Parochialism, Cosmopolitanism, and the Foundations of International Law

Parochialism, Cosmopolitanism, and the Foundations of International Law
Author: Mortimer N. S. Sellers
Publisher: Cambridge University Press
Total Pages: 303
Release: 2012
Genre: Law
ISBN: 0521518024

This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

A Landscape of Contemporary Theories of International Law

A Landscape of Contemporary Theories of International Law
Author: Emmanuel Roucounas
Publisher: BRILL
Total Pages: 731
Release: 2019-09-16
Genre: Law
ISBN: 9004385363

This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.

The Oxford Handbook of Jurisdiction in International Law

The Oxford Handbook of Jurisdiction in International Law
Author: Stephen Allen
Publisher: Oxford University Press
Total Pages: 613
Release: 2019-09-17
Genre: Law
ISBN: 0191089362

The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

The New Global Law

The New Global Law
Author: Rafael Domingo
Publisher: Cambridge University Press
Total Pages: 241
Release: 2010-02-26
Genre: Law
ISBN: 1139485946

The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Altruism in International Law

Altruism in International Law
Author: Jason Rudall
Publisher: Cambridge University Press
Total Pages: 287
Release: 2021-08-12
Genre: Law
ISBN: 1108871860

Much emphasis has been placed on the role that individualism, self-interest and reciprocity have in the formation and function of international legal rules. Rarely has attention been given to the presence of altruism in legal systems, let alone the international legal system. In a study that is the first of its kind in international legal scholarship, Altruism in International Law explores and analyses the emergence of altruistic legal relationships between states and people in other countries. The book also argues that the impulse for the emergence of these relationships is a cosmopolitan ideology, which co-exists with a persisting statist ideology, among the major actors in international law-making processes. Further still, the book reveals that individualistic legal norms are more often manifested as strict rules while altruistic legal norms find expression in flexible standards. This suggests that there is a connection between substance and form in international law.

Tipping Points in International Law

Tipping Points in International Law
Author: Jean d'Aspremont
Publisher: Cambridge University Press
Total Pages: 403
Release: 2021-10-28
Genre: Law
ISBN: 110884510X

Explores the possibilities and limits of the international legal architecture and its expert communities in shaping the world of tomorrow.

Cosmopolitanism in Context

Cosmopolitanism in Context
Author: Roland Pierik
Publisher: Cambridge University Press
Total Pages:
Release: 2010-06-17
Genre: Law
ISBN: 113948804X

Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into effective global institutions. Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the effects of such bureaucratisation of cosmopolitan ideals? This volume examines the strained relationship between cosmopolitanism as a moral standard and the legal institutions in which cosmopolitan norms and principles are to be implemented. Five areas of global concern are analysed: environmental protection, economic regulation, peace and security, the fight against international crimes and migration.

The International Rule of Law

The International Rule of Law
Author: Denise Wohlwend
Publisher: Edward Elgar Publishing
Total Pages: 328
Release: 2021-05-28
Genre: Law
ISBN: 178990742X

This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.

International Legal Positivism in a Post-Modern World

International Legal Positivism in a Post-Modern World
Author: Jörg Kammerhofer
Publisher: Cambridge University Press
Total Pages: 555
Release: 2014-10-06
Genre: Law
ISBN: 1316062384

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.

Cosmopolitanism in Hard Times

Cosmopolitanism in Hard Times
Author:
Publisher: BRILL
Total Pages: 432
Release: 2020-12-15
Genre: Social Science
ISBN: 9004438025

While each chapter seizes the dialectic of enlightenment and counter-enlightenment at work in the global world, the volume insists on the moral, intellectual, structural, and historical resources that still make cosmopolitanism a real possibility even in these hard times.