当前货币:HKD

您的购物车中没有商品。

A Landscape of Contemporary Theories of International Law

A Landscape of Contemporary Theories of International Law

  • 作者:
  • 出版商: Brill Nijhoff
  • ISBN: 9789004385351
  • 出版时间 September 2019
  • 规格: Hardback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
¥4,775.76
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landsacpe of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and scrutinizeas how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.

  • Preface: The Choir Group
    Part 1 - Essential Elements:
    1. Introduction
     1.1 Theories about Theory
     1.2 Theories of or about International Law
    2. Thoughts on the Impact of Theory on International Law
    3. Important Elements in the Making of Theory
     3.1 Ideology
     3.2 Polysemy of Terms and Concepts: The Role of Language
     3.3 Limits and Limitations of Theory
     3.4 History and Histories of International Law
     3.5 Methodology and Methods
     3.6 International and Domestic Law: Incorporation, Transformation, Coordination, Order of Execution, Adaptation, Approximation, Fusion, Direct Effect, and Resistance
      3.6.1 Subsidiarity
      3.6.2 Inter-judicial Dialogue
      3.6.3 Legal Pluralism from the Viewpoint of the Relationship between International and Domestic Law
     3.7 International Legal Theory and Technical and Scientific Expertise
    4. Adumbrations of the Theoretical Adventure
     4.1 Some Characteristics
     4.2 Difficulties in the Assortment of Theorists in Schools and Movements
    5. Traceability of Antecedents to Current Scholarship
     5.1 Introduction
     5.2 The Swing between the Two Mainstream Theories
     5.3 Natural Law
     5.4 Positivism(s)
     5.5 Responses to Traditional Voluntarist Positivism
     5.6 Normativism (a System Governed by Legal Norms)
     5.7 Aspects of the Sociological Underpinnings of International Law
      5.7.1 European Scholarship with “Sociological” Inspiration
      5.7.2 American “Exceptionalism”
      5.7.3 Singularities of the Soviet Doctrine (1922–1989)
    6. Regional and National Traditions: Prolegomena to the Present (from the End of the Second World War to the 1970s)
     6.1 Introduction
     6.2 Overview of Theories after the Second World War
      6.2.1 Europe
      6.2.2 United States. Traditional, but also “What Seems Almost Evident [Is] the Difference between You and Me”
      6.2.3 Latin America
      6.2.4 Africa
      6.2.5 Asia
    7. Self-referential International Law and the Compelling Need to Also Listen to Others’ Voices
    8. Concluding Remarks
    Part 2 - Enduring and New Schools, Movements and Trends:
    9. Introduction
    10. Basic Orientations
     10.1 The Liberal Agendas
     10.2 The Positivist Stronghold
     10.3 Renovated, Expressly Stated, Hidden or Inherited Naturalism
     10.4 Realism
     10.5 Idealism
     10.6 Rationalism and Rationality
     10.7 Pragmatism
     10.8 Empiricism
     10.9 Formalism
    11. Other Approaches
     11.1 Modernity, Modernism and Post-modernism
     11.2 Policy-Oriented Theory, Perspective or Jurisprudence
     11.3 Structuralism and Post-structuralism
     11.4 Constructivism
     11.5 Deconstruction
     11.6 Critical International Legal Studies
     11.7 Third World Approaches to International Law ( twail )
     11.8 The Feminist Presence
     11.9 Functionalism and Institutionalism
      11.9.1 Functionalism
      11.9.2 Institutionalism in Its Double Sense
     11.10 Instrumentalism
     11.11 International Regime Theories
    12. Universal, Plural, Relative
     12.1 Legal Cosmopolitanism
     12.2 Constitutionalism and the “Constitutionalization” of International Law
     12.3 Legal Pluralism
     12.4 Legal Relativism and Relativity
     12.5 Role Splitting
    13. Further Explorations
     13.1 Law and Economics or Rational Choice Approaches to International Law
     13.2 General Systems Theory ( gst ) or Systemic Theory (ST)
     13.3 A Place for Chaos Theory
     13.4 Current Marxist, Neo-Marxist and Leninist Approaches
     13.5 Moving in a “Middle Road”
    14. Sociological Aspects of International Law Theories
    15. Concluding Remarks
    Part 3 - Connecting More Writings to Theory:
    SECTION I - The International Legal System: Important Issues
    16. Where is the International Community or Society?
     16.1 Evolving Views
    17. Ontological and Post-ontological Discourses
     17.1 “International Law as Law”
     17.2 Mature or Primitive Law
     17.3 Discontent
     17.4 Law and Crisis
    18. General (or Grand) Theories of International Law and General International Law
     18.1 In Search of a Current Specimen of General Theory
     18.2 General International Law: The Parameters
    19. Legal Basis of International Obligations
    20. Legitimacy
    21. Compliance
    22. Unity and Universality
     22.1 Unity
     22.2 Universality
    23. Fragmentation
     23.1 Siblings of Fragmentation: Self-contained or Special Regimes
     23.2 Cohesion of Special Regimes or Subsystems
    24. The Issue of Jurisdiction and Competence
    25. Fictions
    26. Hegemonic Power and Unilateralism
    27. The International Dimension of the Rule of Law
    28. Normativity Forming an Integral Part of International Law
     28.1 The Safe Port of Human Rights
     28.2 Non-use and Use of Force
     28.3 International Humanitarian Law ( ihl )
     28.4 The Economy: No More a Passing Silhouette
    29. Concluding Remarks
    SECTION II - Flashes about the Addressees, the Fabrication and Operation of International Law
    A. The Addressees of International Law
    30. The “Users” of International Law: Moving beyond Doctrinal Controversies on “Subjects”, “Non-state Actors” and “Participants”
    31. The State
     31.1 The Concept
     31.2 Creation and Recognition
     31.3 Sovereignty
     31.4 International Legal Personality
     31.5 Equality
     31.6 Territory
     31.7 State Immunity/Immunities
     31.8 Responsibility
     31.9 Liability
     31.10 Self-determination
     31.11 Secession
     31.12 Succession
     31.13 Statehood and “One Size Fits All” Approaches
    32. International Organizations
     32.1 Role and Legal Status
     32.2 Responsibility and Accountability of International Organizations. A Story of Loopholes
    33. “Individuals” and Other Private Persons
     33.1 An Unfinished Symphony
     33.2 Non-governmental Organizations ( ngo ?s) and the International Civil Society
    B. Aspects of the Fabrication and Operation of International Law
    34. Law-Making
     34.1 Producers
     34.2 Main Products and Modes of Fabrication
      34.2.1 Customary International Law
      34.2.2 Treaties
      34.2.3 General Principles of Law
    35. Expanding the Products and Modes of Fabrication
     35.1 Soft Law
     35.2 Standards
     35.3 A Converging Category: Transnational Law
    36. Relationship between Norms
     36.1 Hierarchy of Norms
     36.2 The Intertwined Duo of Jus Cogens and Obligations Erga Omnes
      36.2.1 Jus Cogens
      36.2.2 Obligations Erga Omnes
     36.3 Successive, Parallel and Contradictory Commitments. The Issue of Transtextuality
    37. Interpretation
    38. Concluding Remarks
    SECTION III - Widening the Discourse
    39. Interrogations and Expectations
     39.1 Progress and “Progressive Development”
     39.2 Democracy
     39.3 The Eternal Quest for Ethics and Morality
     39.4 Fluctuations on Justice Stemming from International Law
     39.5 Globalization
     39.6 Governance and Global Administrative Law
     39.7 International Law and Politics
     39.8 International Environmental Law
    40. A Skeleton Meeting of Minds
     40.1 Attempts for a Dialogue between International Law and International Relations (IR) Theories
     40.2 General Theories of Law and Political Science Touching on International Law
      40.2.1 General Theories of Law
      40.2.2 Other Doctrines Addressing Questions Related to International Law
    41. Concluding Remarks
    42. Final Conclusions: The Choristers’ Performances
    Index of Authors
    Index of Subjects

你可能需要

The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: ¥517.94

¥502.40 Save ¥15.54 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
¥3,420.66
Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: ¥1,297.20

¥1,258.28 Save ¥38.92 (3%)

Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)
Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)

List Price: ¥3,290.00

¥3,191.30 Save ¥98.70 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: ¥3,365.20

¥3,264.24 Save ¥100.96 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: ¥2,143.20

¥2,078.90 Save ¥64.30 (3%)

Butterworths Hong Kong Company Law Handbook, 26th Edition
Butterworths Hong Kong Company Law Handbook, 26th Edition

List Price: ¥4,136.00

¥4,011.92 Save ¥124.08 (3%)

Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition
Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition

List Price: ¥1,955.20

¥1,896.54 Save ¥58.66 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: ¥2,350.00

¥2,279.50 Save ¥70.50 (3%)

Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)

List Price: ¥3,006.12

¥2,915.94 Save ¥90.18 (3%)

Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)

List Price: ¥2,672.42

¥2,592.25 Save ¥80.17 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: ¥462.48

¥448.61 Save ¥13.87 (3%)

Private Equity in Hong Kong and China, 4th Edition
Private Equity in Hong Kong and China, 4th Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Brooke's Notary Hong Kong, 3rd Edition
Brooke's Notary Hong Kong, 3rd Edition

List Price: ¥1,598.00

¥1,550.06 Save ¥47.94 (3%)

Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition
Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition

List Price: ¥1,974.00

¥1,914.78 Save ¥59.22 (3%)