Constructions of Europe
Between the medieval conception of Christendom and the political visions of modernity, ideas of Europe underwent a transformative and catalytic period that saw a cultural process of renewed self-definition or self-Europeanization. The contributors to this volume address this process, analyzing how Europe was imagined between 1450 and 1750. By whom, in which contexts, and for what purposes was Europe made into a subject of discourse? Which forms did early modern ‘Europes’ take, and what functions did they serve? Essays examine the role of factors such as religion, history, space and geography, ethnicity and alterity, patronage and dynasty, migration and education, language, translation, a...
The Cambridge Handbook of Comparative Law
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
Comparative International Law
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
War and Peace
This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.
Tensions of Modernity
Politics today is marked by tension between claims of universal human rights and diversity. From the war on terror to immigration, one of the major challenges facing liberalism is to understand the scope of equality in a world in which certain peoples are perceived to reject and/or violently resist democratic principles. This book revisits Europe’s initial encounter with the Native Americans of the New World to shed light on how the West’s initial defense of so-called ‘barbarians’ has influenced the way we think about diversity today, and elucidate the arguments of exclusion that unconsciously permeate the moral world we live in. In doing so, Daniel R. Brunstetter traces Bartolomé d...
Imaginaries of Connectivity
This edited collection addresses the problem of how the creation of novel spaces of governance relates to imaginaries of connectivity in time. While connectivity seems almost ubiquitous today, it has been imagined and practiced in various ways and to varying political effects in different historical and geographical contexts. Often the conception of new connectivities also gives birth to new spaces of governance. The political denomination of spaces – whether maritime, continental, social, or virtual – reflects the situatedness of power. Yet, such crafting of new spaces also expresses particular imaginaries and technologies of connectivity that make governance possible. Whereas the study...
Art and the Global Economy
Introduction : measuring the economy of the arts -- Museums in flux -- The exhibitionary complex -- Art and the global marketplace -- Conclusion : non-profits and artist collectives as market alternatives
Environmental Justice and the Rights of Ecological Refugees
Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means. Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. In Part I, Westra provides an overview of what defines an ecological refugee and their present legal status. Part II goes into greater depth as to who the vulnerable are and what protection they have in international law. Part III looks to the future, advocating a comprehensive approach to the problem. With extensive examples and analysis, this is a compelling treatment that will be indispensable for legal professionals, government and business leaders, academics and students of the role of law in the protection of the rights of refugees.
