European International Law Traditions

European International Law Traditions

Author: Peter Hilpold

Publisher: Springer

ISBN: 3030520307

Category: Law

Page: 339

View: 208

​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

European International Law Traditions

European International Law Traditions

Author: Peter Hilpold

Publisher: Springer Nature

ISBN: 9783030520281

Category: Law

Page: 339

View: 637

​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Research Handbook on EU Private International Law

Research Handbook on EU Private International Law

Author: Peter Stone

Publisher:

ISBN: 1781954542

Category:

Page: 400

View: 289

'This collection of substantial and detailed chapters reflects current research on important and topical areas in the conflict of laws, such as internet transactions, international sales of goods, and privacy. It will be of both use and interest to all practitioners and academics in the area as it provides a detailed analysis, within the political and commercial context, of many of the most complex issues arising out of the Brussels I, Rome I and Rome II Regulations and associated jurisprudence, including the role of non-State law, mandatory rules, and the domicile of companies.' - Elspeth Berry, Nottingham Trent University, UK

Cynical International Law?

Cynical International Law?

Author: Björnstjern Baade

Publisher: Springer Nature

ISBN: 9783662621288

Category: Law

Page: 369

View: 568

Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.

International Law and History

International Law and History

Author: Ignacio de la Rasilla

Publisher: Cambridge University Press

ISBN: 9781108606523

Category: Law

Page:

View: 389

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

Bandung, Global History, and International Law

Bandung, Global History, and International Law

Author: Luis Eslava

Publisher: Cambridge University Press

ISBN: 9781107123991

Category: Law

Page: 724

View: 160

"In 1955 a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine developing nations. Against the backdrop of crumbling European colonies, Asian and African leaders forged a new alliance and established anti-imperial principles for a new world order. The conference captured the popular imagination across the Global South. Bandung's larger significance as counterpoint to the dominant world order was both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. This book explores what the spirit of Bandung has meant to people across the world over the past decades and what it means today. Experts from a wide range of fields show how, despite the complicated legacy of the conference, international law was never the same after Bandung"--

Developments in EU External Relations Law

Developments in EU External Relations Law

Author: Marise Cremona

Publisher: OUP Oxford

ISBN: 9780191564635

Category: Law

Page: 352

View: 876

External relations is currently among the most dynamic areas of EU law, its institutional structures profoundly affected by the Lisbon Treaty. This volume gathers leading analysts to assess core recent developments in the field, taking stock of the current law and potential developments in major policy areas. The volume opens with an assessment of a central concept at the heart of EU external relations, underpinning its international identity. Christophe Hillion analyses the legal principles which ensure coherence between different strands of the EU's external activity, and the contribution of law to the consistency of the EU's international presence. Frank Hoffmeister turns the focus outwards to the interaction between the EU and the international legal order - the legal basis for the EU's activity in shaping international law and the EU's contribution to 'state practice'. These opening chapters develop a picture of the EU's active international participation as well as the characteristic structural complexity of its external relations, and against this background the remainder of the book examines key policy areas of EU external action. Lorand Bartels analyses the relationship between trade policy and development; Markus Krajewski discusses trade in services and the link between external and internal policy issues; and Nathalie Tocci assesses the EU's contribution to conflict resolution, an important focus of the Common Foreign and Security Policy. The complex policy picture that emerges from the different goals, values and instruments across these areas is examined in the book's final chapter which focuses on the European Neighbourhood Policy, frequently proclaimed as a strategic priority for the EU. Together, the essays present a clear picture of the complex development of EU external relations, of the struggle for coherence in the increasingly active, visible and self-conscious role played by the EU as a participant in the international legal order.

Transforming the Politics of International Law

Transforming the Politics of International Law

Author: P. Sean Morris

Publisher: Routledge

ISBN: 9781000461756

Category: History

Page: 290

View: 510

This volume examines the role of League of Nations committees, particularly the Advisory Committee of Jurists (ACJ) in shaping the statute of the Permanent Court of International Justice (PCIJ). The authors explore the contributions of individual jurists and unofficial members in shaping the League’s international legal machinery. It is a companion book to The League of Nations and the Development of International Law: A New Intellectual History of the Advisory Committee of Jurists (Routledge, 2021). One of the guiding principles of the book is that the development of international law was a project of politics where the idea and notion of an international society must contend with the political visions of each state represented on the different legal committees in the League of Nations during the drafting of the Covenant. The book constitutes a major contribution to the literature in that it shows the inner workings of some of the legal committees of the League and how the political role of unofficial members was influential for the development of international law in the early twentieth century and how they influenced the political and legal process of the ACJ. The book will be an essential reference for those working in the areas of International Law, Legal History, International Relations, Political History, and European History.

Darker Legacies of Law in Europe

Darker Legacies of Law in Europe

Author: Christian Joerges

Publisher: Bloomsbury Publishing

ISBN: 9781847311672

Category: Law

Page: 440

View: 104

The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical,historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewältigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.

International Legal Positivism in a Post-Modern World

International Legal Positivism in a Post-Modern World

Author: Jörg Kammerhofer

Publisher: Cambridge University Press

ISBN: 9781316062388

Category: Law

Page:

View: 579

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.