International Law from Below

International Law from Below
Title International Law from Below PDF eBook
Author Balakrishnan Rajagopal
Publisher Cambridge University Press
Pages 363
Release 2003-11-06
Genre Political Science
ISBN 1139438239

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The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.

Law from Below

Law from Below
Title Law from Below PDF eBook
Author Elisabeth Rain Kincaid
Publisher Georgetown University Press
Pages 271
Release 2024-03-01
Genre Religion
ISBN 1647124077

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A constructive model of engagement with unjust laws from the ground up The current political atmosphere would suggest that law is imposed only from above, specifically by the chief executive acting upon some sort of perceived populist mandate. In Law from Below, Elisabeth Rain Kincaid argues that the theology of the early modern legal theorist and theologian, Francisco Suárez, SJ may be successfully retrieved to provide a constructive model of legal engagement for Christians today. Suárez’s theology was developed to combat an authoritarian view of law, suggesting that communities may work to change law from the ground up as they function within the legal system, not just outside it. Law from Below suggests that Suárez’s theory of law provides a theologically robust way to mount a counter-narrative to contemporary authoritarian theories of law, while still acknowledging the good in the rule of law and its imposition by a legislative authority. Suárez acknowledges the crucial contribution of citizens to improving law’s moral content, without removing the importance of law’s own authority or the role of the lawgiver. Law from Below argues that the dialogue between legislators and the community provides Christian activists with a range of options for constructively engaging with law in order to have a positive impact on society.

Law and Globalization from Below

Law and Globalization from Below
Title Law and Globalization from Below PDF eBook
Author Boaventura de Sousa Santos
Publisher Cambridge University Press
Pages 424
Release 2005-09-08
Genre Political Science
ISBN 9781139446143

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This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.

The Rights of Refugees under International Law

The Rights of Refugees under International Law
Title The Rights of Refugees under International Law PDF eBook
Author James C. Hathaway
Publisher Cambridge University Press
Pages 1453
Release 2021-04-22
Genre Law
ISBN 1108495893

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The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.

Women, Peace and Security and International Law

Women, Peace and Security and International Law
Title Women, Peace and Security and International Law PDF eBook
Author Christine Chinkin
Publisher Cambridge University Press
Pages 211
Release 2022-03-17
Genre Law
ISBN 110848347X

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An international legal analysis of the UN Security Council's agenda on Women, Peace and Security (WPS).

The Impact of International Law on International Cooperation

The Impact of International Law on International Cooperation
Title The Impact of International Law on International Cooperation PDF eBook
Author Eyal Benvenisti
Publisher Cambridge University Press
Pages 336
Release 2004-09-02
Genre Law
ISBN 9781139456067

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This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is an understanding of the forces that pull states toward closer cooperation or prevent them from doing so, and the impact of different types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states' incentives to cooperate through the design of norms and institutions.

Revolutions in International Law

Revolutions in International Law
Title Revolutions in International Law PDF eBook
Author Kathryn Greenman
Publisher Cambridge University Press
Pages 445
Release 2021-02-18
Genre Law
ISBN 110885236X

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In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.