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The Notion of Progress in International Law Discourse

The Notion of Progress in International Law Discourse
Author: Thomas Skouteris
Publisher: T.M.C. Asser Press
Total Pages: 276
Release: 2011-08-27
Genre: Law
ISBN: 9789067046886

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Progress is a familiar slogan in international law, commonly used to accompany claims for improvement or change. At the same time, the notion of progress is rarely explored as such in the literature. The book begins to address this gap by examining the function of the notion of progress in international law rhetoric and writing. By looking at three concrete case studies taken from 'everyday' international law, the book concentrates on explaining 'what is it' that makes a specific international law event synonymous with progress. The book engages questions of narrativity, objectivity, and truth in some of international law's founding progress narratives.


The Notion of Progress in International Law Discourse

The Notion of Progress in International Law Discourse
Author: Thomas Skouteris
Publisher: T.M.C. Asser Press
Total Pages: 0
Release: 2009
Genre: Law
ISBN: 9789067046879

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Progress is a familiar slogan in international law, commonly used to accompany claims for improvement or change. At the same time, the notion of progress is rarely explored as such in the literature. The book begins to address this gap by examining the function of the notion of progress in international law rhetoric and writing. By looking at three concrete case studies taken from ‘everyday’ international law, the book concentrates on explaining ‘what is it’ that makes a specific international law event synonymous with progress. The book engages questions of narrativity, objectivity, and truth in some of international law’s founding progress narratives. The book is valuable reading for international law academics and practitioners alike, especially for those interested in the history and theory of international law. Dr. Thomas Skouteris is currently Associate Professor and Director of the Ibrahim Shihata Memorial LLM Program in International and Comparative Law at The American University in Cairo as well as Secretary General of the European Society of International Law. Before AUC, Skouteris taught at the Faculty of Law of Leiden University and other universities as Visiting Professor. He is General Editor of the Leiden Journal of International Law and he teaches and publishes in public international law, legal history and theory, international dispute settlement, and international criminal law.


The Oxford Handbook of the Theory of International Law

The Oxford Handbook of the Theory of International Law
Author: Anne Orford
Publisher: Oxford University Press
Total Pages: 1094
Release: 2016-09-22
Genre: Law
ISBN: 0191005568

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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.


Concepts for International Law

Concepts for International Law
Author: Jean d’Aspremont
Publisher: Edward Elgar Publishing
Total Pages: 960
Release: 2018
Genre: Law
ISBN: 1783474688

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Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.


The Concept of Unity in Public International Law

The Concept of Unity in Public International Law
Author: Mario Prost
Publisher: Bloomsbury Publishing
Total Pages: 226
Release: 2012-03-15
Genre: Law
ISBN: 1847319173

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'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.


Law in Transition

Law in Transition
Author: Ruth Buchanan
Publisher: Bloomsbury Publishing
Total Pages: 639
Release: 2014-12-01
Genre: Law
ISBN: 1782254137

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Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School


The Many Paths of Change in International Law

The Many Paths of Change in International Law
Author:
Publisher: Oxford University Press
Total Pages: 401
Release: 2023-11-16
Genre: Law
ISBN: 0198877927

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How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.


International Law in Public Debate

International Law in Public Debate
Author: Madelaine Chiam
Publisher: Cambridge University Press
Total Pages: 235
Release: 2021-12-09
Genre: Law
ISBN: 1108499295

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A history of international law in public debates and its resulting popular language of international law.


International Law and World Order

International Law and World Order
Author: B. S. Chimni
Publisher: Cambridge University Press
Total Pages: 649
Release: 2017-05-25
Genre: Law
ISBN: 1107065267

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This book offers a critique of the principal contemporary approaches to international law alongside its own novel perspectives.


The Inter American Court of Human Rights

The Inter American Court of Human Rights
Author: Natalia Torres Zúñiga
Publisher: Taylor & Francis
Total Pages: 224
Release: 2022-07-05
Genre: Law
ISBN: 1000597989

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This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.