asil studies in international legal theory

International Law as Behavior

作者：Harlan Grant Cohen 出版社：Cambridge Univ Pr 出版日：2020/10/31 裝訂：精裝

This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a particular international law topic by drawing from a variety of fields through a multi-method approach to highlight how these fields may come together in a single project. Still others use behavioral insights as a form of critique to highlight the blind spots and related mistakes in more traditional analyses of the law. Throughout this volume, authors present creative, insightful, challenges to traditional international law scholarship.

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2.

The Role of Ethics in International Law

作者：Donald Earl Childress; III 出版社：Cambridge Univ Pr 出版日：2011/11/14 裝訂：精裝

The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

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3.

States, Firms, and Their Legal Fictions：Attributing Identity and Responsibility to Artificial Entities

作者：Durkee; Melissa J. (Washington University; St Louis) 出版社：Cambridge University Press 出版日：2024/02/29 裝訂：精裝

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The Future of International Law ― Global Government

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4.

The Future of International Law ― Global Government

作者：Joel P. Trachtman 出版社：Cambridge Univ Pr 出版日：2014/05/08 裝訂：平裝

The world is changing rapidly and there are increasing calls for international and legal responses. Social changes in areas such as globalization, development, demography, democratization and technology are growing in importance for both citizens and states. Over time this will be reflected in international law and organizational structures, which will have more prominence in governmental functions. In this sense the future of international law is global government. This book draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of global concern and predicts that a more extensive, powerful and varied international legal system will be needed to cope with future opportunities and challenges.

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定價：1689 元，優惠價：9 1520

Parochialism, Cosmopolitanism, and the Foundations of International Law

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5.

Parochialism, Cosmopolitanism, and the Foundations of International Law

作者：M. N. S. Sellers 出版社：Cambridge Univ Pr 出版日：2014/08/21 裝訂：平裝

This book examines the boundary between parochial and cosmopolitan justice. Parochialism and cosmopolitanism are two faces of international law, which recognizes our common humanity by protecting us in our differences. Essays in this book ask to what extent law should recognize or support the political, historical, cultural and economic differences among nations. Nine lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions or heightened duties under international law. Contributors draw the line between international law, national jurisdiction and the private autonomy of persons.

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定價：1689 元，優惠價：9 1520

6.

Theoretical Boundaries of Armed Conflict and Human Rights

作者：Jens David Ohlin 出版社：Cambridge Univ Pr 出版日：2016/07/07 裝訂：精裝

In the last two decades, human rights law has played an expanding role in the legal regulation of wartime conduct. In the process, human rights law and international humanitarian law have developed a complicated sibling relationship. For some, this relationship is viewed as a mutually reinforcing effort between like-minded regimes designed to civilize human behavior. For others, the relationship is a more complicated sibling rivalry. In this book, an unparalleled collection of legal theorists examine the relationship between these two bodies of law. Each chapter skilfully maps the possibilities of harmonization while, at the same time, raising cautionary flags about the limits of that project. The authors not only chart the existing state of the law, but also debate the normative implications of the continuing influence of human rights norms on current practices including torture, targeted killings, the conduct of non-international armed conflicts, and post-war state building.

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7.

Human Rights in Emergencies

作者：Evan J. Criddle 出版社：Cambridge Univ Pr 出版日：2017/05/11 裝訂：平裝

Public emergencies such as civil wars, natural disasters, and economic crises test the theoretical and practical commitments of international human rights law. During national crises, international law permits states to suspend many human rights protections in order to safeguard national security. States frequently overstep the limits of this authority, violating even peremptory human rights such as the prohibitions against torture and prolonged arbitrary detention. In this volume, leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights, and they explain how the law seeks to protect human rights during emergencies. The contributors also evaluate the law's successes and failures, and offer new proposals for strengthening respect for human rights.

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定價：1689 元，優惠價：9 1520

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8.

The Theory of Self-determination

作者：Fernando R. Tesón 出版社：Cambridge Univ Pr 出版日：2017/05/11 裝訂：平裝

When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations.

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定價：1624 元，優惠價：9 1462

Jus Post Bellum and Transitional Justice

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9.

Jus Post Bellum and Transitional Justice

作者：Larry May 出版社：Cambridge Univ Pr 出版日：2015/08/06 裝訂：平裝

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.

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定價：1949 元，優惠價：9 1754

10.

Negotiating State and Non-state Law ─ The Challenge of Global and Local Legal Pluralism

作者：Michael A. Helfand 出版社：Cambridge Univ Pr 出版日：2015/02/28 裝訂：精裝

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

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11.

Rethinking the Relationship between International, EU and National Law：Consent-Based Monism

作者：Lando Kirchmair (Bundeswehr University Munich) 出版社：Cambridge University Press 出版日：2024/01/31 裝訂：精裝

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12.

Normative Pluralism and International Law ― Exploring Global Governance

作者：Jan Klabbers 出版社：Cambridge Univ Pr 出版日：2013/04/22 裝訂：精裝

This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.

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13.

Normative Pluralism and International Law ― Exploring Global Governance

作者：Jan Klabbers 出版社：Cambridge Univ Pr 出版日：2014/10/30 裝訂：平裝

This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.

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定價：1559 元，優惠價：9 1403

14.

The Theory of Self-determination

作者：Fernando R. Tesón 出版社：Cambridge Univ Pr 出版日：2016/03/25 裝訂：精裝

When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations.

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02-25006600[分機130、131]。

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15.

The Role of Ethics in International Law

作者：Donald Earl Childress; III 出版社：Cambridge Univ Pr 出版日：2014/06/26 裝訂：平裝

The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

無庫存，下單後進貨(到貨天數約45-60天)

定價：1689 元，優惠價：9 1520

16.

The Future of International Law ― Global Governance

作者：Joel P. Trachtman 出版社：Cambridge Univ Pr 出版日：2013/02/25 裝訂：精裝

The world is changing rapidly and there are increasing calls for international and legal responses. Social changes in areas such as globalization, development, demography, democratization and technology are growing in importance for both citizens and states. Over time this will be reflected in international law and organizational structures, which will have more prominence in governmental functions. In this sense the future of international law is global government. This book draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of global concern and predicts that a more extensive, powerful and varied international legal system will be needed to cope with future opportunities and challenges.

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17.

Global Justice and International Economic Law

作者：Chi Carmody 出版社：Cambridge Univ Pr 出版日：2012/01/31 裝訂：精裝

Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the WTO, states have continued to develop institutions and legal infrastructure to promote global interdependence. International lawyers are experts in understanding how these institutions operate in practice, but they tend to uncritically accept comparative advantage as the principal normative criterion to justify these institutions. In contrast, moral and political philosophers have developed accounts of global justice, but these accounts have had relatively little influence on international legal scholarship and on institutional design. This volume reflects the results of a symposium held at Tillar House, the American Society of International Law headquarters in Washington, DC, in November 2008, which brought together philosophers, legal scholars and economists to discuss the problems of understanding international economic law from the standpoints of rights and justice, in particular

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18.

The New Global Law

作者：Rafael Domingo 出版社：Cambridge Univ Pr 出版日：2011/08/31 裝訂：平裝

The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

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定價：1624 元，優惠價：9 1462

19.

Theories of International Responsibility Law Theories of International Responsibility Law

作者：Besson; Samantha (College de France; Paris) 出版社：Cambridge University Press 出版日：2022/09/30 裝訂：精裝

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20.

Theoretical Boundaries of Armed Conflict and Human Rights

作者：Jens David Ohlin 出版社：Cambridge Univ Pr 出版日：2017/11/23 裝訂：平裝

In the last two decades, human rights law has played an expanding role in the legal regulation of wartime conduct. In the process, human rights law and international humanitarian law have developed a complicated sibling relationship. For some, this relationship is viewed as a mutually reinforcing effort between like-minded regimes designed to civilize human behavior. For others, the relationship is a more complicated sibling rivalry. In this book, an unparalleled collection of legal theorists examine the relationship between these two bodies of law. Each chapter skilfully maps the possibilities of harmonization while, at the same time, raising cautionary flags about the limits of that project. The authors not only chart the existing state of the law, but also debate the normative implications of the continuing influence of human rights norms on current practices including torture, targeted killings, the conduct of non-international armed conflicts, and post-war state building.

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定價：2014 元，優惠價：9 1813

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International Law as Behavior

The Role of Ethics in International Law

States, Firms, and Their Legal Fictions：Attributing Identity and Responsibility to Artificial Entities

The Future of International Law ― Global Government

Parochialism, Cosmopolitanism, and the Foundations of International Law

Theoretical Boundaries of Armed Conflict and Human Rights

Human Rights in Emergencies

The Theory of Self-determination

Jus Post Bellum and Transitional Justice

Negotiating State and Non-state Law ─ The Challenge of Global and Local Legal Pluralism

Rethinking the Relationship between International, EU and National Law：Consent-Based Monism

Normative Pluralism and International Law ― Exploring Global Governance

Normative Pluralism and International Law ― Exploring Global Governance

The Theory of Self-determination

The Role of Ethics in International Law

The Future of International Law ― Global Governance

Global Justice and International Economic Law

The New Global Law

Theories of International Responsibility Law Theories of International Responsibility Law

Theoretical Boundaries of Armed Conflict and Human Rights