Russian Approaches to International Law

Author: Lauri Mälksoo

Publisher: OUP Oxford

ISBN: 0191034681

Category: Law

Page: 290

View: 2862

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This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.
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Comparative International Law

Author: Anthea Roberts,Paul B. Stephan, III,Pierre-Hugues Verdier,Mila Versteeg

Publisher: Oxford University Press

ISBN: 0190697571

Category: Law

Page: 640

View: 4151

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By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law." This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas. The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives.
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International Law

A Russian Introduction

Author: Valeriĭ Ivanovich Kuznet︠s︡ov,Bakhtii︠a︡r Raisovich Tuzmukhamedov,William Elliott Butler

Publisher: Eleven International Pub

ISBN: N.A

Category: Law

Page: 720

View: 8051

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Originally published in Russian, this highly acclaimed book marks how far Russian doctrine has come since the Soviet era and how it perceives the central challenges of the 21st century for international law and order. It is written by prominent Russian scholars and practitioners in international law. The collective authors are a veritable who's who of international law in Russia, which lends to this volume an authority and a presence in the discipline. This book represents an alternative approach to teaching and thinking about international law, and is a welcome contribution to comparative approaches to international law. A particular strength of the volume is recourse to Russian and Commonwealth of Independent States (former Soviet Republics) practice, including, on occasion, unpublished sources. There is inevitably a Russian "spin" on aspects of international law, conscious and unconscious, that permeates the work and is exceedingly interesting to read. Elements of the Russian legal style are no less informative. Russians do see the world differently from Western colleagues in some respects, and they evaluate the forces and processes, globalization, regionalism, integration, secularism, fragmentation, and competition, perhaps more systemically than most others. These considerations greatly enrich the book. This volume is also the product of an era in Russian life during which the leadership of that country has placed more emphasis and reliance on international law than any Russian government since the time of F. F. Martens. It is an authoritative and comprehensive survey, with its detailed references and extensive indices. Each chapter includes a 'further reading' section.
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The Oxford Handbook of the Theory of International Law

Author: Anne Orford,Martin Clark

Publisher: Oxford University Press

ISBN: 0198701950

Category: Law

Page: 1000

View: 4174

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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features close to fifty original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
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International Law Theories

An Inquiry into Different Ways of Thinking

Author: Andrea Bianchi

Publisher: Oxford University Press

ISBN: 0191038210

Category: Law

Page: 250

View: 3366

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Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
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Is International Law International?

Author: Anthea Roberts

Publisher: Oxford University Press

ISBN: 0190696419

Category: LAW

Page: 406

View: 4122

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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
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The Oxford Handbook of the History of International Law

Author: Bardo Fassbender,Anne Peters,Simone Peter,Daniel Högger

Publisher: Oxford University Press

ISBN: 0199599750

Category: History

Page: 1228

View: 3142

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This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.
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