International Law E-Books Online, Collection 2019, ISBN ; 9789004390843.
This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.
Formatted Contents Note
Essential elements :introduction Thoughts on the impact of theory on international law Important elements in the making of theory Adumbrations of the theoretical adventure Traceability of antecedents to current scholarship Regional and national traditions Self-referential international law and the compelling need to also listen to other's voices Concluding remarks Enduring and new schools, movements and trends : introduction Basic orientations Other approaches Universal, plural, relative Further explorations Sociological aspects of international law theories Concluding remarks 261 Where is the international community or society? Ontological and post-ontological discourses General (or grand) theories of international law and general international law Legal basis of international obligations Legitimacy Compliance Unity and universality Fragmentation The issue of jurisdiction and competence Fictions: international law possibly contains the most ficticious norms than any other legal system Hegemonic power and unilateralism The international dimension of the rule of law Normativity forming an integral part of international law Concluding remarks The "users" of international law : moving beyond doctrinal controversies on "subjects", non-state actors" and "participants" The state International organizations "Individuals" and other private persons Law-making Expanding the products and modes of fabrication Relationship between norms Interpretation Concluding remarks Interrogations and expectations A skeleton meeting of minds Concluding remarks Final conclusions : the choristers' performances.
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Print version: A Landscape of Contemporary Theories of International Law Leiden ; Boston : Brill | Nijhoff, ,