Cynical international law? : abuse and circumvention in public international and European law / Björnstjern Baade, Dana Burchardt, Prisca Feihle, Alicia Köppen, Linus Mührel, Lena Riemer, Raphael Schäfer, editors.
2021
KZ1257 .C95 (Mapit)
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Title
Cynical international law? : abuse and circumvention in public international and European law / Björnstjern Baade, Dana Burchardt, Prisca Feihle, Alicia Köppen, Linus Mührel, Lena Riemer, Raphael Schäfer, editors.
Added Author
Imprint
Berlin : Springer, [2021]
Copyright
©2021
Description
xvi, 369 pages : some illustrations (partly color) ; 24 cm.
Series
Beiträge zum ausländischen öffentlichen Recht und Völkerrecht ; v.296.
Formatted Contents Note
How (Not) to Be Cynical in International Law
1. Cynical foundations of international law. Cynicism and the Autonomy of International Law / Theresa Reinold
Beyond Cynicism and Critique: International Law and the Possibility of Change / Gabriel M. Lentner
Cynicism as a Modus of Political Agency: Can It Speak to International Law? / Hengameh Saberi
2. Cynical actors in international law. The International Law Commission as a Club of Cynics? Originalism and Legalism in the Commission's Contemporary Wor / Konstantin Kleine
The Added Value of the International Law Commission and Its Future Role in the Progressive Development and Codification of International Law / Patrícia Galvão Teles
From Speaking Truth to Power to Speaking Power's Truth: Transnational Judicial Activism in an Increasingly Illiberal World / Daniel Quiroga-Villamarín
From Judicialisation to Politicisation? A Response to Daniel Quiroga-Villamarín by an Academic Turned Practitioner / Andreas Paulus
Oceans of Cynicism? Norm-Genesis, Lawfare and the South China Sea Arbitration Case / Christian Pogies
Peace Through Law? The Role of the Law of the Sea Convention Put into Question / Nele Matz-Lück
3. Cynicism in European law and sub-fields of public international law. Assessing the Strategic Use of the EU Preliminary Ruling Procedure by National Courts / Jesse Claassen
In International Law We (Do Not) Trust: The Persistent Rejection of Economic and Social Rights as a Manifestation of Cynicism / Caroline Omari Lichuma
In International Law We Shall Trust: (Even in) The Case of Economic and Social Rights / Dominik Steiger
All Is Fair in Law and War? Legal Cynicism in the Israeli-Palestinian Conflict / Shiri Krebs
Cynicism? Yes, Please! Embracing Cynicism at the International Criminal Court / Elisabeth Baier
4. Cynicism and abuse of rights. Abuse of Right in International Law: A Roman Law Analogy / Andrea Faraci and Luigi Lonardo
Abuse of Rights: From Roman Law to International Law? Comments on the Contribution by Andrea Faraci and Luigi Lonardo / Helmut Philipp Aust
Cynicism and Nationality Planning in International Investment Law / Philipp Janig
(New) Ways of Combating Abuse and Circumvention of European Law on the Example of Tax Evasion and Tax Avoidance / Helene Hayden
5. Concluding observations. Cynicism as an Analytical Lense for International Law? Concluding Observations / Heike Krieger.
1. Cynical foundations of international law. Cynicism and the Autonomy of International Law / Theresa Reinold
Beyond Cynicism and Critique: International Law and the Possibility of Change / Gabriel M. Lentner
Cynicism as a Modus of Political Agency: Can It Speak to International Law? / Hengameh Saberi
2. Cynical actors in international law. The International Law Commission as a Club of Cynics? Originalism and Legalism in the Commission's Contemporary Wor / Konstantin Kleine
The Added Value of the International Law Commission and Its Future Role in the Progressive Development and Codification of International Law / Patrícia Galvão Teles
From Speaking Truth to Power to Speaking Power's Truth: Transnational Judicial Activism in an Increasingly Illiberal World / Daniel Quiroga-Villamarín
From Judicialisation to Politicisation? A Response to Daniel Quiroga-Villamarín by an Academic Turned Practitioner / Andreas Paulus
Oceans of Cynicism? Norm-Genesis, Lawfare and the South China Sea Arbitration Case / Christian Pogies
Peace Through Law? The Role of the Law of the Sea Convention Put into Question / Nele Matz-Lück
3. Cynicism in European law and sub-fields of public international law. Assessing the Strategic Use of the EU Preliminary Ruling Procedure by National Courts / Jesse Claassen
In International Law We (Do Not) Trust: The Persistent Rejection of Economic and Social Rights as a Manifestation of Cynicism / Caroline Omari Lichuma
In International Law We Shall Trust: (Even in) The Case of Economic and Social Rights / Dominik Steiger
All Is Fair in Law and War? Legal Cynicism in the Israeli-Palestinian Conflict / Shiri Krebs
Cynicism? Yes, Please! Embracing Cynicism at the International Criminal Court / Elisabeth Baier
4. Cynicism and abuse of rights. Abuse of Right in International Law: A Roman Law Analogy / Andrea Faraci and Luigi Lonardo
Abuse of Rights: From Roman Law to International Law? Comments on the Contribution by Andrea Faraci and Luigi Lonardo / Helmut Philipp Aust
Cynicism and Nationality Planning in International Investment Law / Philipp Janig
(New) Ways of Combating Abuse and Circumvention of European Law on the Example of Tax Evasion and Tax Avoidance / Helene Hayden
5. Concluding observations. Cynicism as an Analytical Lense for International Law? Concluding Observations / Heike Krieger.
Summary
Analysing international law through the prism of "cynicism" makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Electronic version: Cynical international law? Berlin, Germany : Springer, [2021]
Call Number
KZ1257 .C95
Language
English
ISBN
9783662621271 hardbound
3662621274
3662621274
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