International Law Theories

International Law Theories
Author: Andrea Bianchi
Publisher: Oxford University Press
Total Pages: 378
Release: 2016-11-10
Genre: Law
ISBN: 0191038229

Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

Legal Theory of International Arbitration

Legal Theory of International Arbitration
Author: Emmanuel Gaillard
Publisher: BRILL
Total Pages: 204
Release: 2010-05-03
Genre: Law
ISBN: 9004187154

Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

International Law as Behavior

International Law as Behavior
Author: Harlan Grant Cohen
Publisher: Cambridge University Press
Total Pages: 311
Release: 2021-04
Genre: Law
ISBN: 1107188431

Using a multi-disciplinary approach, this volume shows how international law shapes behavior.

International Investment Law and Legal Theory

International Investment Law and Legal Theory
Author: Jörg Kammerhofer
Publisher: Cambridge University Press
Total Pages: 391
Release: 2021-05-06
Genre: Law
ISBN: 1108839177

A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Research Handbook on the Theory and History of International Law

Research Handbook on the Theory and History of International Law
Author: Alexander Orakhelashvili
Publisher: Edward Elgar Publishing
Total Pages: 512
Release: 2020-12-25
Genre: Law
ISBN: 1788116712

This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.

Customary International Law

Customary International Law
Author: Brian D. Lepard
Publisher: Cambridge University Press
Total Pages: 441
Release: 2010-01-11
Genre: Law
ISBN: 052119136X

This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.

A Chinese Theory of International Law

A Chinese Theory of International Law
Author: Zhipeng He
Publisher: Springer Nature
Total Pages: 254
Release: 2020-03-14
Genre: Law
ISBN: 9811528829

This book analyzes China’s attitude to international law based on historical experiences and documents, and provides an explanation of China’s approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law. The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.

The Oxford Handbook of the Theory of International Law

The Oxford Handbook of the Theory of International Law
Author: Anne Orford
Publisher: Oxford University Press
Total Pages: 1089
Release: 2016-05-26
Genre: Law
ISBN: 019100555X

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.