Author: Edward M. Morgan
Publisher: University of Toronto Press
Release Date: 2007
In The Aesthetics of International Law, Ed Morgan engages in a literary parsing of international legal texts. In order to demonstrate how these types of legal narratives are imbued with modernist aesthetics, Morgan juxtaposes international legal documents and modern (as well as some immediately pre- and post-modern) literary texts.
Author: Laurence Boisson De Chazournes
Release Date: 2010
This Liber Amicorum in honour of Professor Vera Gowlland-Debbas covers most of the topical problems of contemporary international law, in particular those related to the United Nations, human rights and humanitarian law, law-making, compliance and peaceful settlement of disputes.
Author: Adam Gearey
Publisher: Hart Publishing
Release Date: 2001
Law and Aesthetics draws on the work of poets as well as philosophers. Taking as its starting point Shelley's assertion that poets are unacknowledged legislators, the book suggests that there is a way of thinking that, as yet, has not been taken up by those who make use of literary aesthetics to understand law. The book tracks this aesthetic thinking through the failures of critical legal studies and stages an encounter with psychoanalysis, before suggesting that an aesthetics of law can be exhumed from Nietzsche's work. The aesthetic is a call to the creative: fashion new law. A review of contemporary legal theory that makes use of aesthetic perspectives suggests that dissident and radical "Nietzschean" energies continue to animate legal thought. In the final chapter, an aesthetics of law is shown to make for an interruption of legal categories, and the generation of new legal relationships. The book concludes with a further meditation on Shelley's poetry, and a call to continue in the spirit of aesthetic reinvention.
Author: Costas Douzinas
Publisher: University of Chicago Press
Release Date: 1999-08-01
Discussing the diverse relationships between law and the artistic image, this book includes coverage of the history of the relationship between art and law, and the ways in which the visual is made subject to the force of the law.
Author: Moira McConnell
Publisher: Martinus Nijhoff Publishers
Release Date: 2011-05-23
This volume provides a detailed legal analysis of the fourth pillar of the international maritime regulatory regime, the comprehensive Maritime Labour Convention, 2006, and its provisions to achieve decent work for seafarers and a level playing field for shipowners.
Author: Leif Dahlberg
Publisher: Walter de Gruyter
Release Date: 2013-01-01
Genre: Literary Criticism
The volume "Visualizing Law and Authority. Essays on Legal Aesthetics" brings together revised papers from the international conference "Law and the Image", held in Stockholm, 24–25 September, 2010. The participants/contributors belong to the disciplines of Art history, Cultural studies, Literary and Media studies, and Law. The contributions discuss the complex relations between law, media and visual phenomena. The common theme of the essays consists in an examination of the scopic field and of regimes of visibility in phenomenological terms, arguing that law constitutes a cognitive and aesthetic field of normative world-making. Rather than merely inverting Shelley’s dictum that the "poets are the unacknowledged legislators of the world", the essays argue in different ways for the necessity to develop a legal aesthetics. The most immediate way of pursuing such a legal aesthetics consists in examining law itself as an aesthetic object, for instance the power of law to produce icons, in the sense of unreadable texts or textiles (Martin Kayman, Gary Watt). Several essays focus on the way that visual art and media can be used to constitute and represent political power, but also to question it and to put it into question (Chiara Battisti, Leif Dahlberg, Elina Druker, Sidia Fiorato, Paul Raffield). Other essays investigate legal structures inherent in the artwork (and the artworld) itself (Ari Hirvonen, Max Liljefors, Christine Poggi, Karen-Margrethe Simonsen). Finally, there are two essays focusing on the use of images and imagery in the legal process, explicity arguing for the need of a legal aesthetics (Daniela Carpi, Richard Sherwin). Although diverse, the individual essays are interconnected with each other in fruitful and critical ways, making both explicit and implict references to each other.
Author: William P. MacNeil
Release Date: 2011-09-08
Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’ renders the period’s ‘law-and-literature’ relevant to today’s readers because the nineteenth century novel, when "read jurisprudentially", abounds in representations of law’s controlling concepts, many of which are still with us today. Rights, justice, law’s morality; each are encoded novelistically in stock devices such as the country house, friendship, love, courtship and marriage. In so rendering the public (law) as private (domesticity), these novels expose for legal and literary scholars alike the ways in which law comes to mediate all relationships—individual and collective, personal and political—during the nineteenth century, a period as much under the Rule of Law as the reign of Capital. So these novels pass judgement—a novel judgement—on the extent to which the nineteenth century’s idea of law is collusive with that era’s Capital, thereby opening up the possibility of a new legal theoretical position: that of a critique of the law and a law of critique.
Author: Alexander Gillespie
Publisher: OUP Oxford
Release Date: 2014-08-21
This second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.
Author: Andrea Bianchi
Publisher: OUP Oxford
Release Date: 2015-02-26
International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
The Liber Amicorum Budislav Vukas offers essays on current issues of international law, primarily concerning the subjects of international law, the law of the sea, human rights law, including minorities’ protection, and dispute settlement.
This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international law an ever more topical issue in honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.