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Conceptual (Re)Constructions of International Law

Conceptual (Re)Constructions of International Law

  • Author:
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781800372993
  • Published In: December 2022
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,508.00

HKD 1,462.76 Save HKD 45.24 (3%)

Delivery Time: around 4-5 weeks
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  • Description 
  • Contents 

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This timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed.

Bringing together contributions from expert scholars from a range of disciplines, from philosophy to international law scholars and practitioners, this book contrasts constructive, deconstructive, and reconstructive perspectives of international law. Discussions on the topics are encouraged by eliciting responses from contributors on each other’s work. Throughout the book, chapters provide complementary views of key international legal concepts such as custom, legal interpretation, authority and sovereignty.

Providing a framework that gives room to different disciplines, Conceptual (Re)Constructions of International Law will be a key resource for practitioners as well as scholars in the fields of legal philosophy, (international) legal theory and public international law.

Introduction
Kostiantyn Gorobets, Andreas Hadjigeorgiou and Pauline Westerman
PART I. CONSTRUCTING INTERNATIONAL LAW
1.
The interaction of doctrine and theory in (international) legal scholarship
Jörg Kammerhofer
2. Legal scholarship as design: A comment on Kammerhofer
Pauline Westerman
3. The Oxford Jurisprudence Circle: A lost legacy on customary (international) law
Andreas Hadjigeorgiou
4. The Oxford Jurisprudence Circle’s lost legacy: Transformational discovery or historical curiosity? Reply
to Andreas Hadjigeorgiou
David Lefkowitz
5. Fragile, nascent, and in critical condition: Dworkin on international law
David Lefkowitz
6. Hercules goes abroad: Lefkowitz and Dworkin on the liberal foundations of international law
Aaron Fichtelberg
PART II. DECONSTRUCTING INTERNATIONAL LAW
7. From decay to renewal in international law: Is a philosophy of international law possible?
Anthony Carty
8. Are states entities that exist prior to and outside (customary) international law? A reply to Prof. Carty
Andreas Hadjigeorgiou
9. Appraisal of diversity in international law: A note on self-serving biases and interdisciplinarity
Maiko Meguro
10. On international law on language: observations from constructivism: A reply to Maiko Meguro
Tamar Megiddo
11. Opinio juris: test, filter, ideal or map?
Pauline Westerman
12. The myth of ‘identification’: Customary international law and international courts
Maiko Meguro
PART III. RECONSTRUCTING INTERNATIONAL LAW
13. Rootless sovereignty: Methods and foundations in International law
Aaron Fichtelberg
14. What should be the intellectual tasks of international lawyers in abnormal times? A reply to Aaron Fichtelberg
Anthony Carty
15. Peaks and valleys: Contemplating the authority of international law
Kostiantyn Gorobets
16. Wherefore ‘authority’? International law and the contest of legal cultures
Jörg Kammerhofer
17. International law as a ground for action
Tamar Megiddo
18. The individual and its fidelity to international law: a kaleidoscope – Reply to Tamar Megiddo
Panos Merkouris
19. The ‘correct interpretation’ premise in international adjudication
Panos Merkouris
20. Chasing the ‘correct interpretation’: Reply to Panos Merkouris
Kostiantyn Gorobets

Index

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