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Vol 21 No 10 Oct/Nov 2016

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Theory of International Law


ISBN13: 9781782258803
Published: August 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



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This book seeks to analyse various aspects of international law, the link being how they structure and order the differing forces in the international legal order. It takes a threefold approach to the question:

First, the effort goes to determining the fundamental characteristics of international law, the forces that explain and impregnate its applications.

Second, the multiple relations between law and policy are analysed. Politics are a highly relevant factor for the implementation of each legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, are significantly close one to the other.

Third, the reflections concentrate on a series of fundamental socio-legal notions: the common weal, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality and reason.

It will be essential reading for all serious international law scholars.

Subjects:
Public International Law
Contents:
Part One: The Main Pillars of the Legal System
1. History and Characteristics of International Law
2. Foundation, Sources and Structural Principles of International Law
3. The Subjects of International Law
4. Questions of Method and the Structure of Rules in International Law
5. The 'Lotus Rule' on Residual State Freedom
6. The Effectiveness of International Law
7. International Society or International Community?

Part Two: International Law and Politics
8. The Relationship Between International Law and Politics Part Three: International Law and Certain Fundamental Legal-Political Notions
9. The Relationship of International Law with Certain Cardinal Legal Notions