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The Public International Law Theory Of Hans Kelsen

Author: Jochen von Bernstorff
Publisher: Cambridge University Press
ISBN: 1139488589
Size: 41.43 MB
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This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

The Power Of Legality

Author: Nikolas M. Rajkovic
Publisher: Cambridge University Press
ISBN: 1316684121
Size: 38.19 MB
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From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.

Theatre Of The Rule Of Law

Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 113949533X
Size: 37.12 MB
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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

Legal Personality In International Law

Author: Roland Portmann
Publisher: Cambridge University Press
ISBN: 1139493221
Size: 39.50 MB
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Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Comparing Law

Author: Catherine Valcke
Publisher: Cambridge University Press
ISBN: 1108470068
Size: 35.34 MB
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Reconstructs existing comparative law scholarship into a coherent analytic framework so as to both fend off current charges of theoretical arbitrariness and guide future work.

Reine Rechtslehre

Author: Hans Kelsen
Publisher: Mohr Siebrek Ek
ISBN: 9783161497032
Size: 20.26 MB
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Die von Hans Kelsen im Jahre 1934 vorgelegte "Reine Rechtslehre" gehört zu den rechtstheoretischen Schlüsselschriften des 20. Jahrhunderts. In ihr entwickelt Kelsen erstmals systematisch seine einerseits das Recht von der Moral, andererseits die Norm vom Faktum konsequent scheidende, ideologiekritische Rechtstheorie. Wer auf der Höhe der Zeit über Struktur und Geltung von Recht und die Eigenart von Rechtswissenschaft, kurz: wer über das Rechtliche am Recht nachdenken will, kommt an der "Reine[n] Rechtslehre" nicht vorbei. Die Erstauflage der "Reine[n] Rechtslehre", die weltweit in rund ein Dutzend Sprachen übersetzt worden ist, wurde in deutscher Sprache mehrfach nachgedruckt, ist indes derzeit vergriffen. Sie wird hier in Gestalt einer Studienausgabe vorgelegt, die am Recht Interessierte zum Hineinlesen ermutigen und zum kritischen Nach- und Weiterdenken einladen möchte.

The Power And Purpose Of International Law

Author: Mary Ellen O'Connell
Publisher: Oxford University Press, USA
ISBN: 0195368940
Size: 38.22 MB
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The world is going through another important transition. International institutions have unquestionably been weakened as the United States works to sort through complicated issues such as the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, and nuclear proliferation. In recent memory, top Bush Administration advisers have spoken and written about the powerlessness of international law and its irrelevance-or worse-for the United States. The worldwide public needs and deserves a more accurate account. In The Power and Purpose of International Law, Mary Ellen O'Connell provides such an account by explaining the purpose of international law and the powers of enforcement it has available to achieve its mission. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. The author argues that these goals can best be realized through international law, which uniquely has the capacity to bind even a superpower. It is also through international law that competing powers and divergent cultures can reach consensus. By exploring the roots of international law, and by looking at specific events in its history, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the claim that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward and reexamines international norms and institutions, it is crucial that both leaders and their citizens understand the true power and purpose of international law, and why humanity has persistently accepted it as true law.