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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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International Law: Volumes I and II

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ISBN13: 9780754627364
Published: May 2009
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback, 2 volumes
Price: £430.00

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Over the last 300 years public international law has developed from a set of principles, ultimately grounded in natural law, into an extremely complex web of norms, supporting and sustained by an array of international institutions which, in combination, present a system for the realisation of global public order. These volumes, arranged into five parts, bring together key writings which both illustrate and exemplify ideas that have informed the historical development of the discipline. The first part outlines three approaches, based on systems of natural laws, positivist systems and finally the system of 'public' international order. Parts two to four reflect aspects of the issues raised in this introduction in the context of a number of key areas of substantive law, these being sources, personality and jurisdiction and immunity. The final part then takes a look into the potential futures of international law and the international legal system from a variety of perspectives, including global administrative law, transgovernmentalism and public law conceptions of international order.

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Public International Law
Volume I: Introduction
Part I The Nature of International Law: Sovereignty, Hans Kelsen
The science of international law: its task and method, L. Oppenheim
Legal positivism as normative politics: international society, balance of power and Lassa Oppenheim's positive international law, Benedict Kingsbury
The Grotian tradition in international law, H. Lauerpacht
The United Nations Charter as constitution of the international community, B. Fassbender
Two liberalisms, Gerry Simpson
Policy considerations and the international judicial process, Rosalyn Higgins.
Part II Sources: Towards relative normativity in international law?, Prosper Weil
In defence of relative normativity: communitarian values and the Nicaragua case, John Tasioulas
Normative hierarchy in international law, Dinah Shelton
Universal international law, Jonathan I. Charney
Universality or integrity: some reflections on reservations to general multilateral treaties, Catherine Redgwell
Name index.
Volume II: Part III Personality: The criteria for statehood in international law, James Crawford
The constitutive versus the declaratory theory of recognition: a tertium non datur?, Stefan Talmon
The emerging right to democratic governance, Thomas M. Franck
The 'not-a-cat' syndrome: can the international human rights regime accommodate non-state actors?, Philip Alston.
Part IV Jurisdiction and Immunity: Jurisdiction in international law, Michael Akehurst
US extraterritorial jurisdiction: the Helms-Burton and D'Amato Acts, Vaughan Lowe
The problem of jurisdictional immunities of foreign states, H. Lauterpacht
Immunity versus human rights: the Pinochet case, Andrea Bianchi
State immunity, human rights, and Jus Cogens: a critique of the normative hierarchy theory, Lee M. Caplan. Part V The Future of International Law: Global governance as administration – national and transnational approaches to global administrative law, Benedict Kingsbury, Nico Krisch, Richard B. Stewart and Jonathan B. Wiener
International law in a world of liberal states, Anne-Marie Slaughter
The myopia of the handmaidens: international lawyers and globalization, Philip Alston
International institutions today: an imperial global state in the making, B.S. Chimni
The concept of international law, Philip Allott
Name index.