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State Responsibility and Rebels
  • Language: en
  • Pages: 467

State Responsibility and Rebels

  • Categories: Law

This book traces the emergence and contestation of State responsibility for rebels during the nineteenth and early-twentieth centuries. In the context of decolonisation and capitalist expansion in Latin America, it argues that the mixed claims commissions-and the practices of intervention associated with them-served to insulate economic order against revolution, by taking the question of who assumed the risk of harm by rebels out of the scope of national authority. The jurisprudence of the commissions was contradictory and ambiguous. It took a lot of interpretive work by later scholars and codifiers to rationalise rules of responsibility out of these shaky foundations, as they battled for the meaning and authority of the arbitral practice. The legal debates were structured around whether the standard of protection against rebels owed to aliens was nationally or internationally determined and whether it was domestic or international authority that adjudicated such standard-a struggle over the internationalisation of protection against rebels.

Revolutions in International Law
  • Language: en
  • Pages: 445

Revolutions in International Law

  • Categories: Law

In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.

Rebellions and Civil Wars
  • Language: en
  • Pages: 459

Rebellions and Civil Wars

  • Categories: Law

Analysis of questions of State responsibility and attribution arising from the conduct of rebels and governments in civil war situations.

Contingency in International Law
  • Language: en
  • Pages: 577

Contingency in International Law

  • Categories: Law

This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.

Crafting the International Order
  • Language: en
  • Pages: 305

Crafting the International Order

  • Categories: Law

This edited volume uncovers the extent of the contribution of lawyers to international politics over the past three hundred years. It also examines how practitioners of international relations, including politicians, diplomats, and military advisers, have considered their tasks in distinctly legal terms.

Armed Groups and International Law
  • Language: en
  • Pages: 341

Armed Groups and International Law

  • Categories: Law

Through its careful consideration of the status of armed groups within a complex legal landscape, this insightful volume identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. This title contains one or more Open Access chapters.

The Oxford Handbook of International Refugee Law
  • Language: en
  • Pages: 1337

The Oxford Handbook of International Refugee Law

  • Categories: Law

This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.

Capitalism As Civilisation
  • Language: en
  • Pages: 277

Capitalism As Civilisation

  • Categories: Law

Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.

Judging Refugees
  • Language: en
  • Pages: 189

Judging Refugees

  • Categories: Law

Reveals the impossible demands for narrative placed on refugee applicants and their oral testimony within state processes for refugee status determination.

The Process of International Legal Reproduction
  • Language: en
  • Pages: 541

The Process of International Legal Reproduction

Radical international legal history of the expansionary project of statehood and its role in generating profound distributional inequalities