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It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.
It is commonly believed that international law originated in relations among European states that respected one another as free and equal. In fact, as Jennifer Pitts shows, international law was forged at least as much through Europeans’ domineering relations with non-European states and empires, leaving a legacy still visible in the unequal structures of today’s international order. Pitts focuses on the eighteenth and nineteenth centuries, the great age of imperial expansion, as European intellectuals and administrators worked to establish and justify laws to govern emerging relationships with non-Europeans. Relying on military and commercial dominance, European powers dictated their own terms on the basis of their own norms and interests. Despite claims that the law of nations was a universal system rooted in the values of equality and reciprocity, the laws that came to govern the world were parochial and deeply entangled in imperialism. Legal authorities, including Emer de Vattel, John Westlake, and Henry Wheaton, were key figures in these developments. But ordinary diplomats, colonial administrators, and journalists played their part too, as did some of the greatest political thinkers of the time, among them Montesquieu and John Stuart Mill. Against this growing consensus, however, dissident voices as prominent as Edmund Burke insisted that European states had extensive legal obligations abroad that ought not to be ignored. These critics, Pitts shows, provide valuable resources for scrutiny of the political, economic, and legal inequalities that continue to afflict global affairs.
This is an analysis of the international legal order from the feminist perspective. It argues that the institutions, methodologies and substantive principles of international law are gendered in that they are based on the realities of male lives.
This is the ultimate guide to international maritime boundaries. Its unique practical features include - systematic examination of all international maritime boundaries worldwide; - comprehensive coverage, including the text of every modern boundary agreement; - descriptions of judicially-established boundaries; - maps and detailed analyses of those boundaries; - expert papers examining the status of maritime boundary delimitations in each of the ten regions of the world; - papers from a global perspective analyzing key issues in maritime boundary theory and practice; and - a cumulative index for volumes I - III. These features make International Maritime Boundaries an unmatched comprehensive, accessible resource in the field.
This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.
Bridges and Boundaries offers a conversation between what might loosely be described as traditionalist diplomatic and military historians, and political scientists who employ qualitative case study methods to examine international relations. The book opens with a series of chapters discussing differences, commonalities, and opportunities for cross-fertilization between the two disciplines.To help focus the dialogue on real events and research, the volume then revisits three empirical topics that have been studied at length by members of both disciplines: British hegemony in the nineteenth century; diplomacy in the interwar period and the causes of World War II; and the origins and course of the Cold War. For each of these subjects, a political scientist, a historian, and a commentator reflect on how disciplinary "guild rules" have shaped the study of international events. The book closes with incisive overviews by Robert Jervis and Paul W. Schroeder. Bridges and Boundaries explores how historians and political scientists can learn from one another and illustrates the possibilities that arise when open-minded scholars from different disciplines sit down to talk.
Author : Helmut Philipp Aust Publisher : Cambridge University Press Page : 417 pages File Size : 14,41 MB Release : 2021-06-03 Category : Law ISBN : 1108837743
This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
In the 21st century governments are increasingly focusing on designing ways and means of connecting across boundaries to achieve goals. Whether issues are complex and challenging – climate change, international terrorism, intergenerational poverty– or more straightforward - provision of a single point of entry to government or delivering integrated public services - practitioners and scholars increasingly advocate the use of approaches which require connections across various boundaries, be they organizational, jurisdictional or sectorial. Governments around the world continue to experiment with various approaches but still confront barriers, leading to a general view that there is considerable promise in cross boundary working, but that this is often unfulfilled. This book explores a variety of topics in order to create a rich survey of the international experience of cross-boundary working. The book asks fundamental questions such as: What do we mean by the notion of crossing boundaries? Why has this emerged? What does cross boundary working involve? What are the critical enablers and barriers? By scrutinizing these questions, the contributing authors examine: the promise; the barriers; the enablers; the enduring tensions; and the potential solutions to cross-boundary working. As such, this will be an essential read for all those involved with public administration, management and policy.