Search results for 'International law History' (try it on Scholar)

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  1. Vivien Law (2003). The History of Linguistics in Europe From Plato to 1600. Cambridge University Press.score: 400.0
    Authoritative and wide-ranging, this book examines the history of western linguistics over a 2000-year timespan, from its origins in ancient Greece up to the crucial moment of change in the Renaissance that laid the foundations of modern linguistics. Some of today's burning questions about language date back a long way: in 1400 BC Plato was asking how words relate to reality. Other questions go back just a few generations, such as our interest in the mechanisms of language change, or (...)
     
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  2. Trevor Bench-Capon, Michał Araszkiewicz, Kevin Ashley, Katie Atkinson, Floris Bex, Filipe Borges, Daniele Bourcier, Paul Bourgine, Jack G. Conrad, Enrico Francesconi, Thomas F. Gordon, Guido Governatori, Jochen L. Leidner, David D. Lewis, Ronald P. Loui, L. Thorne McCarty, Henry Prakken, Frank Schilder, Erich Schweighofer, Paul Thompson, Alex Tyrrell, Bart Verheij, Douglas N. Walton & Adam Z. Wyner (2012). A History of AI and Law in 50 Papers: 25 Years of the International Conference on AI and Law. [REVIEW] Artificial Intelligence and Law 20 (3):215-319.score: 351.0
    We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build (...)
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  3. Francis Wharton (1884/2001). Commentaries on Law: Embracing Chapters on the Nature, the Source, and the History of Law, on International Law, Public and Private, and on Constitutional and Statutory Law. Gaunt, Inc..score: 345.0
     
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  4. Tetsuya Toyoda (2011). Theory and Politics of the Law of Nations: Political Bias in International Law Discourse of Seven German Court Councilors in the Seventeenth and Eighteenth Centuries. M. Nijhoff Pub..score: 342.0
    Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers ...
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  5. H. B. Jacobini (1954/1979). A Study of the Philosophy of International Law as Seen in Works of Latin American Writers. Hyperion Press.score: 306.0
  6. Justinas Žilinskas (2009). Private Military and Security Companies and the Problems of their Regulation under International Humanitarian Law. Jurisprudence 117 (3):163-177.score: 261.0
    The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century the (...)
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  7. J. W. Rich (1994). Archaic Roman Law Alan Watson: International Law in Archaic Rome: War and Religion. (Ancient Society and History.) Pp. Xviii+100. Baltimore, London: Johns Hopkins University Press, 1993. Cased, £20.50. [REVIEW] The Classical Review 44 (02):322-324.score: 261.0
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  8. Aleksandar Jokic (2002). Activism, Language and International Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 15 (1):107-120.score: 249.0
    The paper explores how language underscores our appreciation forinternational activism. An account of the tension between activismand international activism, especially in the context of thedeclarative and ``true'' character of the terms is offered. Thisis achieved through examining ``word games'' pertaining to theBalkan crisis with such expressions as ``democratic revolution'',``Serbian nationalism'', ``revenge killing'', and ``reverse ethniccleansing.'' The analysis points to a non-descriptive attitudinalcharacter of such phrases. Consequently, two defensive strategiesare suggested for international activists. First, they should getinformed on the (...)
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  9. C. Fred Alford (2010). Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights. Palgrave Macmillan.score: 228.0
    Introduction -- Saint Thomas : putting nature into natural law -- Maritain and the love for the natural law -- The new natural law and evolutionary natural law -- International human rights, natural law, and Locke -- Conclusion : evil and the limits of the natural law.
     
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  10. Liisi Keedus (2011). 'Human and Nothing but Human': How Schmittian is Hannah Arendt's Critique of Human Rights and International Law? History of European Ideas 37 (2):190-196.score: 225.0
    (2011). ‘Human and nothing but human’: How Schmittian is Hannah Arendt's critique of human rights and international law? History of European Ideas: Vol. 37, No. 2, pp. 190-196.
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  11. Andreas Wagner (2011). Francisco de Vitoria and Alberico Gentili on the Legal Character of the Global Commonwealth. Oxford Journal of Legal Studies 31 (3):565-582.score: 216.0
    In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the obligatory force of international law. For Vitoria the legal bindingness of ius gentium necessarily presupposes an integrated character of the global commonwealth that leads him to as it were ascribe legal personality to the global community as a whole. But then its legal status (...)
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  12. Henk Nellen (2012). On the Occasion of the Acquisition of the First Edition of De Iure Belli Ac Pacis by the Peace Palace Library. Grotiana 33 (1):1-21.score: 216.0
    In November 2010, the Library of the Peace Palace in The Hague acquired a copy of Hugo Grotius’s seminal study on the law of war, De iure belli ac pacis (Paris: Nicolas Buon, 1625). The purchase represents the very rare first state (issue or printing) of the first edition, item no. 565-I in the well-known bibliography of Grotius’s works by Jacob Ter Meulen and P.J.J. Diermanse. This article is an adapted version of a speech held in the Peace Palace on (...)
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  13. Craig Reeves (2009). 'Exploding the Limits of Law': Judgment and Freedom in Arendt and Adorno. Res Publica 15 (2):137-164.score: 210.0
    In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the (...)
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  14. James Q. Whitman (2012). The Verdict of Battle: The Law of Victory and the Making of Modern War. Harvard University Press.score: 201.0
    Why battles matter -- Accepting the wager of battle -- Laying just claim to the profits of war -- The monarchical monopolization of military violence -- Were there really rules? -- The death of pitched battle.
     
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  15. Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).score: 196.0
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in (...) law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but important role for actual consent in legitimating international law. While actual consent is not necessary for justifying the enforcement of jus cogens norms, at least when they are narrowly understood, this leaves much of international law unaccounted for. By drawing on a Lockean social contract account, I show how, given the ways that international cooperation is different from cooperation in the domestic sphere, actual consent is both a possible and an appropriate legitimating device for much of international law. (shrink)
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  16. Jacqueline Mowbray (2011). Linguistic Justice in International Law: An Evaluation of the Discursive Framework. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):79-95.score: 192.0
    Claims by minority groups to use their own languages in different social contexts are often presented as claims for “linguistic justice”, that is, justice as between speakers of different languages. This article considers how the language of international law can be used to advance such claims, by exploring how international law, as a discourse, approaches questions of language policy. This analysis reveals that international legal texts structure their engagement with “linguistic justice” around two key concepts: equality and (...)
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  17. Huw Lloyd Williams (2011). On Rawls, Development and Global Justice: The Freedom of Peoples. Palgrave Macmillan.score: 183.0
    Machine generated contents note: -- Introduction -- PART I -- The Cosmopolitan Critique -- Elucidating the "Libertarian" Law of Peoples -- A Duty with No Obligations? -- PART II -- Considering the Capability Perspective -- Conceptualizing State Capability: The Freedom of Peoples -- Actualising State Capability -- PART III -- A Duty in Equilibrium -- Creeping Cosmopolitanism? -- Conclusions.
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  18. Bárbara Díaz (2005). El Internacionalismo de Vitoria En la Era de la Globalización. L.E. Pensamiento Clásico Español, Departamento de Filosofía, Universidad de Navarra [Distributor].score: 180.0
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  19. John Hund (1994). A Case of Affirming the Consequent in International Law: Un Security Council Resolution 232 (1966)—Southern Rhodesia. History and Philosophy of Logic 15 (2):201-210.score: 177.0
    In this note I examine a case of teleological reasoning in international law and find it to be the fallacy of affirming the consequent.I then show that and how the basis of this fallacy is a manipulation (or juxtaposition) of ?necessary? and ?sufficient? conditions.I conclude by giving reasons for thinking that this kind of reasoning is a regular feature of international law.
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  20. H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.score: 174.0
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, (...)
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  21. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.score: 174.0
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. (...)
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  22. Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.score: 174.0
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...)
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  23. Phan Minh Dung & Giovanni Sartor (2011). The Modular Logic of Private International Law. Artificial Intelligence and Law 19 (2-3):233-261.score: 174.0
    We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be (...)
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  24. Steven Metz & Phillip R. Cuccia (eds.) (2011). Defining War for the 21st Century. Strategic Studies Institute, U.S. Army War College.score: 174.0
    Introduction -- The meaning of war -- The historical context -- How do we know that we are at war? -- How do we know when a war is over? -- National security strategy and tactical art -- Who participates in war? -- What rules govern war? -- Why does it matter? -- The way ahead.
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  25. Ernst Baltrusch & Christian Wendt (eds.) (2011). Ein Besitz für Immer?: Geschichte, Polis, Und Völkerrecht Bei Thukydides. Nomos.score: 174.0
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  26. Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.score: 168.0
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, (...)
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  27. Daniel Butt (2009). ‘Victors’ Justice’? Historic Injustice and the Legitimacy of International Law. In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press. 163.score: 168.0
  28. David Copp (1998). International Law and Morality in the Theory of Secession. Journal of Ethics 2 (3):219-245.score: 168.0
    In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to (...)
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  29. Samantha Besson & John Tasioulas (eds.) (2010). The Philosophy of International Law. Oxford University Press.score: 168.0
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  30. Robert E. Goodin (2005). Toward an International Rule of Law: Distinguishing International Law-Breakers From Would-Be Law-Makers. [REVIEW] Journal of Ethics 9 (1-2):225 - 246.score: 168.0
    An interesting fact about customary international law is that the only way you can propose an amendment to it is by breaking it. How can that be differentiated from plain law-breaking? What moral standards might apply to that sort of international conduct? I propose we use ones analogous to the ordinary standards for distinguishing civil disobedients from ordinary law-breakers: would-be law-makers, like civil disobedients, must break the law openly; they must accept the legal consequences of doing so; and (...)
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  31. Virginia Held (2011). Morality, Care, and International Law. Ethics and Global Politics 4 (3).score: 168.0
    Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This (...)
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  32. Anna Goppel & Anne Schwenkenbecher (2012). Philosophy and International Law: Reflections on Interdisciplinary Research Into Terrorism. Ancilla Iuris 111.score: 168.0
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not least, (...)
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  33. Jack L. Goldsmith (2007). The Limits of International Law. Oxford University Press.score: 168.0
    A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.
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  34. Jennifer Beard (2006). The Political Economy of Desire: International Law, Development and the Nation State. Routledge-Cavendish.score: 168.0
    This book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist 'development'. Jennifer Beard departs from the common position that development and underdevelopment are conceptual outcomes of the Imperialist Era and positions the genealogy of development within early Christian writings in which the western theological concepts of sin, salvation, and redemption are expounded. In doing so, she links the early Christian writings of theologians such as Augustine and , Anselm and Abelard to the processes of modern identity (...)
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  35. Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.score: 168.0
    The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth (...)
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  36. Fernando R. Tesón (1998). A Philosophy of International Law. Westview Press.score: 168.0
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...)
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  37. Edward McWhinney, Sienho Yee & Jacques-Yvan Morin (eds.) (2009). Multiculturalism and International Law: Essays in Honour of Edward Mcwhinney. Martinus Nijhoff Publishers.score: 168.0
    This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international ...
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  38. Saulius Katuoka (2012). The Concept and Legal Personality of National Minorities in International Law. Jurisprudence 19 (3):1187-1199.score: 168.0
    The study analyses the issues of protection of national minorities from the perspective of international law. The study consists of three parts. In the first part, the author reveals the understanding of a national minority on the basis of objective and subjective features. This part focuses on such problematic issues as national minorities and citizenship, non-dominant position of a national minority. The second part of the study concentrates on international minorities as subjects of international law. The author (...)
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  39. Jean D' Aspremont (2011). Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules. Oxford University Press.score: 168.0
    This book revisits the theory of the sources of international law from the perspective of formalism.
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  40. Heather M. Smith (2011). Sex Trafficking: Trends, Challenges, and the Limitations of International Law. [REVIEW] Human Rights Review 12 (3):271-286.score: 168.0
    The passage of the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children in 2000 marked the first global effort to address human trafficking in 50 years. Since the passage of the UN Protocol international organizations, non-governmental organizations, and individual states have devoted significant resources to eliminating human trafficking. This article critically examines the impact of these efforts with reference to the trends, political, and empirical challenges in data collection and the limitations of (...) law. I argue that current international law disproportionately addresses the criminal prosecution of traffickers at the expense of trafficking victims’ human rights, and has therefore not yet reached its full potential in the fight against human sex trafficking. (shrink)
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  41. Saulius Katuoka (2013). On the Issue of Relationship of the European Union and International Law. Jurisprudence 20 (3):841-854.score: 168.0
    The paper analyses the relevant issue of the relationship of international law and European Union law. Therefore, independent systems of law exist, which inevitably arise the issue of relationship and interaction of these systems. Legal literature analyses the question of the relationship of these two systems of law on the basis of various aspects. The author has chosen the following structure of the paper: first, the general problem of the relationship of international and European Union law is discussed. (...)
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  42. Stefan Kirchner & Birutė M. Salinaitė (2013). The Iranian Threat to Close the Strait of Hormuz: A Violation of International Law? Jurisprudence 20 (2):549-567.score: 168.0
    Along with the Strait of Malacca and the Singapore Straits, the Strait of Hormuz is arguably the most important bottleneck in international navigation because a large part of the global oil production needs to be shipped through this passage, which is only a few kilometers wide. In the context of the dispute about Iran’s nuclear program and new sanctions, Iran has threatened to close the Strait of Hormuz for international shipping, effectively cutting off many Western countries from important (...)
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  43. J. Tasioulas & S. Besson (eds.) (2010). The Philosphy of International Law. Oxford University Press.score: 168.0
    International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. This volume is the ideal guide to the current debates, offering 29 specially commissioned essays by leading philosophers and international lawyers, addressing the central philosophical questions about international law.
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  44. Anne T. Gallagher (2011). Improving the Effectiveness of the International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports. [REVIEW] Human Rights Review 12 (3):381-400.score: 164.0
    In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on (...)
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  45. Charles Covell (1998). Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations. St. Martin's Press.score: 164.0
    Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of the treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, Kant broke (...)
     
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  46. Justinas Žilinskas & Tomas Marozas (2011). Mens Rea Element in Superior Responsibility Under Customary International Law and the Rome Statute. Jurisprudence 18 (4):1519-1541.score: 160.0
    Superior responsibility has been a widely recognised form of responsibility for omission in both treaty and customary international law. Superiors are held responsible for the acts of their subordinates when they fail in fulfilling their duties to prevent or punish crimes of subordinates. Duties to prevent and punish arise only after the superior knows about the subordinate’s crimes or has a reason to know about it. ‘Has a reason to know’ is a form of constructive knowledge and could be (...)
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  47. Ulf Schmidt (2004). Justice at Nuremberg: Leo Alexander and the Nazi Doctors' Trial. Palgrave Macmillan.score: 159.0
    Justice at Nuremberg traces the history of the Nuremberg Doctors' Trial held in 1946-47, as seen through the eyes of the Austrian bliogemigrbliogé psychiatrist Leo Alexander. His investigations helped the United States to prosecute twenty German doctors and three administrators for war crimes and crimes against humanity. The legacy of Nuremberg was profound. In the Nuremberg code--a landmark in the history of modern medical ethics--the judges laid down, for the first time, international guidelines for permissible experiments on (...)
     
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  48. Jovana Davidovic (2012). International Rule-of-Law and Killing in War. Social Theory and Practice 38 (3):531-553.score: 156.0
    In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a (...)
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  49. Michael Bertram Crowe (1977). The Changing Profile of the Natural Law. Nijhoff.score: 153.0
    This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of ...
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  50. Leo V. Ryan (2006). Current Ethical Issues in Polish HRM. Journal of Business Ethics 66 (2-3):273 - 290.score: 153.0
    Contemporary HRM was introduced into Poland by the arrival of international corporations with their professional systems of Human Resource Management, which emphasizes ethical personnel management. This research is based on data collected from a questionnaire and interview of 40 women and men professional graduates of the 2004 Weekend MBA Program at Poznan University of Economics eliciting their perceptions of ethical issues in Polish HRM. The present Polish economic situation, with 19% unemployment, precipitates many ethical challenges. The questionnaire and interviews (...)
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