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: Andrea Bianchi
Publisher: Oxford University Press
Release Date: 2016-11-10
Genre: International law
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? What's that? Show me some water!"This book is an attempt to stir up "the water" the two fish are swimming in. It analyses the different theoretical approaches to international law and invites readers to engage with legal thinking in order to familiarize ourselves with the water all around us, of which we hardly have any perception.International lawyers and students of international law often find themselves focused on the practice of the law rather than the underlying theory. The main aim of this book is to provide interested scholars, practitioners, graduate, and postgraduate students in international law and otherdisciplines with an introduction to various international legal theories, their genealogies, and critique. By providing an analytical approach to international legal theory, the book encourages readers to sharpen their sensitivity to these different methodologies and to consider how thepresuppositions behind each theory affect analysis, research, and practice in international law. Theories of International Law is intended to assist students, scholars, and practitioners in reflecting more generally how knowledge is formed in the field.
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: Jean d'Aspremont
Publisher: Edward Elgar Publishing
Release Date: 2015-02-27
Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh
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: 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: John H. Currie
Release Date: 2008
In the wake of the calamitous events of September 11, 2001, public international law has endured some of the greatest tests of its history and emerged as one of the most resilient and potent tools available to human society in facing the unsettling global conditions of the early twenty-first century.The second edition of Public International Law provides a systematic introduction to the international legal system, including its key structural and institutional aspects as well as its core substantive topics. Analysis of all topics has been extensively revised and expanded since the first edition in order to reflect the many legal changes that have occurred since 2001. Several new discussions have also been introduced, considerably expanding the substantive coverage of the text. In particular, given the centrality of the topic to the functioning of the modern international legal system, an entirely new chapter on the use of force in international relations has been added.
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: 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: 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: 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.
Author: D. Germino
Publisher: Springer Science & Business Media
Release Date: 2012-12-06
Genre: Social Science
From June 28 until July 4, 1972, a group of scholars, all of them acade micians committed to the critical study of man and society which may be called political theory, met at The Rockefeller Foundation's VillaSerbelloni in Bellagio, Italy, to present papers on and discuss the subject of "The Open Society. " These papers, as revised, are published here, most of them for the first time. They reflect no consensus of view, nor were they intended to do so. That such a consensus did not emerge from the conference is not in our judgment a cause for regret; it may rather be regarded as a manifestation of a healthy and desirable plurality of approaches which itself indirectly tells us something important about the nature of the open society. All the papers deal in different contexts and from a variety of philosophi cal and theoretical perspectives with the interrelated themes of openness and the open society. Some of the panelists are skeptical of the capacity of modern industrial, or "post-industrial," society, with its heavy emphasis upon technological rationality to foster authentic openness under currently prevailing assumptions about man and nature.
Author: Dr Andrea Mubi Brighenti
Publisher: Ashgate Publishing, Ltd.
Release Date: 2013-12-28
Genre: Political Science
Bringing together a team of international scholars with an interest in urban transformations, spatial justice and territoriality, this volume questions how the interstice is related to the emerging processes of partitioning, enclave-making and zoning, showing how in-between spaces are intimately related to larger flows, networks, territories and boundaries. Illustrated with a range of case studies from places such as the US, Quebec, the UK, Italy, Gaza, Iraq, India, and South-east Asia, the volume analyses the place and function of interstitial locales in both a ‘disciplined’ urban space and a disordered space conceptualized through the notions of ‘excess’, ‘danger’ and ‘threat’. Warning not to romanticize the interstice, the book invites us to study it as not simply a place but also a set of phenomena, events and social interactions. How are interstices perceived and represented? What is the politics of visibility that is applied to them? How to capture their peculiar rhythms, speeds and affects? On the one hand, interstices open up venues for informality, improvisation, challenge, and bricolage, playful as well as angry statements on the neoliberal city and enhanced urban inequalities. On the other hand, they also represent a crucial site of governance (even governance by withdrawal) and urban management, where an array of techniques ranging from military urbanism to new forms of value extraction are experimented. At the point of convergence of all these tensions, interstices appear as veritable sites of transformation, where social forces clash and mesh prefiguring our urban future. The book interrogates these territories, proposing new ways to explore the dynamics, events and visibilities that define them.