International Law's Invisible Frames

International Law's Invisible Frames
Author: Andrea Bianchi
Publisher: Oxford University Press
Total Pages: 336
Release: 2021-09-23
Genre: Law
ISBN: 0192663291

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What is international law, and how does it work? This book argues that our answers to these fundamental questions are shaped by a variety of social cognition and knowledge production processes. These processes act as invisible frames, through which we understand international law. To better conceive the frames within which international law moves and performs, we must understand how psychological and socio-cultural factors affect decision-making in an international legal process. This includes identifying the groups of people and institutions that shape and alter the prevailing discourse in international law, and unearthing the hidden meaning of the various mythologies that populate and influence our normative world. With chapters from leading experts in the discipline, employing insights from sociology, psychology, and behavioural science, this book investigates the mechanisms that allow us to apprehend and intellectually represent the social practice of international law. It unveils the hidden or unnoticed processes by which our understanding of international law is formed, and helps readers to unlearn some of the presuppositions that inform our largely unquestioned beliefs about international law.

International Law's Invisible Frames

International Law's Invisible Frames
Author: Andrea Bianchi
Publisher: Oxford University Press
Total Pages: 337
Release: 2021
Genre: Law
ISBN: 0192847538

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This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.

Demystifying Treaty Interpretation

Demystifying Treaty Interpretation
Author: Andrea Bianchi
Publisher: Cambridge University Press
Total Pages: 317
Release: 2024-03-31
Genre: Law
ISBN: 1108477380

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Helps the reader better understand what it is that international lawyers do when interpreting a treaty.

Teaching International Law

Teaching International Law
Author: Jean-Pierre Gauci
Publisher: Taylor & Francis
Total Pages: 425
Release: 2024-06-26
Genre: Law
ISBN: 1040032834

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The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors – including scholars, practitioners, civil society groups, governments, and international organisations. This collection brings together a diversity of scholars and practitioners to share their experiences and critically reflect on current practices of teaching international law across different contexts, traditions, and perspectives to develop existing conversations and spark fresh ones concerning teaching practices within the field of international law. Reflecting on the responsibilities of teachers of international law to engage with and confront histories, contemporary crises, and everyday events in their teaching, the collection explores efforts to decenter the teacher and the law in the classroom, opportunities for dialogical and critical approaches to teaching, and the possibilities of co-producing non-conventional pedagogies that question the mainstream underpinnings of international law teaching. Focusing on the tools and techniques used to teach international law to date, the collection examines the teaching of international law in different contexts. Traversing a range of domestic and regional contexts around the world, the book offers insights into both the culture of teaching in particular domestic settings, aswell as the structural challenges and obstacles that arise in terms of who, what, and how international law is taught in practice. Offering a unique window into the personal experiences of a diversity of scholars and practitioners from around the world, this collection aims to nurture conversations about the responsibilities, approaches, opportunities, and challenges of teaching international law.

International Legal Theory

International Legal Theory
Author: Jeffrey L. Dunoff
Publisher: Cambridge University Press
Total Pages: 449
Release: 2022-08-04
Genre: Law
ISBN: 1108427715

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A reader-friendly overview of leading theoretical approaches to international law for students, scholars, and practitioners.

Legal Fictions in International Law

Legal Fictions in International Law
Author: Reece Lewis
Publisher: Edward Elgar Publishing
Total Pages: 200
Release: 2021-06-25
Genre: Law
ISBN: 1800379145

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This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.

The Discourse on Customary International Law

The Discourse on Customary International Law
Author: Jean d'Aspremont
Publisher: Oxford University Press
Total Pages: 193
Release: 2021-05-10
Genre: Law
ISBN: 0192657704

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Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law. The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.

Law, Legal Expertise and EU Policy-Making

Law, Legal Expertise and EU Policy-Making
Author: Emilia Korkea-aho
Publisher: Cambridge University Press
Total Pages: 337
Release: 2022-10-20
Genre: Law
ISBN: 1108904939

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This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.

Latin America and international investment law

Latin America and international investment law
Author: Sufyan Droubi
Publisher: Manchester University Press
Total Pages: 372
Release: 2022-04-12
Genre: Law
ISBN: 1526155060

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Latin America has been a complex laboratory for the development of international investment law. While some governments and non-state actors have remained true to the Latin American tradition of resistance towards the international investment law regime, other governments and actors have sought to accommodate said regime in the region. Consequently, a profusion of theories and doctrines, too often embedded in clashing narratives, has emerged. In Latin America, the practice of international investment law is the vivid amalgamation of the practice of governments sometimes resisting and sometimes welcoming mainstream approaches; the practice of lawyers assisting foreign investors from outside and within the region; and the practice of civil society, indigenous peoples and other actors in their struggle for human rights and sustainable development. Latin America and international investment law describes the complex roles that governments have played vis-à-vis foreign investors and investments; the refreshing but clashing forces that international organizations, corporations, civil society, and indigenous peoples have brought to the field; and the contribution that Latin America has made to the development of the theory and practice of international investment law, notably in fields in which the Latin American experience has been traumatic: human rights and sustainable development. Latin American scholars have been contributing to the theory of international investment law for over a century; resting on the shoulders of true giants, this volume aims at pushing this contribution a little further.

Research Handbook on Soft Law

Research Handbook on Soft Law
Author: Mariolina Eliantonio
Publisher: Edward Elgar Publishing
Total Pages: 471
Release: 2023-11-03
Genre: Law
ISBN: 1839101938

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This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.