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Conceptual (Re)Constructions of International Law

Conceptual (Re)Constructions of International Law

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781800372993
  • 出版时间 December 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: RM776.63

RM753.33 Save RM23.30 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed.

    Bringing together contributions from expert scholars from a range of disciplines, from philosophy to international law scholars and practitioners, this book contrasts constructive, deconstructive, and reconstructive perspectives of international law. Discussions on the topics are encouraged by eliciting responses from contributors on each other’s work. Throughout the book, chapters provide complementary views of key international legal concepts such as custom, legal interpretation, authority and sovereignty.

    Providing a framework that gives room to different disciplines, Conceptual (Re)Constructions of International Law will be a key resource for practitioners as well as scholars in the fields of legal philosophy, (international) legal theory and public international law.

  • Introduction
    Kostiantyn Gorobets, Andreas Hadjigeorgiou and Pauline Westerman
    PART I. CONSTRUCTING INTERNATIONAL LAW
    1.
    The interaction of doctrine and theory in (international) legal scholarship
    Jörg Kammerhofer
    2. Legal scholarship as design: A comment on Kammerhofer
    Pauline Westerman
    3. The Oxford Jurisprudence Circle: A lost legacy on customary (international) law
    Andreas Hadjigeorgiou
    4. The Oxford Jurisprudence Circle’s lost legacy: Transformational discovery or historical curiosity? Reply
    to Andreas Hadjigeorgiou
    David Lefkowitz
    5. Fragile, nascent, and in critical condition: Dworkin on international law
    David Lefkowitz
    6. Hercules goes abroad: Lefkowitz and Dworkin on the liberal foundations of international law
    Aaron Fichtelberg
    PART II. DECONSTRUCTING INTERNATIONAL LAW
    7. From decay to renewal in international law: Is a philosophy of international law possible?
    Anthony Carty
    8. Are states entities that exist prior to and outside (customary) international law? A reply to Prof. Carty
    Andreas Hadjigeorgiou
    9. Appraisal of diversity in international law: A note on self-serving biases and interdisciplinarity
    Maiko Meguro
    10. On international law on language: observations from constructivism: A reply to Maiko Meguro
    Tamar Megiddo
    11. Opinio juris: test, filter, ideal or map?
    Pauline Westerman
    12. The myth of ‘identification’: Customary international law and international courts
    Maiko Meguro
    PART III. RECONSTRUCTING INTERNATIONAL LAW
    13. Rootless sovereignty: Methods and foundations in International law
    Aaron Fichtelberg
    14. What should be the intellectual tasks of international lawyers in abnormal times? A reply to Aaron Fichtelberg
    Anthony Carty
    15. Peaks and valleys: Contemplating the authority of international law
    Kostiantyn Gorobets
    16. Wherefore ‘authority’? International law and the contest of legal cultures
    Jörg Kammerhofer
    17. International law as a ground for action
    Tamar Megiddo
    18. The individual and its fidelity to international law: a kaleidoscope – Reply to Tamar Megiddo
    Panos Merkouris
    19. The ‘correct interpretation’ premise in international adjudication
    Panos Merkouris
    20. Chasing the ‘correct interpretation’: Reply to Panos Merkouris
    Kostiantyn Gorobets

    Index

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