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This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .
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 pe...
The dominant conceptions of development and the right thereto have been confined to narrow, sectoral interpretations focusing on economic matrices and collective entities such as the state or peoples. This book delimits these key notions of the public order of the 21st century in an entirely new fashion. Drawing on fundamental precepts of policy-oriented jurisprudence, this book offers a comprehensive and systematic study and redefinition of development and the right to development guided by the goal of maximum access by all to the processes of shaping and sharing of all things humans value, including, empirically, aspirations to power, wealth, well-being, affection, enlightenment, skills, respect, and rectitude. This new paradigm of development offers fertile ground for legal and policy responses designed to bring about a public order of human dignity in all parts of the planet. The book was awarded the Society of Policy Scientists 2012 Harold D. Lasswell Prize.
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.The result is a volume of outstanding scholarship that will appeal to all those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.
An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international leg...
This book offers a critique of the principal contemporary approaches to international law alongside its own novel perspectives.
This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations; disciplines that have engaged little with one another since the Second World War. Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena. International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantl...
The Right to Self-Determination in the South Caucasus: Nagorno Karabakh in Context, by Bahruz Balayev, is a unique tool for scholars, researchers and public on understanding South Caucasus regional conflicts from the New Heaven School perspective. Balayev explores important subjects in the South Caucasus region, including Soviet self-determination psychology and laws, ideas of consociational democracy, and the right to self-determination in general.
The boundaries of the international order's pluralism remain variable, and relative convergences in both values and interests over time have led to the broadening of exceptions to sovereign prerogative, such as jus cogens, universal jurisdiction, and humanitarian intervention. With little prospect of these long term trends diminishing in either momentum or scope, this book weighs in to consider the enduring importance of sovereignty.