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Author | : Kathryn Greenman |
Publisher | : Cambridge University Press |
Total Pages | : 445 |
Release | : 2021-02-18 |
Genre | : Law |
ISBN | : 110885236X |
Download Revolutions in International Law Book in PDF, ePub and Kindle
In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.
Author | : Owen Taylor |
Publisher | : Routledge |
Total Pages | : 192 |
Release | : 2019-05-23 |
Genre | : Law |
ISBN | : 0429664168 |
Download International Law and Revolution Book in PDF, ePub and Kindle
This book explores the historical inter-relations between international law and revolution, with a focus on how international anti-capitalist struggle plays out through law. The book approaches the topic by analysing the meaning of revolution and what revolutionary activity might look like, before comparing this with legal activity, to assess the basic compatibility between the two. It then moves on to examine two prominent examples of revolutionary movements engaging with international law from the twentieth century; the early Soviet Union and the Third World movement in the nineteen sixties and seventies. The book proposes that the ‘form of law’, or its base logic, is rooted in capitalist social relations of private property and contract, and that therefore the law is a particularly inhospitable place to advance revolutionary breaks with established distributions of power or wealth. This does not mean that the law is irrelevant to revolutionaries, but that turning to legal means comes with tendencies towards conservative outcomes. In the light of this, the book considers the possibility of how, or whether, international law might contribute to the pursuit of a more egalitarian future. International Law and Revolution fills a significant gap in the field of international legal theory by offering a deep theoretical reflection on the meaning of the concept of revolution for the twenty-first century, and its link to the international legal system. It develops the commodity form theory of law as applied to international law, and explores the limits of law for progressive social struggle, informed by historical analysis. It will therefore appeal to students and scholars of public international law, legal history, human rights, international politics and political history.
Author | : Edward James Kolla |
Publisher | : Cambridge University Press |
Total Pages | : 353 |
Release | : 2017-10-12 |
Genre | : History |
ISBN | : 1107179548 |
Download Sovereignty, International Law, and the French Revolution Book in PDF, ePub and Kindle
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
Author | : Owen Taylor |
Publisher | : Routledge |
Total Pages | : 200 |
Release | : 2021-12-13 |
Genre | : |
ISBN | : 9781032241067 |
Download International Law and Revolution Book in PDF, ePub and Kindle
This book explores the historical inter-relations between international law and revolution, with a focus on how international anti-capitalist struggle plays out through law. The book approaches the topic by analysing the meaning of revolution and what revolutionary activity might look like, before comparing this with legal activity, to assess the basic compatibility between the two. It then moves on to examine two prominent examples of revolutionary movements engaging with international law from the twentieth century; the early Soviet Union and the Third World movement in the nineteen sixties and seventies. The book proposes that the 'form of law', or its base logic, is rooted in capitalist social relations of private property and contract, and that therefore the law is a particularly inhospitable place to advance revolutionary breaks with established distributions of power or wealth. This does not mean that the law is irrelevant to revolutionaries, but that turning to legal means comes with tendencies towards conservative outcomes. In the light of this, the book considers the possibility of how, or whether, international law might contribute to the pursuit of a more egalitarian future. International Law and Revolution fills a significant gap in the field of international legal theory by offering a deep theoretical reflection on the meaning of the concept of revolution for the twenty-first century, and its link to the international legal system. It develops the commodity form theory of law as applied to international law, and explores the limits of law for progressive social struggle, informed by historical analysis. It will therefore appeal to students and scholars of public international law, legal history, human rights, international politics and political history.
Author | : Nimer Sultany |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2017 |
Genre | : History |
ISBN | : 0198768893 |
Download Law and Revolution Book in PDF, ePub and Kindle
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Author | : Grigoriĭ Ivanovich Tunkin |
Publisher | : Harvard University Press |
Total Pages | : 534 |
Release | : 1974 |
Genre | : Law |
ISBN | : 9780674880016 |
Download Theory of International Law Book in PDF, ePub and Kindle
Monograph on the theoretics of international law as seen in the context of the concepts and principles of Marxism-leninism - covers the process of forming norms, and the legal nature and essence of contemporary international law, foreign policy and diplomacy, the laws of societal development and international organizations (legal status), the general character and forms of State responsibility under international law, etc., and includes a bibliography of published works of gi tunkin (1938 to 1973), etc.
Author | : Jean-Louis Halpérin |
Publisher | : Springer |
Total Pages | : 206 |
Release | : 2014-07-22 |
Genre | : Law |
ISBN | : 3319058886 |
Download Five Legal Revolutions Since the 17th Century Book in PDF, ePub and Kindle
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.
Author | : Akira Iriye |
Publisher | : Oxford University Press |
Total Pages | : 368 |
Release | : 2012 |
Genre | : History |
ISBN | : 0195333144 |
Download The Human Rights Revolution Book in PDF, ePub and Kindle
This volume explores the place of human rights in history, providing an alternative framework for understanding the political and legal dilemmas that these conflicts presented, with case studies focusing on the 1940s through the present.
Author | : Jean-Louis Halperin |
Publisher | : |
Total Pages | : 212 |
Release | : 2014-08-31 |
Genre | : |
ISBN | : 9783319058894 |
Download Five Legal Revolutions Since the 17th Century Book in PDF, ePub and Kindle
Author | : David Armstrong |
Publisher | : Clarendon Press |
Total Pages | : 338 |
Release | : 1993-06-10 |
Genre | : Political Science |
ISBN | : 0191520845 |
Download Revolution and World Order Book in PDF, ePub and Kindle
In this important study David Armstrong examines the impact of revolutionary states on the international system. These states have always posed major problems for the achievement of world order: revolution is often accompanied by international as well as civil conflict, while revolutionary doctrines have proven to be highly disruptive of the existing structure of international politics. Dr Armstrong asks whether revolutionary states are `socialized' into adopting acceptable patterns of international behaviour or whether it is international society that is forced to change when these new states appear. He looks in detail at the French, American, and Russian revolutions and at several post-1945 revolutionary states; he also examines the relationship between revolutionary states and the principal ordering devices of international society: international law, diplomacy, and the balance of power. His book is a major contribution to international relations and an important development and application of the `international society' concept.