International Law on the Left

Author: Susan Marks
Publisher: Cambridge University Press
ISBN: 1139470728
Format: PDF, ePub, Docs
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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 Marxism and critical approaches to international law, the legacy of Soviet international legal theory, the bearing of Marxism for the analysis of international trade law and human rights, and the significance for international legal enquiry of such Marxist concepts as the commodity, praxis and exploitation.

Research Handbook on Political Economy and Law

Author: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1781005354
Format: PDF, Kindle
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Events such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. This is so despite the ever-increasing complexity and sophistication in the management and understanding of economic, legal and political spheres of global society. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy. With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources. Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource.

The Oxford Handbook of Legal History

Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513133
Format: PDF
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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Finnish Yearbook of International Law

Author: Jan Klabbers
Publisher: Bloomsbury Publishing
ISBN: 1782250921
Format: PDF, Mobi
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The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Ius Gentium Association (the Finnish Society of International Law) by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fybil.org INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 22 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/fyil/subs

International Law and its Discontents

Author: Barbara Stark
Publisher: Cambridge University Press
ISBN: 1107047501
Format: PDF, Mobi
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Brings together international law's most outspoken 'discontents' to expose international law's complicity in the ongoing economic and financial global crises.

Scientific Realism and International Relations

Author: J. Joseph
Publisher: Springer
ISBN: 0230281982
Format: PDF, ePub
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Critical and scientific realism have emerged as important perspectives on international relations in recent years. The attraction of these approaches lies in the claim that they can transcend the positivism vs postpositivism divide. This book demonstrates the vitality of this approach and the difference that 'realism' makes.

Intimations of Global Law

Author: Neil Walker
Publisher: Cambridge University Press
ISBN: 1316195708
Format: PDF, ePub, Mobi
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A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of 'legal pluralism' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.

The Legacy of Marxism

Author: Matthew Johnson
Publisher: Bloomsbury Publishing USA
ISBN: 144114482X
Format: PDF, Kindle
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Marx's influence is evident in a range of often incompatible and contradictory political movements and intellectual approaches. With a number of those movements now discredited by the experience of 'really existing socialism', and the academic left gravitating towards approaches which eschew 'authoritarian', 'essentialist' and 'ethnocentric' elements of orthodox Marxism, the relevance of Marx has been called into question. Featuring chapters by Norman Geras, Joseph Femia, Alan Johnson, Paul Bowman, Ronaldo Munck, Lawrence Wilde, Mark Cowling, Chengyi Peng, Terrell Carver, Oliver Harrison and Stuart Sim, this book is an attempt to examine means by which the left can make real, substantive and positive contributions to contemporary debate. The collection examines such topics as: the meaning of Marxism and pluralism within the left; Marxism's scientific credentials; Â?iÂ?ek, revolution, democracy and cultural studies; the politics of development; the relationship between Marxism and global capitalism; the global justice debate and Marx's rejection of moral discourse; the analysis of crime and criminal justice; Chinese society and constitutional diversity, and the relationship between Marxism and post-Marxism.

Public Policy in International Economic Law

Author: Diane Desierto
Publisher: OUP Oxford
ISBN: 0191026484
Format: PDF, ePub
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Interpretation in International Law

Author: Andrea Bianchi
Publisher: OUP Oxford
ISBN: 0191038709
Format: PDF
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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.