Mestizo International Law

Author: Arnulf Becker Lorca
Publisher: Cambridge University Press
ISBN: 9781316194058
Release Date: 2015-01-01
Genre: Law

The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.

The Transformation of Foreign Policy

Author: Gunther Hellmann
Publisher: Oxford University Press
ISBN: 9780191086427
Release Date: 2016-07-14
Genre: Political Science

The study of foreign policy is usually concerned with the interaction of states, and thus with governance structures which emerged either with the so-called 'Westphalian system' or in the course of the 18th century: diplomacy and international law. As a result, examining foreign policy in earlier periods involves conceptual and terminological difficulties, which echo current debates on 'post-national' foreign policy actors like the European Union or global cities. This volume argues that a novel understanding of what constitutes foreign policy may offer a way out of this problem. It considers foreign policy as the outcome of processes that make some boundaries different from others, and set those that separate communities in an internal space apart from those that mark foreignness. The creation of such boundaries, which can be observed at all times, designates specific actors - which can be, but do not have to be, 'states' - as capable of engaging in foreign policy. As such boundaries are likely to be contested, they are unlikely to provide either a single or a simple distinction between 'insides' and 'outsides'. In this view, multiple layers of foreign-policy actors with different characteristics appear less as a modern development and more as a perennial aspect of foreign policy. In a broad perspective stretching from early Greek polities to present-day global cities, the volume offers a theoretical and empirical presentation of this concept by political scientists, jurists, and historians.

Proof of Causation in Tort Law

Author: Sandy Steel
Publisher: Cambridge University Press
ISBN: 9781107049109
Release Date: 2015-07-10
Genre: Law

A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

Proportionality and Deference in Investor State Arbitration

Author: Caroline Henckels
Publisher: Cambridge University Press
ISBN: 9781316432303
Release Date: 2015-10-15
Genre: Law

In this study, Caroline Henckels examines how investment tribunals have balanced the competing interests of host states and foreign investors in determining state liability in disputes concerning the exercise of public power. Analyzing the concepts of proportionality and deference in investment tribunals' decision-making in comparative perspective, the book proposes a new methodology for investment tribunals to adopt in regulatory disputes, which combines proportionality analysis with an institutionally sensitive approach to the standard of review. Henckels argues that adopting a modified form of proportionality analysis would provide a means for tribunals to decide cases in a more consistent and coherent manner leading to greater certainty for both states and investors, and that affording due deference to host states in the determination of liability would address the concern that the decisions of investment tribunals unjustifiably impact on the regulatory autonomy of states.

Civil Liability in Europe for Terrorism Related Risk

Author: Lucas Bergkamp
Publisher: Cambridge University Press
ISBN: 9781316432372
Release Date: 2015-11-09
Genre: Law

Today terrorism has become a world-wide phenomenon which does not stop at the European borders. Following the 9/11 attacks on the World Trade Centre and terrorist attacks in Paris, Madrid and London, concerns have arisen in Europe about potential liability exposure for terrorism-related damage. This book tackles the problem of civil liability for damage caused by terrorist acts from several angles. The authors expertly deliver a comprehensive analysis of terrorism-related risk under international and EU law and the national tort law systems of seven representative EU Member States. They also provide a comparison of the situation in Europe to the liability environment in the US. Risk mitigation strategies are considered and critically assessed, as are alternative systems for redressing terrorism-related risks. The book concludes with a reflection on the analysis and presents possible strategies for future regulation by the European lawmakers.

Legal Principles in WTO Disputes

Author: Andrew D. Mitchell
Publisher: Cambridge University Press
ISBN: 113947426X
Release Date: 2008-12-11
Genre: Law

Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.

New Approaches to International Law

Author: José María Beneyto
Publisher: Springer Science & Business Media
ISBN: 9789067048781
Release Date: 2012-09-26
Genre: Law

This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.

Decolonising International Law

Author: Sundhya Pahuja
Publisher: Cambridge University Press
ISBN: 9781139502061
Release Date: 2011-09-29
Genre: Law

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

Is International Law International

Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 9780190696436
Release Date: 2017-09-18
Genre: Law

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

State Responsibility

Author: James Crawford
Publisher: Cambridge University Press
ISBN: 9780521822664
Release Date: 2013-07-18
Genre: Law

Reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.

Humanity at Sea

Author: Itamar Mann
Publisher: Cambridge University Press
ISBN: 9781316785294
Release Date: 2016-08-25
Genre: Political Science

This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.

Developments in Customary International Law

Author: Birgit Schlütter
Publisher: BRILL
ISBN: 9789004177727
Release Date: 2010
Genre: Law

Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two "ad hoc" tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.