Tracing Value Change In The International Legal Order PDF Download
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| Author | : Krieger |
| Publisher | : Oxford University Press |
| Total Pages | : 369 |
| Release | : 2023-05-31 |
| Genre | : Law |
| ISBN | : 0192855832 |
Download Tracing Value Change in the International Legal Order Book in PDF, ePub and Kindle
International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.
| Author | : Heike Krieger |
| Publisher | : Oxford University Press |
| Total Pages | : 369 |
| Release | : 2023-04-28 |
| Genre | : Law |
| ISBN | : 0192668366 |
Download Tracing Value Change in the International Legal Order Book in PDF, ePub and Kindle
International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.
| Author | : Ezgi Yildiz |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2024-02-16 |
| Genre | : Law |
| ISBN | : 0198877846 |
Download The Many Paths of Change in International Law Book in PDF, ePub and Kindle
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.
| Author | : Vesselin Popovski |
| Publisher | : Taylor & Francis |
| Total Pages | : 365 |
| Release | : 2023-07-24 |
| Genre | : Law |
| ISBN | : 1000915379 |
Download Reimagining the International Legal Order Book in PDF, ePub and Kindle
International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.
| Author | : Linus Jannek Mührel |
| Publisher | : BRILL |
| Total Pages | : 393 |
| Release | : 2024-02-12 |
| Genre | : Law |
| ISBN | : 9004687823 |
Download The Authority of the International Committee of the Red Cross Book in PDF, ePub and Kindle
This book conducts the first ever comprehensive study of the ICRC’s interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC’s authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL – and international law in general – develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.
| Author | : Stefan Kadelbach |
| Publisher | : Oxford University Press |
| Total Pages | : 545 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0198768583 |
Download System, Order, and International Law Book in PDF, ePub and Kindle
For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of today's theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas, such as the relationship between universality and particularity, the role of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it appears that the reinvigorated concept of the nation state as an ordering force competes with internationalist thinking, the problems at issue in the classic theories point to contemporary questions: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show that uncovering the history of international law can offer ways in which to envisage its future.
| Author | : Antonio Cassese |
| Publisher | : Walter de Gruyter |
| Total Pages | : 234 |
| Release | : 1988 |
| Genre | : Law |
| ISBN | : 9783110114942 |
Download Change and Stability in International Law-making Book in PDF, ePub and Kindle
Based on the proceedings of two international colloquia held at the European University Institute, Florence.
| Author | : Hannah Kiel |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 307 |
| Release | : 2024-05-02 |
| Genre | : Law |
| ISBN | : 1803920734 |
Download Arms Transfers to Non-State Actors Book in PDF, ePub and Kindle
This insightful book analyses the issue of norm erosion in international law by examining arms transfers to non-state actors. Balancing empirical research with legal theory, the author dissects recent case studies, tracing individual changes in norms against a background of systemic transformation.
| Author | : Kate Parlett |
| Publisher | : Cambridge University Press |
| Total Pages | : 463 |
| Release | : 2011-04-14 |
| Genre | : Law |
| ISBN | : 1139499971 |
Download The Individual in the International Legal System Book in PDF, ePub and Kindle
Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
| Author | : Heike Krieger |
| Publisher | : Oxford University Press |
| Total Pages | : 400 |
| Release | : 2019-08-07 |
| Genre | : Law |
| ISBN | : 0192581767 |
Download The International Rule of Law Book in PDF, ePub and Kindle
This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.
