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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 | : 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 | : Inge Van Hulle |
| Publisher | : BRILL |
| Total Pages | : 242 |
| Release | : 2019-09-16 |
| Genre | : Law |
| ISBN | : 9004412085 |
Download International Law in the Long Nineteenth Century (1776-1914) Book in PDF, ePub and Kindle
International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 513 |
| Release | : 2021-07-19 |
| Genre | : Law |
| ISBN | : 9004461809 |
Download Politics and the Histories of International Law Book in PDF, ePub and Kindle
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
| Author | : Christopher Heath |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 308 |
| Release | : 2020-05-22 |
| Genre | : Law |
| ISBN | : 9403522135 |
Download Intellectual Property Law and the Fourth Industrial Revolution Book in PDF, ePub and Kindle
The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: power and role of data as the raw material of the revolution; artificial inventors and creators; trade marks in the dimension of avatars and fictional game characters; concept of inventive step change where the person skilled in the art is virtual; data rights versus intellectual property rights; transparency in the context of big data; interrelations of data, technology transfer and antitrust; self-executable and ‘smart’ contracts; redefining the balance among exclusive rights, development, technology transfer and contracts; and proprietary information versus the public domain. The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined. Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.
| Author | : China Miéville |
| Publisher | : Haymarket Books |
| Total Pages | : 392 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 1931859337 |
Download Between Equal Rights Book in PDF, ePub and Kindle
"China Mieville's brilliantly original book is an indispensable guide for anyone concerned with international law. It is the most comprehensive scholarly account available of the central theoretical debates about the foundations of international law. It offers a guide for the lay reader into the central texts in the field."--Peter Gowan, Professor, International Relations, London Metropolitan University. Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view. China Mieville, PhD, International Relations, London School of Economics, is an independent researcher and an award-winning novelist. His novel Perdido Street Station won the Arthur C. Clarke Award.
