Ius Doni in International Law and EU Law


Book Description

In Ius Doni in International Law and EU Law, Dr. Christian H. Kälin establishes the concept of ius doni in the contemporary legal and political theorising of citizenship. Providing a comprehensive analysis of the subject, the book discusses the legal and political concepts of citizenship. It also introduces a new term for what is already an increasingly common and accepted practice of granting citizenship on the basis of substantial contributions to the State. Consisting of two main parts – law and practice – the monograph analyses the ius doni concept in both international law and EU law, further tests its application in practice and establishes best practices among states. Finally, the book discusses the conceptual and practical implications for citizenship.




International Law and History


Book Description

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.




International Law and Universality


Book Description

This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.




Rights and Civilizations


Book Description

Rights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples (in the early modern age), Western 'civil' peoples (in the nineteenth century), and 'developed' peoples (at the beginning of the twentieth century), and now to democratic Western peoples. In outlining this history and discourse, the book shows that, while the Western conception may style itself as universal, it is in fact relative. This comes out by bringing the Western civilization into comparison with others, mainly the Islamic one, suggesting the need for an 'intercivilizational' approach to international law.




Progress in International Law


Book Description

Progress in International Law is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book Progress in International Organization, Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. Progress in International Law critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.




The Oxford Handbook of the History of International Law


Book Description

This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.




Routledge Handbook of International Law


Book Description

The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field. This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections: The Nature of International Law including the interaction between the disciplines of International Law and International Relations The Evolution of International Law progressing from the ancient world to present day. Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by "new terrorism". A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.




Intervention in Civil Wars


Book Description

This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.




Imperfect Cosmopolis


Book Description

In current debates, the term "cosmopolitanism" often remains quite vague and leads to sweeping generalizations. this book looks at the notion from a decidedly historical perspective, trying to give depth and texture to the concept.




Against Massacre


Book Description

Against Massacre looks at the rise of humanitarian intervention in the nineteenth century, from the fall of Napoleon to the First World War. Examining the concept from a historical perspective, Davide Rodogno explores the understudied cases of European interventions and noninterventions in the Ottoman Empire and brings a new view to this international practice for the contemporary era. While it is commonly believed that humanitarian interventions are a fairly recent development, Rodogno demonstrates that almost two centuries ago an international community, under the aegis of certain European powers, claimed a moral and political right to intervene in other states' affairs to save strangers from massacre, atrocity, or extermination. On some occasions, these powers acted to protect fellow Christians when allegedly "uncivilized" states, like the Ottoman Empire, violated a "right to life." Exploring the political, legal, and moral status, as well as European perceptions, of the Ottoman Empire, Rodogno investigates the reasons that were put forward to exclude the Ottomans from the so-called Family of Nations. He considers the claims and mixed motives of intervening states for aiding humanity, the relationship between public outcry and state action or inaction, and the bias and selectiveness of governments and campaigners. An original account of humanitarian interventions some two centuries ago, Against Massacre investigates the varied consequences of European involvement in the Ottoman Empire and the lessons that can be learned for similar actions today.