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.

Foundations of Public International Law: Examine critically the requirements for the creation of a state in modern international law.

Foundations of Public International Law: Examine critically the requirements for the creation of a state in modern international law.
Author: Timo Hohmuth
Publisher: GRIN Verlag
Total Pages: 12
Release: 2004-11-09
Genre: Law
ISBN: 363832365X

Essay from the year 2000 in the subject Law - European and International Law, Intellectual Properties, grade: 2 (B), University of Newcastle upon Tyne (Law School), course: Foundations of Public International Law, language: English, abstract: “The orthodox positivist doctrine has been explicit in the affirmation that only States are subjects of international law.”1 However, since international law is primarily concealed with the rights and duties of states, it is necessary to have a clear idea of what a state is. Problems of definition of statehood and of its application thus occupy an important place in the structure of international law. The disputes on this topic tend to be focused on factual issues rather than on the relevant legal criteria. The question of the criteria is a mixed fact and law question though. To create a state entities must fulfil certain criteria of statehood. There are different opinions on the essential criteria, which will be examined critically hereafter. 1 Lauterpacht, International Law, p. 489.