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1122 found
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  1. Earth Consciousness and Evolving Frameworks.Deepa Kansra & Kirat Sodhi - manuscript
    Earth consciousness involves an understanding of our relationship with earth. It involves the study of earth forms, their life processes and inherent needs. The concept has created a field of frameworks and knowledge systems permeating into the day to day lives of humans including their political-economic-cultural spaces. The expression earth consciousness can be interpreted in many ways to include human awareness of nature & its processes, or the bond with mother earth and all its forms . Earth consciousness or the (...)
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  2. Black White Paper: Tractatus Logico-Academicus.Gavin Keeney - manuscript
    A draft White Paper associated with Fulbright Specialist Program lectures at the University of Ljubljana, Ljubljana, Slovenia, in March-April 2015, concerning neo-liberal capitalist exploitation of academic research and publications.
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  3. Interim Corpus Separatum for the Palestine Question. [REVIEW]Ciprian Pater - manuscript
    "Resolution of Jerusalem’s status arguably remains controversial because of the divergent analytical lenses through which the conflict’s parties, and others, view its intertwined legal, territorial, historical and religious issues. Thus, Jerusalem persists as an intricate and intractable cornerstone of the Israel-Palestine conflict." Diakonia International Humanitarian Law Resource Centre.
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  4. Las ficciones políticas del otro internacionalismo: China y España en la Sociedad de Naciones (1931-1939).Montserrat Crespin Perales - manuscript
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  5. The Grounds of Human Rights.Brian Slattery - manuscript
    What is the rational foundation for the doctrine of universal human rights? Some philosophers, such as Alan Gewirth, argue that it may be discovered simply by reflection on certain essential features of the human constitution. However this approach has significant problems, achieving its ends by smuggling certain tacit premises into the argument. A better approach is one that appeals to the communal practices and traditions within which doctrines of human rights have evolved historically. It is here that Alasdair MacIntyre's work (...)
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  6. Human Security Law in Iraq: Reforming Rules, Practices, and Urban Spaces.Hannibal Travis -
    This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while aggravating (...)
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  7. Universal Jurisdiction and International Power Politics: Ideal Versus Real.Hans Köchler - unknown - Yeditepe'de Felsefe (Philosophy at Yeditepe) 5.
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  8. A World Safe for Catholicism: Interwar International Law and Neo-Scholastic Universalism.Paolo Amorosa - forthcoming - History of European Ideas:1-17.
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  9. Titre II Compétence Art. 2-31.Andreas Bucher - forthcoming - Jurisprudencija: Mokslo darbu žurnalas.
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  10. The Morality of Substitution Intervention: The Case of Yemen.James Christensen - forthcoming - POLITICS.
    Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain is (...)
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  11. Theorizing the Normative Significance of Critical Histories for International Law.Damian Cueni & Matthieu Queloz - forthcoming - Journal of the History of International Law.
    Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) (...)
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  12. Against Nationalism: Climate Change, Human Rights, and International Law.Boudewijn de Bruin - forthcoming - Danish Yearbook of Philosophy:1-26.
    Climate change threatens humanity more than anything else. If we talk of nationalism, we ought therefore consider its pros and cons in light of the climate emergency. Anatol Lieven believes that civic nationalism along the lines of Chaim Gans, David Miller, and Yuli Tamir helps combat global warming. He thinks that when nationalists recognize that climate change is just as threatening to the survival of their nation-state as wars, they will make the sacrifices necessary to avert the threat. In this (...)
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  13. Reconciling Cosmopolitan Theory and Policy Practice? Responsible States as a Transitional Category.Pavel Dufek - forthcoming - In Nikola Schmidt (ed.), Governance of Emerging Space Challenges: The Benefits of a Responsible Cosmopolitan State Policy. Springer.
    The idea of a responsible cosmopolitan state (RCS) represents a recent attempt to reconcile the utopianism of cosmopolitan political theory and the practical constraints arising from the current realities of politics among territorial and largely self-interested states. I show in the chapter that the neorealist and/or geopolitical challenge rests on a misconception about what cosmopolitanism is meant to provide, because immediate practical advice is only a part of what normative political theory may bring to the table. Besides the notion of (...)
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  14. The Moral Distinctiveness of the European Union.Pavlos Eleftheriadis - forthcoming - International Journal of Constitutional Law.
    This article is a comment and reflection on Joseph Weiler’s essay ‘The Political and Legal Culture of the European Union: an Exploratory Essay.’ The article responds to Weiler’s argument by sketching a philosophical framework within which we may understand the moral distinctness of the European Union. The argument is informed by the international political theories outlined by Kant and Rawls, according to which the domain of international institutions is distinct from that of domestic politics. If the European Union is an (...)
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  15. Citizenship and Obligation.Pavlos Eleftheriadis - forthcoming - In Julie Dickson & Pavlos Eleftheriadis (eds.), Philosophical Foundations of European Union Law. Oxford University Press.
    Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests that European (...)
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  16. The Law of Laws.Pavlos Eleftheriadis - forthcoming - Transnational Legal Theory 1 (3).
    How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. the (...)
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  17. Expropriation of Alien Property: An Inquiry Into the Sociology of International Law.John H. Herz - forthcoming - Social Research: An International Quarterly.
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  18. Diffuse Subjects and Dispersed Power: New Materialist Insights and Cautionary Lessons for International Law.J. Hohmann - forthcoming - Leiden Journal of International Law.
    This article sets out the major tenets of new materialism and maps out its implications for international law. It considers what new materialism might offer for those of us working within international law in the way of new insights, resources, practices or politics. It first sets the contours of new materialism within the broader material turn. It then elaborates three main tenets of new materialism’s methodology, theory, and ontology: its attention to matter in its physicality; the embedded and entangled subject; (...)
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  19. Space Law.Deepa Kansra - forthcoming - Wiki Books.
    The chapter gives an overview of the binding and non-binding international norms which govern and regulate the activities of states and other actors in outer space. It covers the key agendas and challenges being addressed within international space law in the wake of advancements in technology and greater access to outer space by multiple actors. For a comprehensive view of the subject, the chapter gives an overview of the nature of space laws within national systems, and the interface of space (...)
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  20. Rescue Missions in the Mediterranean and the Legitimacy of the EU’s Border Regime.Hallvard Sandven & Antoinette Scherz - forthcoming - Res Publica:1-20.
    In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...)
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  21. Global justice and social conflict: The foundations of liberal order and international law.Inés Valdez - forthcoming - Contemporary Political Theory:1-4.
  22. 10 Cosmopolitanism and International Law.Kenneth Baynes - 2022 - In Melissa S. Williams (ed.), Moral Universalism and Pluralism: Nomos Xlix. New York University Press. pp. 219-239.
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  23. Correction to: Conceptualizing Corporate Accountability in International Law: Models for a Business and Human Rights Treaty.Nadia Bernaz - 2022 - Human Rights Review 23 (1):101-101.
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  24. Access to Evidence in Private International Law.Alice Guerra, Daniel Pi & Francesco Parisi - 2022 - Theoretical Inquiries in Law 23 (1):77-96.
    This Article analyzes the interaction between the burden of proof and evidentiary discovery rules. Both sets of rules can affect incentives for prospective injurers to invest in evidence technology. This interaction becomes acutely important in the private international law setting, where jurisdictions are split on the question whether the burden of proof should be treated as a substantive or procedural matter. When a tort occurs in Europe, but the case is litigated in American courts, treating the burden of proof as (...)
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  25. 8 International Law as Inter-Public Law.Benedict Kingsbury - 2022 - In Melissa S. Williams (ed.), Moral Universalism and Pluralism: Nomos Xlix. New York University Press. pp. 167-204.
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  26. Struggle for Recognition: Theorising Sexual/Gender Minorities as Rights-Holders in International Law.Po-Han Lee - 2022 - Feminist Legal Studies 30 (1):73-95.
    This article argues for the necessity of recognising the collective rights-holding status of ‘sexual and gender minorities’ by examining the limits of the discourse concerning sexual orientation and gender identity in international law. I consider both symbolic interactionism and queer theory, which are critical of the assumption that everyone subscribes to a gender and a sexual identity. The theorisation proposed here accounts for not only people who possess a relatively stable identity, but also people whose situations are not conclusively characterised (...)
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  27. European Problems in Understanding Human Dignity.Marek Piechowiak - 2022 - Encyclopedia of Contemporary Constitutionalism.
    (Introduction) Dignity is regarded today as a fundamental, or even the most fundamental, value across legal systems, at both international and national levels. It seems to be one of the values which provide a common axiological basis for different constitutional traditions across Europe (de Lange 2007: esp. 3-6). Moreover, taking account of its prominent place in the law of the United Nations, human dignity is one of the values on which the international community rests. The expression “human dignity” belongs to (...)
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  28. The Asymmetries of Disability Rights Protection in the Inter-American System.Ottavio Quirico & Pablo Cristóbal Jiménez Lobeira - 2022 - In Inclusive Sustainability: Harmonising Disability Law and Policy. Springer Singapore.
    This contribution explores disability rights protection in Inter-American States within the framework of the OAS and in the context of the obligations established under the CIADDIS and the CRPD. Following the classical division between ‘primary’ and ‘secondary’ rules, the contribution first sketches key regulatory initiatives in the area of disability rights and second considers compliance and enforcement mechanisms. Along these lines, the first section illustrates similarities and differences between the CIADDIS and the CRPD and, within this framework, essential regional regulatory (...)
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  29. The Asymmetries of Disability Rights Protection in the Inter-American System.Ottavio Quirico & Pablo Cristóbal Jiménez Lobeira - 2022 - In Inclusive Sustainability: Harmonising Disability Law and Policy. Singapore: Springer. pp. 303.
    This contribution explores disability rights protection in Inter-American States within the framework of the OAS and in the context of the obligations established under the CIADDIS and the CRPD. Following the classical division between ‘primary’ and ‘secondary’ rules,3 the contribution first sketches key regulatory initiatives in the area of disability rights and second considers compliance and enforcement mechanisms. Along these lines, the first section illustrates similarities and differences between the CIADDIS and the CRPD and, within this framework, essential regional regulatory (...)
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  30. 11 Democracy and International Law A Peril From the “Public”?Gopal Sreenivasan - 2022 - In Melissa S. Williams (ed.), Moral Universalism and Pluralism: Nomos Xlix. New York University Press. pp. 240-250.
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  31. Peaceful Use of Lasers in Space: Context-Based Legitimacy in Global Governance of Large Technical Systems.Petr Boháček, Pavel Dufek & Nikola Schmidt - 2021 - Alternatives 3 (46):63–85.
    Technology offers unique sets of opportunities, from human flourishing to civilization survival, but also challenges, from partial misuse to global apocalypse. Yet technology is shaped by the social environment in which it is developed and used, prompting questions about its desirable governance format. In this context, we look at governance challenges of large technical systems, specifically the peaceful use of high-power lasers in space, in order to propose a conceptual framework for legitimate global governance. Specifically, we adopt a context-based approach (...)
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  32. Routledge Handbook of International Law and the Humanities.Shane Chalmers & Sundhya Pahuja - 2021 - Routledge.
    This handbook brings together 40 of the world's leading scholars and rising stars who study international law from disciplines in the humanities - from history to literature, philosophy to the visual arts - to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK, and the USA, all the contributors engage the question of what is distinctive, and critical, about (...)
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  33. 2019 NASSP Book Award Panel - Reply to Commentators. The Boundaries of Battlefields, Collaboration Between Enemies, and Just War Theory.Yvonne Chiu - 2021 - Social Philosophy Today 37:225-233.
    Reply to commentators: Symposium on the winner of the 2019 NASSP Book Award Prize: Yvonne Chiu, *Conspiring with the Enemy: The Ethic of Cooperation in Warfare* (Columbia University Press, 2019).
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  34. What Liberals Should Tolerate Internationally.Andrew Jason Cohen - 2021 - Critical Review of International Social and Political Philosophy 24 (1):64-86.
    The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest of (...)
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  35. Unrecognised States: The Necessary Affirmation of the Event of International Law.Erdem Ertürk & Anastasia Tataryn - 2021 - Law and Critique 32 (3):331-345.
    Fitzpatrick’s writing on international law did not constitute the main focus of his oeuvre. However, the determinate-responsive nature of law that characterised so much of his work did extend to an analysis of the generative force of international law. This article picks up on commentary from Modernism and the Grounds of Law and ‘Latin Roots’, among other contributions, to test this generative force of international law, which Fitzpatrick identifies as a necessary affirmation of the movement between the ‘determinate but not (...)
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  36. Democracies and International Law.Tom Ginsburg - 2021 - Cambridge University Press.
    Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the (...)
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  37. Cecile Fabre, Economic Statecraft: Human Rights, Sanctions and Conditionality.Michael L. Gross - 2021 - Criminal Law and Philosophy 15 (1):119-122.
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  38. The Harmonization of Domestic and International Human Rights Standards on Criminalization of Rape.Deepa Kansra - 2021 - Rights Compass.
    In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...)
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  39. Hannah Arendt and International Relations.Shinkyu Lee - 2021 - In Nukhet Sandal (ed.), Oxford Research Encyclopedia of International Studies. New York, NY, USA: Oxford University Press. pp. 1-30.
    International relations (IR) scholars have increasingly integrated Hannah Arendt into their works. Her fierce critique of the conventional ideas of politics driven by rulership, enforcement, and violence has a particular resonance for theorists seeking to critically revisit the basic assumptions of IR scholarship. Arendt’s thinking, however, contains complexity and nuance that need careful treatment when extended beyond domestic politics. In particular, Arendt’s vision of free politics—characterized by the dualistic emphasis on agonistic action and institutional stability—raises two crucial issues that need (...)
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  40. Review of Blake, Michael. Justice, Migration, and Mercy. [REVIEW]Matthew Lister - 2021 - Ethics 131 (3):600-605.
    The following is an unedited/copy edited version of a review to appear in Ethics. if citation is desired, please cite to the published version when it appears (April 2021). -/- For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated, and develops a number of fruitful arguments. Although I will argue that the account is unsuccessful or incomplete at key points, it’s clearly an important work of (...)
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  41. Blake, Michael. Justice, Migration, and Mercy. Oxford: Oxford University Press, 2019. Pp. 280. $35.00 (Cloth). [REVIEW]Matthew Lister - 2021 - Ethics 131 (3):600-605.
    For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated, and develops a number of fruitful arguments. Although I will argue that the account is unsuccessful or incomplete at key points, it’s clearly an important work of relevance to those working on immigration, as well as to political philosophers more generally. In particular, Blake provides powerful arguments against the claim that “open borders” are required by liberal (...)
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  42. Hume’s Dynamic Coordination and International Law.Carmen E. Pavel - 2021 - Political Theory 49 (2):215-242.
    At the heart of the tension between state autonomy and international law is the question of whether states should willingly restrict their freedom of action for the sake of international security, human rights, trade, communication, and the environment. David Hume offers surprising insights to answer this question. He argues that the same interests in cooperation arise among individuals as well as states and that their interactions should be regulated by the same principles. Drawing on his model of dynamic coordination, I (...)
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  43. Legitimacy Beyond the State: Normative and Conceptual Questions.Antoinette Scherz, Cord Schmelzle & N. P. Adams (eds.) - 2021 - Abingdon, UK: Routledge.
    This volume addresses the normative legitimacy of the international order, asking how we can make sense of legitimacy claims of increasingly diverse global governance institutions and practices and how their legitimacy relates to and differs from state legitimacy. -/- State legitimacy is a central concern of modern political thought but is inadequate when applied to institutions that differ from the state in type, level of governance, scope, and much else. We need a new, tailored approach to the legitimacy of institutions (...)
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  44. Proportionality as Procedure: Strengthening the Legitimate Authority of the UN Committee on Economic, Social and Cultural Rights.Antoinette Scherz & Alain Zysset - 2021 - Global Constitutionalism 10 (3):524-546.
    The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...)
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  45. Minimalism, Determinacy, and Human Rights.Robert Mark Simpson - 2021 - Canadian Journal of Law and Jurisprudence 34 (1):149-169.
    Many theorists understand human rights as only aiming to secure a minimally decent existence, rather than a positively good or flourishing life. Some of the theoretical considerations that support this minimalist view have been mapped out in the philosophical literature. The aim of this paper is to explain how a relatively neglected theoretical desideratum – namely, determinacy – can be invoked in arguing for human rights minimalism. Most of us want a theory of human rights whose demands can be realized, (...)
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  46. Transparency of Approaches to International Law: A Short Story of an Unsung Hero.Michał Stępień - 2021 - Studies in Logic, Grammar and Rhetoric 66 (2):309-320.
    This article is about the problem of non-disclosure of an assumed method and approach to international law. That makes some real and current issues of international more difficult to grasp – and how to debate about something if there is a misunderstanding of the basics? The problem is depicted with two examples: the attitude of international law toward the statehood of Taiwan along with the on-going development of the Responsibility to Protect doctrine. Both reveal the clash between so-called black-letterism and (...)
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  47. 3. Law and the Time of Angels: International Law's Method Wars and the Affective Life of Disciplines.Natasha Wheatley - 2021 - History and Theory 60 (2):311-330.
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  48. Russian Geopolitics and Eurasia: An Analytical Study of Russia's Role in the Eurasian Integration.Shahzada Rahim Abbas - 2020 - World Affairs Journal 2 (24):90-105.
    Throughout history, Eurasia has been central to relations between Europe and Asia. It has been the crossroads of civilizations, contributing to the cultural and ethnic hybridity of the region. However, after the fall of the Ottoman Empire and later the Soviet Union in the twentieth century, Eurasia lost its geostrategic importance in the US-led liberal world order. In the 1920s, a group of Russian emigres described the cultural and ethnic ties among the communities living across the vast Eurasian steppes as (...)
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  49. Russia’s Eurasian Union Dream: A Way Forward Towards Multi Polar World Order.Shahzada Rahim Abbas - 2020 - Rechtsidee 6 (2):1-8.
    Since the disintegration of the USSR Eurasia has gained a new geopolitical and strategic significance. Fifteen Countries emerged as a result of disintegration, among which only the Russian Federation was the successor state. The post-soviet era especially the era of the 1990s was a political and economic trauma for the Russian Federation and the post-soviet space. But Eurasianists were well aware of the American unilateralism and American ‘Grand Chessboard strategy” that was solely aimed at encircling Russian geography. With these concerns, (...)
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  50. Antibiotics and Animal Agriculture: The Need for Global Collective Action.Jonny Anomaly - 2020 - In Michael Selgelid (ed.), Ethics and Drug Resistance. New York: Springer. pp. 297-308.
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