International Status in the Shadow of Empire

International Status in the Shadow of Empire
Author: Cait Storr
Publisher: Cambridge University Press
Total Pages: 321
Release: 2020-09-17
Genre: Law
ISBN: 1108579981

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Nauru is often figured as an anomaly in the international order. This book offers a new account of Nauru's imperial history and examines its significance to the histories of international law. Drawing on theories of jurisdiction and bureaucracy, it reconstructs four shifts in Nauru's status – from German protectorate, to League of Nations C Mandate, to UN Trust Territory, to sovereign state – as a means of redescribing the transition from the nineteenth century imperial order to the twentieth century state system. The book argues that as international status shifts, imperial form accretes: as Nauru's status shifted, what occurred at the local level was a gradual process of bureaucratisation. Two conclusions emerge from this argument. The first is that imperial administration in Nauru produced the Republic's post-independence 'failures'. The second is that international recognition of sovereign status is best understood as marking a beginning, not an end, of the process of decolonisation.

International Status in the Shadow of Empire

International Status in the Shadow of Empire
Author: Cait Storr
Publisher: Cambridge University Press
Total Pages: 321
Release: 2020-09-17
Genre: Law
ISBN: 1108498507

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This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.

International Law and History

International Law and History
Author: Ignacio de la Rasilla
Publisher: Cambridge University Press
Total Pages: 465
Release: 2021-01-21
Genre: Law
ISBN: 1108606520

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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.

Repetition and International Law

Repetition and International Law
Author: Wouter Werner
Publisher: Cambridge University Press
Total Pages: 205
Release: 2022-02-03
Genre: Law
ISBN: 1009040022

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Acts of repetition abound in international law. Security Council Resolutions typically start by recalling, recollecting, recognising or reaffirming previous resolutions. Expert committees present restatements of international law. Students and staff extensively rehearse fictitious cases in presentations for moot court competitions. Customary law exists by virtue of repeated behaviour and restatements about the existence of rules. When sources of international law are deployed, historically contingent events are turned into manifestations of pre-given and repeatable categories. This book studies the workings of repetition across six discourses and practices in international law. It links acts of repetition to similar practices in religion, theatre, film and commerce. Building on the dialectics of repetition as set out by Søren Kierkegaard, it examines how repetition in international law is used to connect concrete practices to something that is bound to remain absent, unspeakable or unimaginable.

The World Bank's Lawyers

The World Bank's Lawyers
Author: Dimitri Van Den Meerssche
Publisher: Oxford University Press
Total Pages: 337
Release: 2022-09-12
Genre: Law
ISBN: 019266168X

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The World Bank's Lawyers provides an original socio-legal account of the evolving institutional life of international law. Informed by oral archives, months of participant observation, interviews, legal memoranda, and documents obtained through freedom-of-information requests, it tells a previously untold story of the World Bank's legal department between 1983 and 2016. This is a story of people and the beliefs they have, the influence they seek, and the tools they employ. It is an account of the practices they cling to and how these practices gain traction, or how they fail to do so, in an international bureaucracy. Inspired by actor-network theory, relational sociologies of association, and performativity theory, this ethnographic exploration multiplies the matters of concern in our study of international law (and lawyering): the human and non-human, material and semantic, visible and evasive actants that tie together the fragile fabric of legality. In tracing these threads, this book signals important changes in the conceptual repertoire and materiality of international legal practice, as liberal ideals were gradually displaced by managerial modes of evaluation. It reveals a world teeming with life—a space where professional postures and prototypes, aesthetic styles, and technical routines are woven together in law's shifting mode of existence. This history of international law as a contingent cultural technique enriches our understanding of the discipline's disenchantment and the displacement of its traditional tropes by unexpected and unruly actors. It thereby inspires new ways of critical thinking about international law's political pathways, promises, and pathologies, as its language is inscribed in ever-evolving rationalities of rule.

The International Law of Sovereign Debt Dispute Settlement

The International Law of Sovereign Debt Dispute Settlement
Author: Kei Nakajima
Publisher: Cambridge University Press
Total Pages: 381
Release: 2022-09-22
Genre: Law
ISBN: 1009250035

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The first two decades of the twenty-first century witnessed a series of large-scale sovereign defaults and debt restructurings, in which sovereigns struggled to negotiate with recalcitrant bondholders, particularly hedge funds. Also, the outbreak of the COVID-19 pandemic in 2020 heralded a bleak financial outlook for many developing and emerging market countries, requiring sovereign debt restructuring in times of great macroeconomic uncertainty. Given the absence of a multilateral mechanism for sovereign debt restructuring equivalent to domestic corporate bankruptcy system, however, defaulted sovereigns often suffer from holdout litigation wrought by bondholders. This book proposes ways in which such legal actions could be regulated without the undue expense of bondholders' remedies by exploring the mechanism of balancing bondholder protection and respect for sovereign debt restructuring at various stages of litigation and arbitration proceedings.

Detention by Non-State Armed Groups under International Law

Detention by Non-State Armed Groups under International Law
Author: Ezequiel Heffes
Publisher: Cambridge University Press
Total Pages: 313
Release: 2022-02-17
Genre: Law
ISBN: 1108495664

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Explores how international law deals with detention conducted by non-State armed groups and the motivations behind these practices.

The Crime of Aggression under the Rome Statute of the International Criminal Court

The Crime of Aggression under the Rome Statute of the International Criminal Court
Author: Carrie McDougall
Publisher: Cambridge University Press
Total Pages: 497
Release: 2021-08-12
Genre: Law
ISBN: 110848820X

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This edition provides a comprehensively updated guide to the crime of aggression under the Statute of the International Criminal Court.

Routledge Handbook of International Law and the Humanities

Routledge Handbook of International Law and the Humanities
Author: Shane Chalmers
Publisher: Routledge
Total Pages: 653
Release: 2021-05-19
Genre: Law
ISBN: 1000385760

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This Handbook brings together 40 of the world’s leading scholars and rising stars who study international law from disciplines in the humanities – from history to literature, philosophy to the visual arts – to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of ‘international law and the humanities’. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book’s six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.

Who Owns Outer Space?

Who Owns Outer Space?
Author: Michael Byers
Publisher: Cambridge University Press
Total Pages: 427
Release: 2023-04-30
Genre: Law
ISBN: 1108497837

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Explores the environmental, safety, and security challenges facing humanity's rapid expansion into Space and proposes actionable solutions.