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The Fluid State was cited by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are:How do perceptions of international law d...
Understanding the global security environment and delivering the necessary governance responses is a central challenge of the 21st century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today's complex and highly dynamic global security environment? Which concepts of security are anchored in international law? How is the global security environment shaping international law, and how is international law in turn influencing other normative frameworks? The Oxford Handbook of the International Law of Global Security provides a ground-breaking overview of the relationship be...
This book explores the origins, interpretations and meanings of the term 'biosecurity'. It brings together contributors on issues relating to the perceptions of the threat of biological weapons and how states are responding, or not, to the challenges posed by the potential of the products of the life sciences to be used for destructive purposes.
This innovative study presents a genealogy of modern comparative law, examining both theory and practice around the world.
The first modern study of the law governing the external exercise of public power in the UK and the Commonwealth.
The Chemical Weapons Convention entered into force on 29 April 1997. This text reviews the history of the chemical weapons negotiations and presents an analysis of the major features of the Convention.
Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.
A history of modern international commercial arbitration theory and practice from the eighteenth century to the present day.
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
Janet McLean explores how British legal thought has imagined the state and the public sphere since 1832.