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Theory of International Law

By: Robert Kolb
Media of Theory of International Law
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Published: 20-10-2016
Format: Hardback
Edition: 1st
Extent: 512
ISBN: 9781782258803
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £80.00
 

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About Theory of International Law

This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.

Table Of 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

Reviews

Theory of International Law is an important contribution to the theoretical analysis of public international law ... recommended for academics and professionals … they will find important reflections to analyse and (re)value the importance of law for society and the international community. (Translated from the original Spanish)” –  Humberto Cantú Rivera, Anuario Mexicano de Derecho Internacional

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