Scholars of international human rights law are largely unfamiliar with law and society scholarship, while the study of international human rights has remained at the margins of the law and society movement. International Law and Society: Empirical Approaches to Human Rights seeks to bridge this gap by presenting the work of a growing number of academics who are adopting a range of empirical approaches to international human rights. Drawn from the fields of anthropology, sociology, political science and law, the studies featured in this volume use a variety of qualitative and quantitative methods to analyze core issues of international law and human rights, such as compliance, the development of norms and the role of social movements.

A bridge is constructed by this volume between the separate professions and disciplines of international lawyers and social scientists. The authors attempt to restate international law, both its jurisprudence and its rules, in social science terms. The authors then explicitly set forth the reciprocal relationships between international law and the findings, perspectives, and literature of the social sciences—showing how the insights and concepts of political science, sociology, psychology, and other disciplines can illuminate the field of international law. The limits as well as utility of social science materials in the comprehension, teaching, and practice of international law are evaluated. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).

The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and...', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways.

This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the delimitation of customary international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). The main theory of law ascertainment presented in this work remains however principally informed by a rejuvenated version of Herbert Hart's social thesis.

This Handbook brings together 40 of the world’s leading scholars and rising stars who study international law from disciplines in the humanities – from history to literature, philosophy to the visual arts – to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of ‘international law and the humanities’. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book’s six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.

International Law, Eighth Edition, by the deeply experienced authorship team of Allen S. Weiner, Duncan B. Hollis, and Chimène I. Keitner, provides students with a foundational understanding of international law for those required to confront legal problems across borders, including treaties, customary international law, jurisdiction, and the UN system. International Law, Eighth Edition, by the deeply experienced authorship team of Allen S. Weiner, Duncan B. Hollis, and Chimène I. Keitner, provides students with a foundational understanding of international law for those required to confront legal problems across borders, including treaties, customary international law, jurisdiction, and the UN system. International Law, Eighth Edition, offers a comprehensive treatment of contemporary international law, including key recent developments in the field, and provides comprehensive coverage of foundational international law questions faced by practitioners, including the nature and sources of international law, the subjects of international law (states and international organizations), and the jurisdictional powers and immunities of states. Authored by international law professors and leading scholars in the field who also have significant practical experience, the book also addresses key doctrinal topics, with reference to important contemporary foreign policy issues, including (i) international human rights, (ii) the law of the sea, (iii) international environmental law, (iv) the use of force and the law of armed conflict, and (v) international criminal law. New to the Eighth Edition: Detailed treatment of the legal issues arising from Russia’s invasion of Ukraine Vignettes highlighting the operation of international law in other contemporary crises like the COVID-19 pandemic and the Rohingya genocide in Myanmar Deeper comparative treatment of international law principles of jurisdiction and immunity Coverage of major recent international cases including the ICJ’s Advisory Opinion on self-determination (the Separation of the Chagos Archipelago from Mauritius in 1965) and the Dutch Supreme Court case on the international human right to a healthy environment (Netherlands v. Urgenda) Discussion of international law principles governing election interference and other harmful cyber operations Increased diversity of authors and perspectives Professors and students will benefit from: Comprehensive and rigorous treatment of a full range of the most important international issues, crafted in a manner than lends itself to easy customization and adaptable classroom use Thoroughly updated text that includes discussion of important recent legal developments, including important actions by international organizations and decisions by international courts and tribunals along with expert scholarly analysis Presentation of diverse scholarly perspectives of the history and functioning of international law Accessible prose for students new to the topic, along with nuanced analysis for more in-depth discussions

The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.