[PDF] The Many Paths Of Change In International Law eBook

Author :
Publisher : Oxford University Press
Page : 401 pages
File Size : 34,30 MB
Release : 2023-11-16
Category : Law
ISBN : 0198877927

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How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Author :
Publisher : Oxford University Press
Page : 401 pages
File Size : 41,98 MB
Release : 2023-11-16
Category : Law
ISBN : 0198877919

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How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Author : Daniel S. Margolies
Publisher : Routledge
Page : 357 pages
File Size : 18,63 MB
Release : 2019-03-22
Category : Law
ISBN : 1351231979

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Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.

Author : Antonio Cassese
Publisher : Walter de Gruyter
Page : 225 pages
File Size : 12,64 MB
Release : 2010-10-13
Category : Law
ISBN : 3110892677

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Change and Stability in International Law-Making.

Author : Will McWhinney
Publisher : SAGE Publications, Incorporated
Page : 288 pages
File Size : 19,15 MB
Release : 1997-05-01
Category : Business & Economics
ISBN : 9780761910176

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The substantially revised edition of Will McWhinney's inspirational Paths of Change outlines a new foundation for the theory and practice of change, initiating discipline of praxis using concepts from psychology, sociology, anthropology and new methods of working with ontological and narrative concepts to produce intentional changes in society. The components of McWhinney's theory include: a map of four alternative realities; a guidance theory based on two great myths that have been used in many cultures over the past millennia; and the qualities required to deal courageously with the paradoxes of change and resolution efforts. The author indicates the critical role of leader and followers, and of the coevolution of

Author : Alan Boyle
Publisher : OUP Oxford
Page : 368 pages
File Size : 43,65 MB
Release : 2007-02-22
Category : Law
ISBN : 0191021768

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This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

Author : Ingrid Detter Delupis
Publisher : Dartmouth Publishing Company
Page : 622 pages
File Size : 14,6 MB
Release : 1994
Category : International law
ISBN :

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This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.

Author : Nico Krisch
Publisher : Cambridge University Press
Page : 521 pages
File Size : 33,6 MB
Release : 2021-11-11
Category : Law
ISBN : 1108843069

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Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.

Author : Daniel Bradlow
Publisher : BRILL
Page : 322 pages
File Size : 23,27 MB
Release : 2019-12-09
Category : Law
ISBN : 9004417028

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Advocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.

Author : Catharine Titi
Publisher : Oxford University Press
Page : 225 pages
File Size : 11,26 MB
Release : 2021
Category : Law
ISBN : 0198868006

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Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.