asil studies in international legal theory

1.States, Firms, and Their Legal Fictions：Attributing Identity and Responsibility to Artificial Entities

作者：Durkee; Melissa J. (Washington University; St Louis) 出版社：Cambridge University Press 出版日：2024/02/29 裝訂：精裝

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2.The Authority of International Criminal Law：A Controversial Concept

作者：Clare Frances Moran (University of Aberdeen) 出版社：Cambridge University Press 出版日：2023/07/31 裝訂：精裝

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3.Human Dignity in International Law

作者：Ginevra Le Moli 出版社：Cambridge Univ Pr 出版日：2021/11/30 裝訂：精裝

Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

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4.Human Rights in Emergencies

作者：Evan J. Criddle 出版社：Cambridge Univ Pr 出版日：2016/07/01 裝訂：精裝

Public emergencies such as civil wars, natural disasters, and economic crises test the theoretical and practical commitments of international human rights law. During national crises, international law permits states to suspend many human rights protections in order to safeguard national security. States frequently overstep the limits of this authority, violating even peremptory human rights such as the prohibitions against torture and prolonged arbitrary detention. In this volume, leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights, and they explain how the law seeks to protect human rights during emergencies. The contributors also evaluate the law's successes and failures, and offer new proposals for strengthening respect for human rights.

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5.Theoretical Boundaries of Armed Conflict and Human Rights

作者：Jens David Ohlin 出版社：Cambridge Univ Pr 出版日：2016/07/07 裝訂：精裝

In the last two decades, human rights law has played an expanding role in the legal regulation of wartime conduct. In the process, human rights law and international humanitarian law have developed a complicated sibling relationship. For some, this relationship is viewed as a mutually reinforcing effort between like-minded regimes designed to civilize human behavior. For others, the relationship is a more complicated sibling rivalry. In this book, an unparalleled collection of legal theorists examine the relationship between these two bodies of law. Each chapter skilfully maps the possibilities of harmonization while, at the same time, raising cautionary flags about the limits of that project. The authors not only chart the existing state of the law, but also debate the normative implications of the continuing influence of human rights norms on current practices including torture, targeted killings, the conduct of non-international armed conflicts, and post-war state building.

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6.Concepts of International Law in Europe and the United States

作者：Chiara Giorgetti 出版社：Cambridge Univ Pr 出版日：2021/03/31 裝訂：精裝

On a variety of international legal matters, relations between the US and European countries are evolving and even diverging. In an ever-changing world, understanding the reasons for this increasing dichotomy is fundamental and has a profound impact on our understanding of world dynamics and globalization and, ultimately, on our awareness of where the West is going. This interdisciplinary volume proposes new frameworks to understand the differences in approach to international law in the US and Europe. To explain the theoretical and historical underpinnings of the diverging views, the expert essays present new research and develop innovative conclusions. They assess and explore issues such as the idea of sovereignty, constitutional law, the use of force, treaty law and international adjudication. Leading authorities in different disciplines including law and political science, the contributors engage in a new dialogue and develop a new discourse on inter-Atlantic views.

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7.The Future of International Law ― Global Government

作者：Joel P. Trachtman 出版社：Cambridge Univ Pr 出版日：2014/05/08 裝訂：平裝

The world is changing rapidly and there are increasing calls for international and legal responses. Social changes in areas such as globalization, development, demography, democratization and technology are growing in importance for both citizens and states. Over time this will be reflected in international law and organizational structures, which will have more prominence in governmental functions. In this sense the future of international law is global government. This book draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of global concern and predicts that a more extensive, powerful and varied international legal system will be needed to cope with future opportunities and challenges.

定價：1689 元，優惠價：9 1520

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8.Parochialism, Cosmopolitanism, and the Foundations of International Law

作者：M. N. S. Sellers 出版社：Cambridge Univ Pr 出版日：2014/08/21 裝訂：平裝

This book examines the boundary between parochial and cosmopolitan justice. Parochialism and cosmopolitanism are two faces of international law, which recognizes our common humanity by protecting us in our differences. Essays in this book ask to what extent law should recognize or support the political, historical, cultural and economic differences among nations. Nine lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions or heightened duties under international law. Contributors draw the line between international law, national jurisdiction and the private autonomy of persons.

定價：1689 元，優惠價：9 1520

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9.The Role of Ethics in International Law

作者：Donald Earl Childress; III 出版社：Cambridge Univ Pr 出版日：2014/06/26 裝訂：平裝

The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

定價：1689 元，優惠價：9 1520

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10.Normative Pluralism and International Law ― Exploring Global Governance

作者：Jan Klabbers 出版社：Cambridge Univ Pr 出版日：2014/10/30 裝訂：平裝

This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.

定價：1559 元，優惠價：9 1403

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11.International Law as Behavior

作者：Harlan Grant Cohen 出版社：Cambridge Univ Pr 出版日：2020/10/31 裝訂：精裝

This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a particular international law topic by drawing from a variety of fields through a multi-method approach to highlight how these fields may come together in a single project. Still others use behavioral insights as a form of critique to highlight the blind spots and related mistakes in more traditional analyses of the law. Throughout this volume, authors present creative, insightful, challenges to traditional international law scholarship.

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12.The Future of International Law ― Global Governance

作者：Joel P. Trachtman 出版社：Cambridge Univ Pr 出版日：2013/02/25 裝訂：精裝

The world is changing rapidly and there are increasing calls for international and legal responses. Social changes in areas such as globalization, development, demography, democratization and technology are growing in importance for both citizens and states. Over time this will be reflected in international law and organizational structures, which will have more prominence in governmental functions. In this sense the future of international law is global government. This book draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of global concern and predicts that a more extensive, powerful and varied international legal system will be needed to cope with future opportunities and challenges.

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13.Tipping Points in International Law：Commitment and Critique

作者：d'Aspremont; Jean (University of Manchester); Haskell; John (University of Manchester) 出版社：Cambridge University Press 出版日：2021/11/30 裝訂：精裝

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14.The Death Penalty's Denial of Fundamental Human Rights：International Law, State Practice, and the Emerging Abolitionist Norm

作者：John Bessler (University of Baltimore) 出版社：Cambridge University Press 出版日：2022/11/30 裝訂：精裝

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15.The Challenge of Inter-Legality

作者：Jan Klabbers 出版社：Cambridge Univ Pr 出版日：2022/05/19 裝訂：平裝

The sovereignty of states to enact and enforce laws within their jurisdictions has been recognized since the Treaty of Westphalia in 1648. There are now, however, accepted global legal norms that transcend national sovereignty and hold states accountable for not including their domestic legal regimes. This volume is the first book-length treatment to describe and explain how legal orders can be interwoven, and what to do about it. Coining the term 'inter-legality', this volume provides essays on the history, primary areas of inter-legality, the concept of jurisdiction, and normative developments prompted by inter-legality. Bringing together a wide range of contributors who stem from a variety of different academic backgrounds, this book aims to answer three questions: does inter-legality occur with some regularity? How does it affect traditional legal concepts such as 'jurisdiction' or 'legal order' or 'responsibility'? And what are the normative implications?

定價：1819 元，優惠價：9 1637

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16.Ethical Leadership in International Organizations：Concepts, Narratives, Judgment, and Assessment

作者：Guilherme Vasconcelos Vilaça 出版社：Cambridge Univ Pr 出版日：2021/04/30 裝訂：精裝

This book offers an innovative interdisciplinary approach that elucidates the importance of virtue ethics to help better understand the role of leadership in international organisations. The authors use a combination of theoretical and conceptual narratives as well as case studies to highlight both the advantages and weaknesses that the angle of virtue ethics offers. A particularly important step in times of uncertainty or crisis when the demand for leadership becomes more urgent yet more daunting. In this sense, this volume oscillates between critique and hope, since it provides a plausible, rather than a purely abstract, approach to the conceptualization and concretization of ethical leadership.

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17.Jus Post Bellum and Transitional Justice

作者：Larry May 出版社：Cambridge Univ Pr 出版日：2015/08/06 裝訂：平裝

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.

定價：1949 元，優惠價：9 1754

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18.Theoretical Boundaries of Armed Conflict and Human Rights

作者：Jens David Ohlin 出版社：Cambridge Univ Pr 出版日：2017/11/23 裝訂：平裝

In the last two decades, human rights law has played an expanding role in the legal regulation of wartime conduct. In the process, human rights law and international humanitarian law have developed a complicated sibling relationship. For some, this relationship is viewed as a mutually reinforcing effort between like-minded regimes designed to civilize human behavior. For others, the relationship is a more complicated sibling rivalry. In this book, an unparalleled collection of legal theorists examine the relationship between these two bodies of law. Each chapter skilfully maps the possibilities of harmonization while, at the same time, raising cautionary flags about the limits of that project. The authors not only chart the existing state of the law, but also debate the normative implications of the continuing influence of human rights norms on current practices including torture, targeted killings, the conduct of non-international armed conflicts, and post-war state building.

定價：2014 元，優惠價：9 1813

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19.The Theory of Self-determination

作者：Fernando R. Tesón 出版社：Cambridge Univ Pr 出版日：2017/05/11 裝訂：平裝

When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations.

定價：1624 元，優惠價：9 1462

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20.Human Rights in Emergencies

作者：Evan J. Criddle 出版社：Cambridge Univ Pr 出版日：2017/05/11 裝訂：平裝

Public emergencies such as civil wars, natural disasters, and economic crises test the theoretical and practical commitments of international human rights law. During national crises, international law permits states to suspend many human rights protections in order to safeguard national security. States frequently overstep the limits of this authority, violating even peremptory human rights such as the prohibitions against torture and prolonged arbitrary detention. In this volume, leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights, and they explain how the law seeks to protect human rights during emergencies. The contributors also evaluate the law's successes and failures, and offer new proposals for strengthening respect for human rights.

定價：1689 元，優惠價：9 1520

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