Legal Monism

Legal Monism
Title Legal Monism PDF eBook
Author Paul Gragl
Publisher Oxford University Press
Pages 417
Release 2018-03-16
Genre Law
ISBN 019251606X

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In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.

Legal Monism

Legal Monism
Title Legal Monism PDF eBook
Author Paul Gragl
Publisher Oxford University Press
Pages 417
Release 2018
Genre Law
ISBN 0198796269

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In this first full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this book defends the theory against dualism and pluralism.

Hans Kelsen's Pure Theory of Law

Hans Kelsen's Pure Theory of Law
Title Hans Kelsen's Pure Theory of Law PDF eBook
Author Lars Vinx
Publisher Oxford University Press, USA
Pages 241
Release 2007
Genre Law
ISBN 0199227950

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By showing how Kelsen's theory of law works alongside his political philosophy, the book shows the Pure Theory to be part of a wider attempt to understand how political power can be legitimately exercised in pluralist societies.

The Oxford Guide to Treaties

The Oxford Guide to Treaties
Title The Oxford Guide to Treaties PDF eBook
Author Duncan B. Hollis
Publisher Oxford University Press, USA
Pages 873
Release 2012-08-09
Genre Law
ISBN 019960181X

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Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.

International Law as Law of the European Union

International Law as Law of the European Union
Title International Law as Law of the European Union PDF eBook
Author Enzo Cannizzaro
Publisher Martinus Nijhoff Publishers
Pages 429
Release 2011-10-28
Genre Law
ISBN 9004188576

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With a view to recent developments in both the EU and the global legal order, International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union.

Spinoza on Monism

Spinoza on Monism
Title Spinoza on Monism PDF eBook
Author P. Goff
Publisher Palgrave Macmillan
Pages 0
Release 2011-12-15
Genre Philosophy
ISBN 9780230279483

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Spinoza believed that there was only one substance in reality, which he called 'God or nature'. A number of leading contemporary philosophers have defended monism, this strange and beautiful idea that the cosmos is the source of all being. This book explores both the historical roots of the monism in Spinoza, and its flowering in the 21st century.

National Law in WTO Law

National Law in WTO Law
Title National Law in WTO Law PDF eBook
Author Sharif Bhuiyan
Publisher Cambridge University Press
Pages 0
Release 2011-03-03
Genre Law
ISBN 9780521175340

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This book examines how national law is treated in WTO law, both in the WTO treaty and dispute settlement cases. The WTO treaty contains a set of far-reaching obligations establishing a systemic and constitutional framework of interaction between WTO law and national law. WTO dispute settlement operates as an international layer of judicial review of national laws and administrative, judicial or quasi-judicial measures. Consequently, much of the WTO dispute settlement decisions and rulings relate in different ways to Members' national laws. Yet, up until the publication of this book, there was no systematic analysis of this vastly important subject. This book provides a thorough map of an increasingly complex field. In doing so, it extends the enquiry beyond well-known formulas and combines practical analysis with principled discussion of how the treatment of national law in international law can and should ensure effectiveness of international rules and promote good governance within nation-states.