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Uncertainty in International Law
  • Language: en
  • Pages: 454

Uncertainty in International Law

  • Categories: Law
  • Type: Book
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  • Published: 2010-07-12
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  • Publisher: Routledge

Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through th...

International Investment Law and Legal Theory
  • Language: en
  • Pages: 391

International Investment Law and Legal Theory

  • Categories: Law

Expropriation is a hotly debated issue in international investment law. This is the first study to provide a detailed analysis of its norm-theoretical dimension, setting out the theoretical foundations underlying its understanding in contemporary legal scholarship and practice. Jörg Kammerhofer combines a doctrinal discussion with a theoretical analysis of the structure of the law in this area, undertaking a novel approach that critically re-evaluates existing case-law and writings. His approach critiques the arguments for a single expropriation norm based on custom, interpretation and arbitral precedents within international investment law, drawing also on generalist international legal thought, to show that both cosmopolitan and sovereigntist arguments are largely political, not legal. This innovative work will help scholars to understand the application of theory to investment law and help specialists in the field to improve their arguments.

The Theory, Practice and Interpretation of Customary International Law
  • Language: en
  • Pages: 647

The Theory, Practice and Interpretation of Customary International Law

  • Categories: Law

Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

International Legal Positivism in a Post-Modern World
  • Language: en
  • Pages: 555

International Legal Positivism in a Post-Modern World

  • Categories: Law

International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.

The Application of Teachings by the International Court of Justice
  • Language: en
  • Pages: 273

The Application of Teachings by the International Court of Justice

  • Categories: Law

The first book-length systematic examination of how teachings are used in practice in international law.

International Law Theories
  • Language: en
  • Pages: 337

International Law Theories

  • Categories: Law

By providing an overview of the different theoretical approaches to and perspectives on international law, this book takes readers through fourteen of the most important theories of international law, explaining their origins, core components, and the influence they have had.

The Oxford Handbook on the Sources of International Law
  • Language: en
  • Pages: 1233

The Oxford Handbook on the Sources of International Law

  • Categories: Law

This handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.--

The Interpretation of Acts and Rules in Public International Law
  • Language: en
  • Pages: 623

The Interpretation of Acts and Rules in Public International Law

  • Categories: Law

This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.

International Investment Law and History
  • Language: en
  • Pages: 400

International Investment Law and History

Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.

Conceptual (Re)Constructions of International Law
  • Language: en
  • Pages: 261

Conceptual (Re)Constructions of International Law

  • Categories: Law

This timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed.