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Author: J. Gillroy
Publisher: Springer
Published: 2013-12-05
Total Pages: 592
ISBN-13: 1137376651
DOWNLOAD EBOOK →The book transcends conventional social scientific method, political theory and its understanding of global governance to make the study of the philosophical essence of the international legal system fully accessible.
Author: Anand Kumar Sethi
Publisher:
Published: 2013
Total Pages:
ISBN-13: 9781306289344
DOWNLOAD EBOOK →Author: Shiping Tang
Publisher: Routledge
Published: 2020-02-26
Total Pages: 249
ISBN-13: 1000039897
DOWNLOAD EBOOK →Tang provides a coherent and systematic exploration of social evolution as a phenomenon and as a paradigm. He critically builds on existing discussions on social evolution, while drawing from a wide range of disciplines, including archaeology, evolutionary anthropology, sociology, economics, political science, the philosophy of social sciences, and evolutionary biology. Clarifying the relationship between biological evolution and social evolution, Tang lays bare the ontological and epistemological principles of the social evolutionary paradigm. He also presents operational principles and tools for deploying this paradigm to understand empirical puzzles about human society. This is a vital resource for students, practitioners, and philosophers of all social sciences.
Author:
Publisher: Martinus Nijhoff Publishers
Published: 2011-11-11
Total Pages: 349
ISBN-13: 9004216057
DOWNLOAD EBOOK →This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.
Author: Jan Klabbers
Publisher: OUP Oxford
Published: 2011-04-07
Total Pages: 414
ISBN-13: 0191615919
DOWNLOAD EBOOK →The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Author: Julian Wyatt
Publisher:
Published: 2019
Total Pages: 0
ISBN-13: 9781509929528
DOWNLOAD EBOOK →"Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever-increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law - including even the oft-cited evolutionary interpretation doctrine - provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law"--
Author: Georges Abi-Saab
Publisher: Bloomsbury Publishing
Published: 2019-09-05
Total Pages: 391
ISBN-13: 1509929908
DOWNLOAD EBOOK →This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
Author: Richard R. Nelson
Publisher: Harvard University Press
Published: 1985-10-15
Total Pages: 456
ISBN-13: 9780674041431
DOWNLOAD EBOOK →This book contains the most sustained and serious attack on mainstream, neoclassical economics in more than forty years. Nelson and Winter focus their critique on the basic question of how firms and industries change overtime. They marshal significant objections to the fundamental neoclassical assumptions of profit maximization and market equilibrium, which they find ineffective in the analysis of technological innovation and the dynamics of competition among firms. To replace these assumptions, they borrow from biology the concept of natural selection to construct a precise and detailed evolutionary theory of business behavior. They grant that films are motivated by profit and engage in search for ways of improving profits, but they do not consider them to be profit maximizing. Likewise, they emphasize the tendency for the more profitable firms to drive the less profitable ones out of business, but they do not focus their analysis on hypothetical states of industry equilibrium. The results of their new paradigm and analytical framework are impressive. Not only have they been able to develop more coherent and powerful models of competitive firm dynamics under conditions of growth and technological change, but their approach is compatible with findings in psychology and other social sciences. Finally, their work has important implications for welfare economics and for government policy toward industry.
Author: Eirik Bjørge
Publisher:
Published: 2014
Total Pages: 241
ISBN-13: 0198716141
DOWNLOAD EBOOK →If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.
