The Liberal-Welfarist Law of Nations

The Liberal-Welfarist Law of Nations PDF

Author: Emmanuelle Jouannet

Publisher:

Published: 2014-05-14

Total Pages: 328

ISBN-13: 9781139224932

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Although portrayed as a liberal law of co-existence of and co-operation between states, international law has always been a welfarist law, too. Emerging in eighteenth-century Europe, it soon won favour globally. Not only did it minister to the interests of states and their concern for stability, but it was also an interventionist law designed to ensure the happiness and well-being of peoples. Hence international law initially served as a secularised eschatological model, replacing the role of religion in ensuring the proper ordering of mankind, which was held to be both one and divided. That initial vision still drives our post-Cold War globalised world. Contemporary international law is neither a strictly welfarist law nor a strictly liberal law, but is in fact a liberal-welfarist law. In the conjunction of these two purposes lies one of the keys to its meaning and a partial explanation for its continuing ambivalence.

The Liberal-Welfarist Law of Nations

The Liberal-Welfarist Law of Nations PDF

Author: Emmanuelle Jouannet

Publisher: Cambridge University Press

Published: 2012-01-26

Total Pages: 327

ISBN-13: 1107379539

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Although portrayed as a liberal law of co-existence of and co-operation between states, international law has always been a welfarist law, too. Emerging in eighteenth-century Europe, it soon won favour globally. Not only did it minister to the interests of states and their concern for stability, but it was also an interventionist law designed to ensure the happiness and well-being of peoples. Hence international law initially served as a secularised eschatological model, replacing the role of religion in ensuring the proper ordering of mankind, which was held to be both one and divided. That initial vision still drives our post-Cold War globalised world. Contemporary international law is neither a strictly welfarist law nor a strictly liberal law, but is in fact a liberal-welfarist law. In the conjunction of these two purposes lies one of the keys to its meaning and a partial explanation for its continuing ambivalence.

The Liberal-Welfarist Law of Nations

The Liberal-Welfarist Law of Nations PDF

Author: Emmanuelle Jouannet

Publisher: Cambridge University Press

Published: 2012-01-26

Total Pages: 327

ISBN-13: 1107018943

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Emmanuelle Jouannet explores the concept of international law from the European Enlightenment to the post-Cold War world.

A Short Introduction to International Law

A Short Introduction to International Law PDF

Author: Emmanuelle Tourme Jouannet

Publisher: Cambridge University Press

Published: 2014-11-13

Total Pages: 135

ISBN-13: 1316124061

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In our globalised world the sources and actors of international law are many and its growth prolific and disorderly. International law governs the actions of states on matters as long-established as diplomatic immunity or as recent as the War on Terror, and it now impacts upon the lives of ordinary citizens in areas as diverse as banking and investment, public health and the protection of the environment. In this accessible introduction Emmanuelle Tourme Jouannet explains the latest developments in international law in the light of its history and culture, presenting it as an instrument both for dominance and for change that adjusts and balances the three pillars of the United Nations Charter: the prohibition of the use of force; economic, social and sustainable development; and human rights.

The Law of Nations and Natural Law 1625–1800

The Law of Nations and Natural Law 1625–1800 PDF

Author: Simone Zurbuchen

Publisher: BRILL

Published: 2019-11-26

Total Pages: 347

ISBN-13: 9004384200

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The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.

Locating Nature

Locating Nature PDF

Author: Usha Natarajan

Publisher: Cambridge University Press

Published: 2022-09-29

Total Pages: 724

ISBN-13: 1108753531

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For those troubled by environmental harm on a global scale and its deeply unequal effects, this book explains how international law structures ecological degradation and environmental injustice while claiming to protect the environment. It identifies how central legal concepts such as sovereignty, jurisdiction, territory, development, environment, labour and human rights make inaccurate and unsustainable assumptions about the natural world and systemically reproduce environmental degradation and injustice. To avert socioecological crises, we must not only unpack but radically rework our understandings of nature and its relationship with law. We propose more sustainable and equitable ways to remake law's relationship with nature by drawing on diverse disciplines and sociocultural traditions that have been marginalized within international law. Influenced by Third World Approaches to International Law (TWAIL), postcolonialism and decoloniality, and inspired by Indigenous knowledges, cosmology, mythology and storytelling, this book lays the groundwork for an epistemological shift in the way humans conceptualize the relationship between law and nature.

The Oxford Handbook of the Sources of International Law

The Oxford Handbook of the Sources of International Law PDF

Author: Jean d'Aspremont

Publisher: Oxford University Press

Published: 2017-10-19

Total Pages: 900

ISBN-13: 0191062545

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The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

International Law

International Law PDF

Author: Malcolm N. Shaw

Publisher: Cambridge University Press

Published: 2017-09-14

Total Pages: 1123

ISBN-13: 1316991741

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International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

Regime Accommodation in International Law

Regime Accommodation in International Law PDF

Author: Heejin Kim

Publisher: BRILL

Published: 2016-08-04

Total Pages: 381

ISBN-13: 9004325514

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Regime Accommodation in International Law: Human Rights in International Economic Law and Policy provides an analysis of multidimensional conflict between two specialized regimes. The author examines how decision-makers at different stages of international economic policy-making can address and accommodate human rights in a better way.

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