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International Law as Behavior
  • Language: en
  • Pages: 311

International Law as Behavior

  • Categories: Law

Using a multi-disciplinary approach, this volume shows how international law shapes behavior.

Legitimacy and International Courts
  • Language: en
  • Pages: 397

Legitimacy and International Courts

  • Categories: Law

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Wither the West?
  • Language: en
  • Pages: 279

Wither the West?

  • Categories: Law

A collection of expert essays analyzing how American and European's views of international law are diverging as a reaction to globalization.

Negotiating State and Non-State Law
  • Language: en
  • Pages: 363

Negotiating State and Non-State Law

  • Categories: Law

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War
  • Language: en
  • Pages: 502

Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War

  • Categories: Law

From the foundation of the American Republic, presidents have had to deal with both internal and external national security threats. From President Washington and his policy of neutrality during the wars between Great Britain and France in the eighteenth century, to President Lincoln and the war to save the union, to President Wilson during the war to end all wars, to President Roosevelt and war of the Greatest Generation, to President Truman and his steel during the forgotten war, and most recently to President Bush and the War on Terror, presidents have had to use their power as commander-in-chief to meet the challenges of national crisis and war. The judiciary, specifically the Supreme Co...

Philosophy and International Law
  • Language: en
  • Pages: 289

Philosophy and International Law

  • Categories: Law

Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.

Interpretation in International Law
  • Language: en
  • Pages: 433

Interpretation in International Law

  • Type: Book
  • -
  • Published: 2015
  • -
  • Publisher: Unknown

International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illu...

The Changing Character of International Dispute Settlement
  • Language: en
  • Pages: 591

The Changing Character of International Dispute Settlement

  • Categories: Law

Offers insightful reflections on contemporary challenges to the authority, effectiveness, legitimacy, and coordination of the international dispute settlement system.

A Nascent Common Law
  • Language: en
  • Pages: 426

A Nascent Common Law

  • Categories: Law

In A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors Frédéric Gilles Sourgens submits that investor-state dispute resolution relies upon an inductive, common law decisionmaking process, which reveals a necessary plurality of first principles within investor-state dispute resolution. Relying upon, amongst others, Wittgenstein's Philosophical Investigations, the book explains how this plurality of first principles does not devolve into arbitrary indeterminacy. A Nascent Common Law provides an alternative account to current theoretical conceptions of investor-state arbitration. It explains that these theories cannot adequately resolve a key empirical challenge: tribunals frequently reach facially inconsistent results on similar questions of law. Sourgens makes an inductive approach, focused on the manner of decisionmaking by tribunals in the context of specific records that can explain this inconsistency.

International Law as Behavior
  • Language: en

International Law as Behavior

  • Type: Book
  • -
  • Published: 2020
  • -
  • Publisher: Unknown

"This book's goal is break down some of these barriers and provide a glimpse of what an international law more focused on behavior and more engaged with these other fields might look like. Part I of this chapter sets the scene, describing international law's long interest in behavior and past attempts to explore that relationship. Parts II and III describe the book's approach and lays out the contributions in each chapter. Part IV starts the process of bringing these insights together, outlining a series of takeaways for future study of international law as behavior"--