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Public International Law x Jurisprudence and Philosophy of Law x clear all

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Acoustic Jurisprudence

James E K Parker.

October 2015; p ublished online November 2015 .

Book. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 272 pages.

Between September 2006 and December 2008, Simon Bikindi stood trial at the International Criminal Tribunal for Rwanda (ICTR), accused of inciting genocide with his songs. Bikindi’s trial...

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Adjudication in the GATT/WTO: Making General Exceptions in Trade Law

Ingo Venzke.

in How Interpretation Makes International Law

September 2012; p ublished online January 2013 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 32815 words.

This chapter introduces international judicial institutions as weighty actors in international legal discourse. It shows how the practice of adjudication in international trade law has...

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Administrative Litigation and the Rule of Law in Israel and the United States: A Comment on Lawyering for the Rule of Law

Edward L. Rubin.

in Jerusalem Review of Legal Studies

June 2015; p ublished online April 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; Human Rights and Immigration; Public International Law; Jurisprudence and Philosophy of Law. 7691 words.

Analytic Obstacles in Legal Positivism to Stateless Law

Thomas Schultz.

in Transnational Legality

January 2014; p ublished online April 2014 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 3780 words.

This chapter discusses the properties which threaten the conceptual possibility to recognize the existence of stateless legal systems: comprehensiveness, exclusiveness, and supremacy. It...

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Arguing about the Normativity of Jurisprudence: Comments on Andrei Marmor's Philosophy of Law

Jeremy Waldron.

in Jerusalem Review of Legal Studies

December 2014; p ublished online July 2014 .

Journal Article. Subjects: Constitutional and Administrative Law; Human Rights and Immigration; Public International Law; Jurisprudence and Philosophy of Law. 5862 words.

Atomic Age

Yoriko Otomo.

in Unconditional Life

May 2016; p ublished online August 2016 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 11509 words.

This chapter offers a commentary on how gendered metaphysics is also reflected in post-war discourse. Examples from the wartime speeches and declarations by officials and the heads of state...

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Authority and Intent in U.S. Constitutional Culture

Kai Möller.

in Jerusalem Review of Legal Studies

December 2014; p ublished online December 2014 .

Journal Article. Subjects: Constitutional and Administrative Law; Human Rights and Immigration; Public International Law; Jurisprudence and Philosophy of Law. 6432 words.

Authority and International Law

Başak Çalı.

in The Authority of International Law

October 2015; p ublished online November 2015 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 12073 words.

Chapter 1 reviews the multiplicity of debates on the authority and legitimacy of international law. It shows that existing discussions on its authority start from diverse premises on the...

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The Authority of International Law

Basak Çali.

October 2015; p ublished online November 2015 .

Book. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 224 pages.

This book tackles an old, but ever relevant question: does international law enjoy legal authority over domestic orders? If so, what is the form and extent of the authority of international...

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The Authority of International Law

Başak Çalı.

in The Authority of International Law

October 2015; p ublished online November 2015 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 16995 words.

Chapter 2 presents the core argument of the book. It first discusses how we may go about identifying the conceptual characteristics of international law’s authority. It argues that...

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Behavioral Error, Misguided Regulation, and Technical Innovation: Some Observations about Oren Bar-Gill’s Seduction by Contract

Richard A. Epstein.

in Jerusalem Review of Legal Studies

June 2014; p ublished online August 2013 .

Journal Article. Subjects: Constitutional and Administrative Law; Human Rights and Immigration; Public International Law; Jurisprudence and Philosophy of Law. 3463 words.

Beyond Monism and Dualism

Başak Çalı.

in The Authority of International Law

October 2015; p ublished online November 2015 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 12853 words.

Chapter 4 visits the relationship between international law and the domestic judicial organs of a state and argues that the monism and dualism framework fails to explain the dialectical...

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Beyond Thin Justice

Steven R. Ratner.

in The Thin Justice of International Law

January 2015; p ublished online August 2015 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 13862 words.

This chapter ties together the loose threads of the preceding discussions and points the way toward an international law whose norms are more than thinly just. It begins with a review of...

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Biography and Important Influences

Mónica García-Salmones Rovira.

in The Project of Positivism in International Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 23314 words.

This chapter presents a biographical sketch of Hans Kelsen. It first details his life, with special emphasis on the connections of his personal path with the development of his legal...

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Can Government Lawyers Save Us? A Comment on Lawyering for the Rule of Law

Gad Barzilai.

in Jerusalem Review of Legal Studies

June 2015; p ublished online April 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; Human Rights and Immigration; Public International Law; Jurisprudence and Philosophy of Law. 2557 words.

Charting the Future of the Twin Pillars of International Economic Law

Jürgen Kurtz.

in Jerusalem Review of Legal Studies

June 2014; p ublished online October 2013 .

Journal Article. Subjects: Constitutional and Administrative Law; Human Rights and Immigration; Public International Law; Jurisprudence and Philosophy of Law. 8001 words.

The Claim of Sovereignty in International Law and against International Law

Hermann Heller.

Edited by David Dyzenhaus.

in Sovereignty

March 2019; p ublished online May 2019 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Public International Law. 2717 words.

This chapter considers the attempt of contemporary international law doctrine to minimize the concept of sovereignty. The attempt is made to draw its fangs by construing the nature of...

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The Claims of Peoples

Steven R. Ratner.

in The Thin Justice of International Law

January 2015; p ublished online August 2015 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 21054 words.

This chapter analyses one of the core norms of international law under the two-pillar standard of thin justice—the claims of peoples for self-government, and in particular the law on...

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Combatants and Civilians in Asymmetric Wars

Jens David Ohlin and Larry May.

in Necessity in International Law

November 2016; p ublished online September 2016 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 8147 words.

This chapter examines the dividing line between combatants and civilians during contemporary asymmetric conflicts against nonstate actors, the preeminent type of military conflict in this...

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Conceptual Groundwork for a Standard of Global Justice

Steven R. Ratner.

in The Thin Justice of International Law

January 2015; p ublished online August 2015 .

Chapter. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 11443 words.

This chapter lays the foundations for the standard of global justice which is developed and deployed in this book to appraise the core norms of international law. It first explains the...

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