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Mestizo International 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.
The Public International Law Theory of Hans Kelsen
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.
Legalist Empire
'Legalist Empire' explores the intimate connections between international law and empire in the United States from 1898 to 1919.
The Exercise of Public Authority by International Institutions
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...
International Law as a Profession
This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.
International Law
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Affectedness and Participation in International Institutions
Affectedness and Participation in International Institutions looks at the growing involvement of affected persons in global politics, such as young climate activists, indigenous movements, and persons affected by HIV/AIDS. Since the early 2000s, international organisations within various policy areas have increasingly recognised and involved affected persons' organisations. This has promised to address long-standing legitimacy and democracy deficits of international policy making and norm setting. Yet, the powerful do not easily cede the terrain: Some major states, classic NGOs, and intergovernmental organisations seek to curtail the influence of the newcomers. The authors within this collec...
Intervention in Civil Wars
Interventions in internal conflicts in the pre-charter era -- Intervention and use of force in the United Nations era -- Interventions by invitation between legitimacy and effectiveness -- Intervention by invitation and governmental (il)legitimacy : rethinking the traditional approaches -- Interventions in favour of governments committing gross and systematic violations of human rights and humanitarian law -- Legitimacy of rebels in international law -- Use of force by and against legitimate rebels : towards the emergence of a jus ad bellum applicable to internal armed conflicts? -- Interventions in favour of rebels and human rights -- Conclusions.
Contingency in International Law
This volume brings together a group of renowned experts to discuss the question of whether international law could have developed differently. Contributors explore contingency in theory and practice across a range of fields, including those related to migrants and refugees, the sea and natural resources, and human rights.
Globalisation and Governance
This edited collection evaluates international and regional approaches to global governance problems, exploring solutions offered by the EU.
