Backstage Practices Of Transnational Law
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| Author | : Lianne J.M. Boer |
| Publisher | : Routledge |
| Total Pages | : 248 |
| Release | : 2019-04-16 |
| Genre | : Law |
| ISBN | : 0429657331 |
This book explores the ‘backstage’ of transnational legal practice by illuminating the routines and habits that are crucial to the field, yet rarely studied. Through innovative discussion of practices often considered trivial, the book encourages readers to conceptualise the ‘backstage’ as emblematic of transnational legal practice. Expanding the focus of transnational legal scholarship, the book explores the seemingly mundane procedures which are often taken for granted, despite being widely recognized as part of what it means to ‘do transnational law’. Adopting various methodologies and approaches, each chapter focuses on one specific practice: for example, mooting exercises for law students, international travel, transnational time, the social media activities of lawyers and legal scholars, and the networking at the ICC’s annual Assembly of States Parties. In and of themselves, these chapters each provide unique insights into what happens before the curtain rises and after it falls on the familiar ‘outputs’ of transnational law. It does more, however, than provide a range of different practices: it takes the next step in theorizing on the importance of the marginal and the everyday for what we ‘know’ to be ‘the law’ and what the international legal field looks like. Furthermore, by interrogating undiscussed academic practices, it provides students with a candid view on the perils and promises of transnational legal scholarship, inviting them to join the discussion and to practice their discipline in a more reflexive way. Written in an accessible format, containing a readable collection of personal and recognizable accounts of transnational legal practice, the book provides an everyday insight into transnational law. It will therefore appeal to international legal scholars, alongside any reader with an interest in transnational law.
| Author | : Lianne J. M. Boer |
| Publisher | : |
| Total Pages | : 183 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 9780429023583 |
This book explores the 'backstage' of transnational legal practice by illuminating the routines and habits that are crucial to the field, yet rarely studied. Through innovative discussion of practices often considered trivial, the book encourages readers to conceptualise the 'backstage' as emblematic of transnational legal practice. Expanding the focus of transnational legal scholarship, the book explores the seemingly mundane procedures which are often taken for granted, despite being widely recognized as part of what it means to 'do transnational law'. Adopting various methodologies and approaches, each chapter focuses on one specific practice: for example, mooting exercises for law students, international travel, transnational time, the social media activities of lawyers and legal scholars, and the networking at the ICC's annual Assembly of States Parties. In and of themselves, these chapters each provide unique insights into what happens before the curtain rises and after it falls on the familiar 'outputs' of transnational law. It does more, however, than provide a range of different practices: it takes the next step in theorizing on the importance of the marginal and the everyday for what we 'know' to be 'the law' and what the international legal field looks like. Furthermore, by interrogating undiscussed academic practices, it provides students with a candid view on the perils and promises of transnational legal scholarship, inviting them to join the discussion and to practice their discipline in a more reflexive way. Written in an accessible format, containing a readable collection of personal and recognizable accounts of transnational legal practice, the book provides an everyday insight into transnational law. It will therefore appeal to international legal scholars, alongside any reader with an interest in transnational law.
| Author | : Wouter Werner |
| Publisher | : Cambridge University Press |
| Total Pages | : 205 |
| Release | : 2022-02-03 |
| Genre | : Law |
| ISBN | : 1009040022 |
Acts of repetition abound in international law. Security Council Resolutions typically start by recalling, recollecting, recognising or reaffirming previous resolutions. Expert committees present restatements of international law. Students and staff extensively rehearse fictitious cases in presentations for moot court competitions. Customary law exists by virtue of repeated behaviour and restatements about the existence of rules. When sources of international law are deployed, historically contingent events are turned into manifestations of pre-given and repeatable categories. This book studies the workings of repetition across six discourses and practices in international law. It links acts of repetition to similar practices in religion, theatre, film and commerce. Building on the dialectics of repetition as set out by Søren Kierkegaard, it examines how repetition in international law is used to connect concrete practices to something that is bound to remain absent, unspeakable or unimaginable.
| Author | : Lianne J. M. Boer |
| Publisher | : Cambridge University Press |
| Total Pages | : 249 |
| Release | : 2021-10-14 |
| Genre | : Law |
| ISBN | : 1108484832 |
Explores the role of international legal scholars in the construction of legal knowledge, looking at examples from the cyberwar debate.
| Author | : Marit Skivenes |
| Publisher | : Routledge |
| Total Pages | : 318 |
| Release | : 2019-02-22 |
| Genre | : Law |
| ISBN | : 0429665091 |
Societies and states are at a crossroad in how children are treated and how their rights are respected and protected. Children ́s new position and their strong rights create tensions and challenge the traditional relationships between family and the state. The United Nations Convention on the Rights of the Child was adopted unanimously by the General Assembly of the United Nations in 1989 and came into force in 1990. Article 2 places states under an obligation to accord primacy to the best interests of the child in all actions concerning children and to ensure and regulate child protection. This book offers a comparative and critical analysis of the implementation of Article 2 of the United Nations Convention on the Rights of the Child. In order to examine how Article 2 is being implemented, it is essential to have a sound understanding of the obligations it emposes. The opening chapters will explore the precise content of these obligations in terms of the legislative history of the text, its underlying philosophy, its amplification by the United Nations Committee on the Rights of the Child, and subsequent authoritative interpretations of it by courts around the world. The book will then drill down into the conceptual and theoretical challenges posed by the very nature of the obligations and will offer in-depth exploration of the long-running ‘rights v welfare’ debate that has always presented something of a challenge in giving effect to children’s rights. Contributors are leading academics in the children’s rights field drawn from a wide range of countries and jurisdictions worldwide, including those with common law, civilian and mixed traditions. Disciplines represented in the book include law, psychology, political science, childhood studies, social work and anthropology. By drawing together the various facets of Article 2 and analysing it from a range of perspectives, the volume provides a coherent and comprehensive inter-disciplinary analysis on discrimination and the rights of the child.
| Author | : Natalie Alkiviadou |
| Publisher | : Routledge |
| Total Pages | : 296 |
| Release | : 2019-04-18 |
| Genre | : Law |
| ISBN | : 0429664605 |
Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.
| Author | : Fiana Gantheret |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 389 |
| Release | : 2023-05-09 |
| Genre | : Law |
| ISBN | : 1802208151 |
This timely book builds bridges between the notions of art and aesthetics, human rights, universality, and dignity. It explores a world in which art and justice enter a discussion to answer questions such as: can art translate the human experience? How does humanity link individuality and community building? How do human beings define and look for their identity? The fields of human rights and art are brought together in order to open the discussion and contribute to the promotion and protection of human rights.
| Author | : Avidan Kent |
| Publisher | : Routledge |
| Total Pages | : 267 |
| Release | : 2019-03-01 |
| Genre | : Law |
| ISBN | : 042987216X |
The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.
| Author | : Ottavio Quirico |
| Publisher | : Routledge |
| Total Pages | : 314 |
| Release | : 2019-02-12 |
| Genre | : Law |
| ISBN | : 135159754X |
In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics.
| Author | : Yasmine Nahlawi |
| Publisher | : Routledge |
| Total Pages | : 164 |
| Release | : 2019-11-14 |
| Genre | : Law |
| ISBN | : 0429865708 |
This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing upon diverse legal frameworks – including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility – to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P’s application, most notably those that pertain to the use of force (or lack thereof), but also exploring some of the less-researched non-military methods that were or could have been employed by States and international organisations to uphold the doctrine. Such an analysis captures the diversity in the means and actors through which R2P can be implemented and allows for the extraction of more nuanced conclusions regarding the doctrine’s strengths and limitations, gaps in enforceability, levels of State support, and future trajectory. The book will be of interest to scholars and students in the field of international law and human rights law.
