Results for 'international law'

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  1. International law in context.Cara Warren - 2022 - Durham, North Carolina: Carolina Academic Press.
    International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. (...)
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  2.  16
    'A New Philosophy for International Law' and Dworkin's Political Realism.Eric J. Scarffe - 2016 - Canadian Journal of Law and Jurisprudence 29 (1):191-213.
    During his career, Ronald Dworkin wrote extensively on an impressive range of issues in moral, political, and legal philosophy, but, like many of his contemporaries, international law remained a topic of relative neglect. His most sustained work on international law is a posthumously published article, “A New Philosophy for International Law” (2013), which displays some familiar aspects of his views in general jurisprudence, in addition to some novel (though perhaps surprising) arguments as well. This paper argues that (...)
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  3.  27
    International Law and World Order: A Critique of Contemporary Approaches.B. S. Chimni - 1993 - Cambridge University Press.
    In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law combining the insights of Marxism, socialist feminism and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law including new, feminist, realist and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure and process of international law. The book also considers crucial world order (...)
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  4. The first integrated practice of legal translation in modern China: A study of the Chinese translation of Elements of International Law, 1864.Law Shanghai - forthcoming - Semiotica.
    Journal Name: Semiotica Issue: Ahead of print.
     
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  5.  67
    International law and political philosophy: Uncovering new linkages.Steven Ratner - 2019 - Philosophy Compass 14 (2):e12564.
    Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices (...)
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  6.  42
    The limits of international law.Jack L. Goldsmith - 2007 - New York: Oxford University Press. Edited by Eric A. Posner.
    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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  7.  39
    International Law and Theories of Global Justice.Steven Ratner, David Luban, Carmen Pavel, Jiewuh Song & James Stewart - unknown
    International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to (...)
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  8.  8
    International law and posthuman theory.Matilda Arvidsson & Emily Jones (eds.) - 2024 - New York, NY: Routledge.
    Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors, and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable (...)
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  9. International law and the limits of global justice.S. Meckled-Garcia - 2011 - Review of International Studies 37 (5):2073-2088.
    There are limits to what can be achieved using the means and medium of international law. This article explores those limits by providing an innovative theory of the nature of international law and how we should understand its limits in terms of value theory. A "four functions" theory is proposed, and these functions are used to interpret areas of international law in terms of their distinctive and valuable contribution to a specific area of human relations. On the (...)
     
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  10.  5
    Public international law.Philip Bobbitt - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 103–118.
    This chapter contains sections titled: The Subject Matter of International Law The Sources of International Law Conclusion References.
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  11. The philosophy of international law.Samantha Besson & John Tasioulas (eds.) - 2010 - New York: 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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  12. International law and morality in the theory of secession.David Copp - 1998 - The Journal of Ethics 2 (3):219-245.
    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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  13.  5
    Democracy in international law-making: principles from Persian philosophy.Salar Abbasi - 2021 - New York, NY: Routledge.
    This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names 'democratic egalitarian multilateralism' is founded on: the idea of 'egalitarian law' by Suhrawardi, (...)
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  14. A Philosophy of International Law.Fernando Teson - 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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  15.  2
    Ideas in conflict: international law and the global war on terror.Eric Engle - 2013 - The Hague, The Netherlands: Eleven International Publishing.
    Contemporary international law. Methodology -- The origin of sovereignty in Roman and medieval law -- The transformation of sovereignty and international law in late modernity -- The transformation of international law by human rights -- The UN convention system and US foreign policy -- IR realism and the positivity of international law -- Containment and disengagement -- Assassination and international law -- Humanitarian intervention and international law -- Lawfare, Wikileaks, and the rule of law.
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  16. World perspectives in international law.Richard Young - 1984 - In Adlai E. Stevenson & W. Lawson Taitte (eds.), The Citizen and His Government. the University of Texas Press.
     
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  17.  9
    The sentimental life of international law: literature, language, and longing in world politics.Gerry J. Simpson - 2021 - Oxford: Oxford University Press.
    The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may (...)
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  18.  58
    Kant, International Law, and the Problem of Humanitarian Intervention.Antonio Franceschet - 2010 - Journal of International Political Theory 6 (1):1-22.
    International law has one principal mechanism for settling the legality of humanitarian interventions, the United Nations Security Council's power to authorise coercion. However, this is hardly satisfactory in practice and has failed to provide a more secure juridical basis for determining significant conflicts among states over when humanitarian force is justified. This article argues that, in spite of Immanuel Kant's limited analysis of intervention, and his silence on humanitarian intervention, his political theory provides the elements of a compelling analysis (...)
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  19.  10
    International Law as We Know It: Cyberwar Discourse and the Construction of Knowledge in International Legal Scholarship.Lianne J. M. Boer - 2021 - Cambridge University Press.
    International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international (...)
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  20.  8
    International Law as a Profession.Jean D'Aspremont, Tarcisio Gazzini, André Nollkaemper & Wouter Werner (eds.) - 2017 - Cambridge University Press.
    International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international (...)
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  21. Fairness in International Law and Institutions.Thomas M. Franck - 1995 - Oxford University Press UK.
    This book is based on Professor Franck's highly acclaimed Hague Academy General Course. In it he offers a compelling view of the future of international legal reasoning and legal theory. The author offers a critical analysis of the prescriptive norms and institutions of modern international law and argues that international law has the capacity to advance, in practice, the abstract social values shared by the community of states and persons. This book is both thought-provoking and original and (...)
     
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  22.  10
    Space and Fates of International Law: Between Leibniz and Hobbes.Ekaterina Yahyaoui Krivenko - 2020 - New York, NY, USA: Cambridge University Press.
    The book offers the first analysis of the influence exercised by the concept of space on the emergence and continuing operation of international law. By adopting a historical perspective and analysing work of two central early modern thinkers – Leibniz and Hobbes – it offers a significant addition to a limited range of resources on early modern history of international law. The book traces links between concepts of space, universality, human cognition, law, and international law in these (...)
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  23.  5
    International Law and the Possibility of a Just World Order: An Essay on Hegel’s Universalism.Steven V. Hicks (ed.) - 1999 - BRILL.
    This book examines the concepts of international law and international relations as they are developed in the social and political philosophy of G.W.F. Hegel. Hegel has a vision of a single modern social world, in which peoples and nation-states can co-exist under conditions of peace, justice, mutual respect, and prosperity.
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  24.  22
    International Law in The Era of Blockchain: Law Semiotics.Koshzhanova Baktygul - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (6):2305-2322.
    Being built on the ground of mutual effect, facing the current state-isolation, international law is losing its grip on efficiency. This makes some of us to question (1) If law is not working, do we still need law? If we would say no, the history shows that such is the path to the state-suicide. As Smithian mutual benefits is the assurance of the individual benefits, we need international relationships to create the benefits for the individual states, hence (...) law, Yet the current one is certainly not working, then, the question, (2) What should the international law be? The enforcement of the international law could be accomplished through the blockchain. As blockchain “went bypass” the national law, and simply negated it, yet it is still not immune to the scope of international jurisdiction. We also argue that the blockchain’ smart contract is not sufficient enough to operate smoothly. Human brain is structured as the mirror rather than a glass and transferring the law interpretation to the machine would not work, hence, we designed the formula of langue and parole, blockchain multiseg operating under the semiotics of the international law. Here the language learning is modelled with the supervisory and reinforcing algorithms, with supervisory predetermined with bias X,Y towards the values of law. Sort of form of constant repetends of Heidegger’s hermeneutics circle. The most important part in this paper is written with the purpose to explain that international law is at the same struggle that Kafka had. Carrying the weight of both, the clothed façade and true self, first being the morality guide and later the states will, and not being neither, international law is self-isolated from the real world, as Gregor Samsa was. Hence, this is not the paper of secularization, no customs, no higher purpose, nothing except the will of states, that can be constantly renewed with the signifier and signified being linked and re-linked. (shrink)
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  25. Justice, legitimacy, and self-determination: moral foundations for international law.Allen Buchanan - 2003 - New York: 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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  26.  22
    International Law and the Humanization of Warfare.Mitt Regan - 2023 - Ethics and International Affairs 37 (4):375-390.
    The trend toward the “humanization” of international law reflects a greater emphasis on individuals rather than simply states as objects of concern. The advance of human rights law (HRL) has been an important impetus for this trend. Some observers suggest that humanization can be furthered even more by applying HRL rather than international humanitarian law (IHL) to hostilities between states and nonstate armed groups, unless a state explicitly declares that it is engaged in an armed conflict. This essay (...)
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  27.  7
    Mobilising International Law for 'Global Justice'.Jeff Handmaker & Karin Arts (eds.) - 2018 - Cambridge University Press.
    Mobilising International Law for 'Global Justice' provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage (...)
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  28.  23
    International Law Theories: An Inquiry Into Different Ways of Thinking.Andrea Bianchi - 2016 - Oxford University Press UK.
    Two fish are swimming in a pond. "Do you know what?" the fish asks his friend. "No, tell me." "I was talking to a frog the other day. And he told me that we are surrounded by water!" His friend looks at him with great scepticism: "Water? What's that? Show me some water!"This book is an attempt to stir up 'the water' the two fish are swimming in. It analyses the different theoretical approaches to international law and invites readers (...)
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  29.  15
    The Philosphy of International Law.J. Tasioulas & S. Besson (eds.) - 2010 - New York: Oxford University Press.
    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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  30.  4
    Philosophy of International Law.Anthony Carty - 2017 - Edinburgh: Edinburgh University Press.
    Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies (...)
  31.  22
    International Law as Language—Towards a “Neo” New Haven School.Jared Wessel - 2010 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (2):123-144.
    This paper examines the tension between the mainstream belief in international law as a source of objectivity distinct from politics and its new stream critics that question the validity of such a distinction. It is argued that, as a type of language, international law is not distinct from politics as a function of objectivity, but rather by the fact that it serves the international community’s thymos. The phenomena of global administrative law and NATO’s use of force in (...)
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  32. International Law.David Rodin - 2002 - In War and Self Defense. Oxford, GB: Oxford University Press.
    This chapter explores the concept of the right of national self-defence. National self-defence is conceived in international law as a right — a consideration capable of asserting normative force against the consequentialist requirements such as those of peace and security. By locating the notion of national-defence within a framework of ideas generated in the context of personal defensive rights, the Just War Theorist can show how a state’s military action in defending its own sovereign power can be morally justified.
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  33.  10
    International Law, COVID-19 and Feminist Engagement with the United Nations Security Council: The End of the Affair?Catherine O’Rourke - 2020 - Feminist Legal Studies 28 (3):321-328.
    The gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised by the (...)
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  34.  8
    International Law as Behavior.Harlan Grant Cohen & Timothy Meyer (eds.) - 2021 - Cambridge University Press.
    This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a (...)
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  35.  20
    International Rules: Approaches from International Law and International Relations.Robert J. Beck & Robert D. Vander Lugt - 1996 - Oxford University Press on Demand.
    International Rules brings together exemplary works from the most prominent approaches to international rules of International Law and International Relations disciplines. Included are chapters on Natural Law, Legal Positivism, Classical Realism, the New Haven School, Institutionalism, Structural Realism, the New Stream, and Feminist Voices. Each of the eight chapters begins with a brief overview, offers a representative work or works, and concludes with a selected bibliography. From Hugo Grotius to David Kennedy, from George Kennan to Robert (...)
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  36.  50
    Is International Law Impartial?Steven R. Ratner - 2005 - Legal Theory 11 (1):39-74.
  37.  53
    International Law, Social Change and Resistance: A Conversation Between Professor Anna Grear (Cardiff) and Professorial Fellow Dianne Otto.Dianne Otto & Anna Grear - 2018 - Feminist Legal Studies 26 (3):351-363.
    This conversation between two scholars of international law focuses on the contemporary realities of feminist analysis of international law and on current and future spaces of resistance. It notes that feminism has moved from the margin towards the centre, but that this has also come at a cost. As the language of women’s rights and gender equality has travelled into the international policy worlds of crisis management and peace and security, feminist scholars need to become more careful (...)
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  38.  24
    International Law, Institutional Moral Reasoning, and Secession.David Lefkowitz - 2018 - Law and Philosophy 37 (4):385-413.
    This paper argues for the superiority of international law’s existing ban on unilateral secession over its reform to include either a primary or remedial right to secession. I begin by defending the claim that secession is an inherently institutional concept, and that therefore we ought to employ institutional moral reasoning to defend or criticize specific proposals regarding a right to secede. I then respond to the objection that at present we lack the empirical evidence necessary to sustain any specific (...)
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  39.  7
    Theory and philosophy of international law.Andrea Bianchi (ed.) - 2017 - Cheltenham, UK: Edward Elgar Publishing.
    volume I. Philosophical inquiries and general theoretical concerns -- volume II. The kaleidoscope of different international law theories.
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  40.  63
    Internal laws of probability, generalized likelihoods and Lewis' infinitesimal chances–a response to Adam Elga.Frederik Herzberg - 2007 - British Journal for the Philosophy of Science 58 (1):25-43.
    The rejection of an infinitesimal solution to the zero-fit problem by A. Elga ([2004]) does not seem to appreciate the opportunities provided by the use of internal finitely-additive probability measures. Indeed, internal laws of probability can be used to find a satisfactory infinitesimal answer to many zero-fit problems, not only to the one suggested by Elga, but also to the Markov chain (that is, discrete and memory-less) models of reality. Moreover, the generalization of likelihoods that Elga has in mind is (...)
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  41.  21
    International Law and Democracy.Kathia Martin-Chenut - 2008 - Diogenes 55 (4):33-43.
    This contribution intends to examine the role of democracy in the evolution of international law, and equally the role of the latter in the advancement of democracy, or, one might say, in its 'reinvention'. Two aspects of this broad theme are addressed: the influence of processes of democratization at the level of the individual nation on the evolution of international law, and the extent of penetration of democracy and democratic mechanisms within the processes of creation and application of (...)
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  42.  23
    International Law on the Left: Re-Examining Marxist Legacies.Susan Marks (ed.) - 2008 - Cambridge University Press.
    Against expectations that the turn away from state socialism would likewise initiate a turn away from Marxist thought, recent years have seen a resurgence of interest in Marxism and its reassessment by a new generation of theorists. This book pursues that interest with specific reference to international law. It presents a sustained and fascinating exploration of the pertinence of Marxist ideas, concepts and analytical practices for international legal enquiry from a range of angles. Essays consider the relationship between (...)
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  43.  7
    Theory of international law.Robert Kolb - 2016 - Portland, Oregon: Hart Publishing.
    History and characteristics of International law -- Foundation, sources and structural principles of International law -- The subjects of International law -- Questions of method and the structure of rules in International law -- The 'Lotus Rule' on residual state freedom -- The effectiveness of International law -- International society or International community? -- The relationship between International law and politics -- The relationship of International law with certain cardinal legal notions.
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  44. British International Law Cases a Collection of Decisions of Courts in the British Isles on Points of International Law. --.Clive Parry & J. A. Hopkins - 1963 - Stevens.
     
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  45. Philosophy and International Law: Reflections on Interdisciplinary Research into Terrorism.Anna Goppel & Anne Schwenkenbecher - 2012 - Ancilla Iuris 111.
    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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  46. Global social justice and international law.S. Meckled-Garcia - 2009 - In Basak Cali (ed.), International Law for International Relations. Oxford: Oxford University Press. pp. 351-378.
    This chapter considers the key values underlying and explaining important features of international law as a system of law. It uses that value analysis as a way of interpreting international law and of asking whether, within those values, international law can be made to serve certain 'global cosmopolitan' re-distributive aims. The chapter argues that the constraints of international law mean that it is not an appropriate medium for global re-distributive goals commonly associated with theories of societal (...)
     
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  47.  10
    International Law and Empire: Historical Explorations.Martti Koskenniemi, Walter Rech & Manuel Jiménez Fonseca (eds.) - 2017 - Oxford University Press UK.
    By examining the relationship between international law and empire from early modernity to the present, this volume aims at deepening current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance.
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  48. International Law.John-Michael Kuczynski - 2016 - Madison, WI, USA: Philosophypedia.
    A case is made that so-called international law is law in name only and, moreover, that although bona fide international law is theoretically possible, it would not be desirable.
     
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  49. 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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  50. 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 international law (...)
     
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