Results for 'International law History'

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  1. British International Law Cases a Collection of Decisions of Courts in the British Isles on Points of International Law. --.Clive Parry, J. A. Hopkins, International Law Fund & British Institute of International and Comparative Law - 1963 - Stevens.
     
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  2.  25
    A History of AI and Law in 50 Papers: 25 Years of the International Conference on AI and Law. [REVIEW]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 - Artificial Intelligence and Law 20 (3):215-319.
    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. 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.Francis Wharton - 1884 - Gaunt.
     
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  4.  1
    Revisiting the Early History of International Law.S. Allemann Daniel - forthcoming - History of European Ideas:1-4.
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    Justice Among Nations: A History of International Law by Stephen C. Neff. [REVIEW]Gerard V. Bradley - 2015 - Review of Metaphysics 68 (3):671-673.
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  6.  11
    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]J. W. Rich - 1994 - The Classical Review 44 (02):322-324.
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  7.  4
    The Critical History of International Law. [REVIEW]Jennifer Pitts - 2015 - Political Theory 43 (4):541-552.
  8.  1
    Tracing the Earliest Recorded Concepts of International Law: The Ancient Near East . By AmnonAltman. Legal History Library, Studies in the History of International Law, Vol. 8. Leiden : MartinusNijhoffPublishers, 2012. Pp. Xxvi + 254. $149. [Distributed by E. J. Brill]. [REVIEW]Gary Beckman - 2014 - Journal of the American Oriental Society 134 (3):550-550.
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  9. The Critical History of International LawJustice Among Nations: A History of International Law, by NeffStephen C.Cambridge, MA: Harvard University Press, 2014.Legal Orientalism: China, the United States, and Modern Law, by RuskolaTeemu. Cambridge, MA: Harvard University Press, 2013. [REVIEW]Jennifer Pitts - 2015 - Political Theory 43 (4):541-552.
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  10.  12
    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.Tetsuya Toyoda - 2011 - M. Nijhoff.
    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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  11. A Study of the Philosophy of International Law as Seen in Works of Latin American Writers.H. B. Jacobini - 1954 - Hyperion Press.
  12.  10
    Private Military and Security Companies and the Problems of their Regulation under International Humanitarian Law.Justinas Žilinskas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):163-177.
    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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  13. Activism, Language and International Law.Aleksandar Jokic - 2002 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 15 (1):107-120.
    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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  14.  11
    'Human and Nothing but Human': How Schmittian is Hannah Arendt's Critique of Human Rights and International Law?Liisi Keedus - 2011 - History of European Ideas 37 (2):190-196.
    (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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  15.  48
    Proportionality in International Law.Thomas M. Franck - 2010 - Law and Ethics of Human Rights 4 (2):231-242.
    Across a broad range of subjects, there is now wide agreement that the principle of proportionality governs the extent to which a provocation may lawfully be countered by what might otherwise be an unlawful response. That is the central role assigned to proportionality in international law and it is deeply rooted in the cultural history of societies. However, if the core institutions of a legal system are too weak to be relied upon to take remedial action against wrongdoers, (...)
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  16. Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights.C. Fred Alford - 2010 - Palgrave-Macmillan.
    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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  17. International Law and its Others.Anne Orford (ed.) - 2006 - Cambridge University Press.
    Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between (...) law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time. (shrink)
     
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  18. Unconditional Life: The Postwar International Law Settlement.Yoriko Otomo - 2016 - Oxford University Press UK.
    Drawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments. The book examines the public discourse regarding technological risk in World War II texts of unconditional surrender, in the World Trade Organisation's EC-Biotech dispute, and in the International Court of Justices' Nuclear Weapons Advisory Opinion. The volume describes international law in terms of its management of, and relation to, the risks associated with technological innovation in (...)
     
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  19. The Law of International Lawyers: Reading Martti Koskenniemi.Werner Wouter, de Hoon Marieke & Galán Alexis (eds.) - 2017 - Cambridge University Press.
    For decades, Martti Koskenniemi has not just been an influential writer in international law; his work has caused a significant shift in the direction of the field. This book engages with some of the core questions that have animated Koskenniemi's scholarship so far. Its chapters attest to the breadth and depth of Koskenniemi's oeuvre and the different ways in which he has explored these questions. Koskenniemi's work is applied to a wide range of functional areas in international law (...)
     
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  20. Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law.Allen E. Buchanan - 2004 - Oxford University Press.
    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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  21.  2
    Virginia Drachman, Sisters in Law, Women Lawyers in Modern American History.Hilary Sommerlad - 2002 - Feminist Legal Studies 10 (1):105-109.
  22.  6
    A Case of Affirming the Consequent in International Law: Un Security Council Resolution 232 (1966)—Southern Rhodesia.John Hund - 1994 - History and Philosophy of Logic 15 (2):201-210.
    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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  23. Law and Authority in British Legal History, 1200–1900.Mark Godfrey (ed.) - 2016 - Cambridge University Press.
    By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of (...)
     
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  24.  36
    The Legitimating Role of Consent in International Law.Matthew Lister - 2011 - Chicago Journal of International Law 11 (2).
    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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  25.  5
    A Court as the Process of Signification: Legal Semiotics of the International Court of Justice Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons.Tomonori Teraoka - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (1):115-127.
    The International Court of Justice advisory opinion on the Legality of the Threat or Use of Nuclear Weapons in 1996 was a landmark case because, for the first time in history, the legal aspect of nuclear weapons was addressed. The decision has evoked controversies regarding the Court’s conclusion, the legal status of international humanitarian law in relation to nuclear weapons, and a newly introduced concept of state survival. While much legal scholarship discusses and criticizes the legal significance (...)
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  26.  4
    Linguistic Justice in International Law: An Evaluation of the Discursive Framework. [REVIEW]Jacqueline Mowbray - 2011 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):79-95.
    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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  27.  3
    Kant and Hegel on Peace and International Law.Ludwig Siep - 1995 - Proceedings of the Eighth International Kant Congress 1:259-272.
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  28.  7
    Missionary Consciousness and Doctrine of International Law in the United States of America.Fritz Wagner - 1969 - Philosophy and History 2 (2):224-224.
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  29.  6
    Human Rights in Political Law and in International Law.Günther Küchenhoff - 1971 - Philosophy and History 4 (1):18-19.
  30. The Binding Force of Nascent Norms of International Law.Anthony Reeves - 2014 - Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    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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  31. Sex Trafficking: Trends, Challenges, and the Limitations of International Law. [REVIEW]Heather M. Smith - 2011 - Human Rights Review 12 (3):271-286.
    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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  32.  59
    The Moral Authority of International Law.Anthony Reeves - 2010 - APA Newsletter on Philosophy and Law 10 (1):13-18.
    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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  33.  95
    Review of Cassese, Five Masters of International Law. [REVIEW]H. G. Callaway - 2012 - Law and Politics Book Review 22 (1):154-161.
    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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  34. 'Exploding the Limits of Law': Judgment and Freedom in Arendt and Adorno.Craig Reeves - 2009 - Res Publica 15 (2):137-164.
    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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  35.  23
    The Modular Logic of Private International Law.Phan Minh Dung & Giovanni Sartor - 2011 - Artificial Intelligence and Law 19 (2-3):233-261.
    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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  36. A Philosophy of International Law.Fernando R. Tesón - 1998 - Westview Press.
    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.  93
    The Philosophy of International Law.Samantha Besson & John Tasioulas (eds.) - 2010 - Oxford University Press.
    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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  38.  30
    The Foundations and the Future of International Law.J. E. Cantwell - 1943 - Modern Schoolman 20 (2):116-117.
  39.  22
    The International Law of the Future.James L. Burke - 1946 - Modern Schoolman 24 (1):56-58.
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  40.  18
    The Nattural Law, the Basis of International Law.Arthur J. Kelly - 1943 - Proceedings of the American Catholic Philosophical Association 19:17-26.
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  41.  22
    The New Foundation of International Law.Herbert Weinschel - 1948 - Modern Schoolman 26 (1):73-75.
  42.  18
    Legal Rationality and the Problem of International Law.James T. King - 1975 - Proceedings of the American Catholic Philosophical Association 49:116-124.
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  43.  13
    St. Thomas and the Ethical Basis of International Law.William F. Roemer - 1927 - Proceedings of the American Catholic Philosophical Association 3:102-112.
  44.  4
    The Catholic Conception of International Law.Herbert Wright - 1935 - New Scholasticism 9 (4):369-370.
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  45.  2
    Some Thoughts on International Law.Stephen J. Rueve - 1939 - Modern Schoolman 17 (2):27-28.
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  46.  55
    Toward an International Rule of Law: Distinguishing International Law-Breakers From Would-Be Law-Makers.Robert E. Goodin - 2004 - Journal of Ethics 9 (1-2):225-246.
    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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  47.  29
    The Limits of International Law.Jack L. Goldsmith - 2007 - Oxford University Press.
    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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  48. ‘Victors’ Justice’? Historic Injustice and the Legitimacy of International Law.Daniel Butt - 2009 - In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press. pp. 163.
  49.  23
    Vattel's Theory of the International Order: Commerce and the Balance of Power in the Law of Nations.Isaac Nakhimovsky - 2007 - History of European Ideas 33 (2):157-173.
    Vattel's Law of Nations claimed that a system of independent states could maintain the liberty of each without undermining the ideal of an international society. The chief institution serving this purpose was the balance of power. In Vattel's account, the balance of power could be stabilized if it operated primarily through a process of commercial preferences and restrictions. These limits on how states ought to defend themselves were grounded in Vattel's thoroughly forgotten writings on the mid-eighteenth-century luxury debates, which (...)
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    Morality, Care, and International Law.Virginia Held - 2011 - Ethics and Global Politics 4 (3):173-194.
    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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