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The Exercise of Public Authority by International Institutions
  • Language: en
  • Pages: 990

The Exercise of Public Authority by International Institutions

  • Categories: Law

The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law...

The Public International Law Theory of Hans Kelsen
  • Language: en
  • Pages: 343

The Public International Law Theory of Hans Kelsen

  • Categories: Law

This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

Mestizo International Law
  • Language: en
  • Pages: 421

Mestizo International Law

  • Categories: Law

The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.

Legalist Empire
  • Language: en
  • Pages: 297

Legalist Empire

'Legalist Empire' explores the intimate connections between international law and empire in the United States from 1898 to 1919.

International Law
  • Language: en
  • Pages: 624

International Law

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Intervention in Civil Wars
  • Language: en
  • Pages: 344

Intervention in Civil Wars

  • Categories: Law

This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

Globalisation and Governance
  • Language: en
  • Pages: 529

Globalisation and Governance

  • Categories: Law

This edited collection evaluates international and regional approaches to global governance problems, exploring solutions offered by the EU.

Investment Treaties and the Legal Imagination
  • Language: en
  • Pages: 273

Investment Treaties and the Legal Imagination

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

This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

International Law as a Profession
  • Language: en
  • Pages: 471

International Law as a Profession

  • Categories: Law

International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.

Governing the World
  • Language: en
  • Pages: 501

Governing the World

  • Type: Book
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  • Published: 2012-10-04
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  • Publisher: Penguin UK

The compelling and provocative history of world government, from acclaimed author Mark Mazower Shortlisted for the RUSI 2013 Duke of Wellington Medal for Military Literature In 1815 the shocked and exhausted victors of the decades of fighting that had engulfed Europe for a generation agreed to a new system for keeping the peace. Instead of independent states changing sides, doing deals and betraying one another, a new, collegial 'Concert of Europe' would ensure that the brutal chaos of the Napoleonic Wars never happened again. Mark Mazower's remarkable new book recreates two centuries of international government - the struggle to spread values and build institutions to bring order to an anarchic and dangerous state system.