Revolutions in International Law

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Release : 2021-02-18
Genre : Law
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Book Rating : 36X/5 ( reviews)

Revolutions in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Revolutions in International Law write by Kathryn Greenman. This book was released on 2021-02-18. Revolutions in International Law available in PDF, EPUB and Kindle. 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.

International Law and Revolution

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Release : 2019-05-23
Genre : Law
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Book Rating : 168/5 ( reviews)

International Law and Revolution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Law and Revolution write by Owen Taylor. This book was released on 2019-05-23. International Law and Revolution available in PDF, EPUB and Kindle. This book explores the historical inter-relations between international law and revolution, with a focus on how international anti-capitalist struggle plays out through law. The book approaches the topic by analysing the meaning of revolution and what revolutionary activity might look like, before comparing this with legal activity, to assess the basic compatibility between the two. It then moves on to examine two prominent examples of revolutionary movements engaging with international law from the twentieth century; the early Soviet Union and the Third World movement in the nineteen sixties and seventies. The book proposes that the ‘form of law’, or its base logic, is rooted in capitalist social relations of private property and contract, and that therefore the law is a particularly inhospitable place to advance revolutionary breaks with established distributions of power or wealth. This does not mean that the law is irrelevant to revolutionaries, but that turning to legal means comes with tendencies towards conservative outcomes. In the light of this, the book considers the possibility of how, or whether, international law might contribute to the pursuit of a more egalitarian future. International Law and Revolution fills a significant gap in the field of international legal theory by offering a deep theoretical reflection on the meaning of the concept of revolution for the twenty-first century, and its link to the international legal system. It develops the commodity form theory of law as applied to international law, and explores the limits of law for progressive social struggle, informed by historical analysis. It will therefore appeal to students and scholars of public international law, legal history, human rights, international politics and political history.

Law and Revolution

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Release : 2017
Genre : History
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Book Rating : 893/5 ( reviews)

Law and Revolution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law and Revolution write by Nimer Sultany. This book was released on 2017. Law and Revolution available in PDF, EPUB and Kindle. What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.

Sovereignty, International Law, and the French Revolution

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Release : 2017-10-12
Genre : History
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Book Rating : 548/5 ( reviews)

Sovereignty, International Law, and the French Revolution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Sovereignty, International Law, and the French Revolution write by Edward James Kolla. This book was released on 2017-10-12. Sovereignty, International Law, and the French Revolution available in PDF, EPUB and Kindle. This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.

Five Legal Revolutions Since the 17th Century

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Release : 2014-07-22
Genre : Law
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Book Rating : 886/5 ( reviews)

Five Legal Revolutions Since the 17th Century - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Five Legal Revolutions Since the 17th Century write by Jean-Louis Halpérin. This book was released on 2014-07-22. Five Legal Revolutions Since the 17th Century available in PDF, EPUB and Kindle. This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.