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There are now many features of a new world order: the circulation of concepts, techniques, rules; the development of global epistemic communities; an increasing mix of national and supranational institutions; the formation of more horizontal links among States, which do not disappear, but rather become accountable to one other; the generalization of common usages and rules. Overall, this is conventionally called globalization. Globalization is the major development in the field of public law in the second half of the twentieth century. It has evolved according to an incremental pattern. First, it was applied to peace and human rights (the United Nations); then, to areas such as the sea, nuclear waste, health, labor, the environment. Subsequently, it was applied to trade, and, finally, to global terrorism and global crises. The process of globalization has been piecemeal, and globalization has developed through crises and unbalances, by accretion and accumulation.
This book explores how the domestic law of states is increasingly accompanied by a 'global law' distinct from regional and international law.
The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.
Was there international law in the Middle Ages? Using treaties as its main source, this book examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law. International law in Europe, 700–1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
A detailed analysis of the foundations and challenges of UK, EU and global administrative law.
Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.
The proposed volume consists of an edited collection within the new Melland Schill Guidebooks on International Law (MSGIL) series. In line with the MSGIL objective of inclusiveness, originality, perspectivism and critical thought, the book is the first of an intended series pertaining to perspectives related to the ways in which the arts influence the perception and attitude of the public towards international law, and the manner this affects the discipline, both in terms of its own development and in terms of its social legitimacy. The book contrasts the narratives of international law depicted in cinema and TV productions with the corresponding narratives advanced by legal scholars. It identifies a cognitive dissonance between them and ascertains its implications on general perceptions of international law.
Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.