A Landscape Of Contemporary Theories Of International Law

The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.

The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law (IMAIL), combining the insights of Marxism, socialist feminism, and postcolonial theory. The book uses this approach 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 issues and problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis, and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics, and global studies.

Unlock the profound significance of International Legal Theories within Political Science with this comprehensive guide. Gain insights into the legal principles that shape global governance and justice, enhancing your expertise in this critical field. Chapters Summaries: 1. International Legal Theories - Explore foundational and contemporary theories in international law and their impact on global legal norms. 2. Jurisprudence - Examine the philosophical foundations of law and their influence on international legal frameworks. 3. Philosophy of Law - Discover theoretical perspectives guiding the interpretation and application of legal principles across borders. 4. Legal Positivism - Understand the doctrine that laws are human-made rules and its implications for international legal systems. 5. Peremptory Norm - Learn about the highest, non-violable norms in international law, like prohibitions against genocide and torture. 6. Regime Theory - Investigate how international regimes manage global issues through legal and institutional frameworks. 7. Reflectivism - Examine the critical approach to international law, focusing on the social and political contexts shaping legal norms. 8. History of International Law - Trace the evolution of international law from its origins to present-day principles. 9. International Law - Get an overview of rules and principles governing relations between states and other international actors. 10. Legal Anthropology - Analyze how legal systems reflect societal norms and values. 11. Crime - Study international legal frameworks addressing transnational crimes and efforts to combat them. 12. Civil Liberties - Understand the protection of individual rights within international law. 13. Chinese Law - Examine Chinese legal traditions and their impact on international interactions. 14. International Relations - Analyze how international law influences global diplomacy. 15. International Human Rights Law - Investigate mechanisms designed to protect human rights globally. 16. Enforcement - Learn about methods and challenges in enforcing international legal norms and agreements. 17. Humanitarian Intervention - Discuss legal and ethical considerations of using force to protect human rights. 18. Constructivism (International Relations) - Understand how ideational factors shape international law. 19. English School of International Relations Theory - Explore contributions to the understanding of international society and legal order. 20. Abram Chayes - Learn about this influential legal scholar's contributions to international law. 21. Right to Truth - Delve into the emerging principle that victims and society have the right to know the truth about human rights violations. Ideal for professionals, students, and enthusiasts, this book provides advanced knowledge, ensuring you stay ahead in the field of international law.

For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of today's theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas, such as the relationship between universality and particularity, the role of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it appears that the reinvigorated concept of the nation state as an ordering force competes with internationalist thinking, the problems at issue in the classic theories point to contemporary questions: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show that uncovering the history of international law can offer ways in which to envisage its future.

'Gideon Boas's experience as an international litigator and his renown as an academic practitioner means he was well-placed to write a book on international law that both covers this growing field and enters it at key moments to illustrate important themes. This book accomplishes the difficult task of offering a wide-ranging perspective on the whole field, as well as conveying the ferment that surrounds it. Students of international law will derive great benefit from it.' – Gerry Simpson, University of Melbourne, Australia Public International Law offers a comprehensive understanding of international law as well as a fresh and highly accessible approach. While explaining the theory and development of international law, this work also examines how it functions in practice. Case studies and recent examples are infused in the discussion on each topic, and critical perspectives on the principles are given prominence, building an understanding of how and why the international legal system operates in the way it does and where it is heading. For each principle, the book starts by explaining the theoretical foundations in detail before illustrating how these principles function in practice. Features include: • a focus on fundamental principles of international law rather than specialist sub-topics; • integrated and contextual explanation of political and extra-legal dimension of international legal system; • principles of international law placed within a contemporary real-life context; • traditional and contemporary case studies explained in the context of legal principles; and • uniform structure to facilitate understanding. With insight founded on the author's many years of experience as a practitioner and academic in the field of international law, this work will offer legal practitioners, policy makers and students, both undergraduate and postgraduate, an invaluable insight into the field of international law.

Theory of International Law at the Threshold of the 21st Century is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.

International law basically comprises of rules and principles which govern the relations and dealings of nations with each other. It establishes the framework and the criteria for indentifying states as the principal actors in the international legal system. International also concerned with group rights, treatment of aliens, rights of refugees, international crimes, rationality problem, self-determination and Human rights generally. It further focuses on area like maintenance of international peace and security, arms control, the pacific settlement of disputes and regulation of the use of force in international relations, it is seen that even when the law is not able to stop the outbreak of war, it has developed principles to govern the conduct of hostilities and the treatment of prisoners. At present application of international law has touched almost all corner of law including global environment, the global commons such as international waters, outer space, global communications and world trade. Whilst municipal law is hierarchical in its structure, international law is horizontal in nature. This means that all states are sovereign and theoretically equal. It purposes was to regulate diplomatic relations between states in a judicial way on the basis of mutual respect of national sovereignty. Many contemporary theories approach international law-making with a shift in emphasis from the sources of law towards the broad range of fundamental issues, from sustainable development, environment and refugees protection, disaster relief, counter terrorism, disarmament and non-proliferation, to promoting democracy and human rights etc.

This book offers a critique of the principal contemporary approaches to international law alongside its own novel perspectives.

This research collection offers a comprehensive view of the most notable contributions to the theory and philosophy of international law. In the first volume, a number of philosophical inquiries have been selected, alongside contributions offering general theoretical insight into international law and explores how philosophers and international law scholars tackle them in their respective fields of inquiry. In the second volume, the kaleidoscope of different contemporary theories and approaches to international law is presented. The collection is an indispensable reference for anyone interested in philosophical and theoretical investigations in international law.