The Future of International Law Antonio Cassese. Realizing Utopia The Future of International Law Edited by Antonio Cassese C REALIZING UTOPIA The Future of International Law This page intentionally. OXFORD Cover.
Author: Antonio Cassese
Publisher: Oxford University Press
Bringing together 47 essays by prominent international lawyers, this book reflects on major challenges facing international law and focuses on potential changes and improvements. Its aim is helping to construct a better architecture of world society. As international law's importance continues to grow, this book analyses where it is heading.
Reflections of a True Blue Dreamer Richard Valton. REALISING UTOPIA |RICHARD VALTON Realising Utopia Reflections of a True Blue Dreamer An Essay. Front Cover.
Author: Richard Valton
Publisher: Xlibris Corporation
After searching for a unifying common platform incorporating all faiths but with no success (only his atheist friends responded positively!), the author reflects on the conditions to realise John Lennons Utopian dream depicted in his famous song Imagine and discovers that the organization of the United Nations needs reforming, adding an element of supra-nationality to it and redefining the nations rights to vote.
According to news reporting from Florence, Italy, by VerticalNews editors, the research stated, “Realizing Utopia is the posthumous testament of Antonio Cassese and an act of faith in the emancipatory power of international law.
Category: Political Science
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Such scholars mainly understand their task as 'realizing utopia' in order to improve the role of law within international society. It is worth emphasizing that all supporters of the idea of constitutionalisation of international law ...
Author: Andrzej Jakubowski
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
International human rights law: Struggling between Apology and Utopia. In Human rights in crisis, ed. A. Bullard. Aldershot: Ashgate Publishing Ltd. Cassese, A. 2012a. Realizing Utopia. The future of international law.
Author: Marion Albers
Publisher: Springer Science & Business Media
This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature provide a basis for understanding fundamental rights? Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature? The essays in this volume introduce naturalistic positions and their concomitant critiques. They address the role that human nature both actually does and potentially may play in forming a foundation for and acting as an exemplification of fundamental rights. Beyond that, they give attention to the challenges caused by Life Sciences. Human nature itself is subject to transformation and transgression in an unprecedented manner. The essays reflect on issues such as reproduction, species manipulation, corporeal autonomy and enhancement. Contributors are jurists, philosophers and political scientists from Germany, Switzerland, Turkey, Poland and Japan.
4; Peters, 'Realizing Utopia as a Scholarly Endeavour', n.5. See e.g. J. Kammerhofer, 'Law-Making by Scholarship? The Dark Side of 21st Century International Law Methodology' in J. Crawford and S. Nouwen (eds.) ...
Author: Jean d'Aspremont
Publisher: Cambridge University Press
International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.
Zartner Falstrom, “Can International Law Survive,” 340. Wu and Keysar, “Effect of Culture,” 600–601. Cassese, “A Plea for a Global Community” in Realizing Utopia, Cassese, ed., 136; Jouannett, “What is the Use of International Law?
Author: Dana Zartner
Publisher: Oxford University Press, USA
Courts, Codes, and Custom addresses the question of why some states recognize and comply with international human rights and environmental law, while others do not. To address this question, Dana Zartner has developed a novel cultural-institutional theory to explain the manner in which a state's domestic legal tradition shapes policy through the process of internalization. A state's legal tradition - the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process - is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, directly and indirectly influencing state policy. The book disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. In turn it explains both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory Zartner compares case studies within five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). She addresses the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.
Here the bad place is not abjected by the good place but momentarily cathected by it; the human being tasked with coaxing this moment of opening up into existence participates in the ongoing process of realizing utopia through ...
Author: Daniel Boscaljon
Publisher: Wipf and Stock Publishers
At present the battle over who defines our future is being waged most publicly by secular and religious fundamentalists. Hope and the Longing for Utopia offers an alternative position, disclosing a conceptual path toward potential worlds that resist a limited view of human potential and the gift of religion. In addition to outlining the value of embracing unknown potentialities, these twelve interdisciplinary essays explore why it has become crucial that we commit to hoping for values that resist traditional ideological commitments. Contextualized by contemporary writing on utopia, and drawing from a wealth of times and cultures ranging from Calvin's Geneva to early twentieth-century Japanese children's stories to Hollywood cinema, these essays cumulatively disclose the fundamental importance of resisting tantalizing certainties while considering the importance of the unknown and unknowable. Beginning with a set of four essays outlining the importance of hope and utopia as diagnostic concepts, and following with four concrete examples, the collection ends with a set of essays that provide theological speculations on the need to embrace finitude and limitations in a world increasingly enframed by secularizing impulses. Overall, this book discloses how hope and utopia illuminate ways to think past simplified wishes for the future.
It is not simply a question of recognizing utopia when we reach it, because 'knowing how way leads on to way', we often search for a direction of travel rather than a destination. There are many ways that alternative scenarios can be ...
Author: Ravi Prabhu
This revolutionary book is a practical guide for helping communities in any location or context - from a fishing community in England to a logging town in Canada to a farming village in India - to develop a collective vision of a prosperous and sustainable future and a road-map for mobilizing and managing their natural resources to realize that future. It explains in a step-by-step manner how to use a process of 'participatory modelling' to structure people's learning, their understanding of the natural systems they depend upon and how this can lead to better social and environmental outcomes. The book is for communities and professional natural resources managers who want to use this powerful tool to help people share visions of the future they want and to take appropriate, immediate action to turn them into reality. It introduces both the theory and practice of participatory modelling using everyday language and a variety of accessible and successful examples. The result is a practical, useful and accessible guide for practicing real, successful community-based natural resource management anywhere, in any circumstances, for community prosperity.
in Cassese, Realizing Utopia, 118–35 at 129. 205 See e.g. G. I. Tunkin, Theory of International Law, trans. W. E. Butler (Cambridge, MA: Harvard University Press, 1974). 206 S. V. Chernichenko, Lichnost' i mezhdunarodnoe pravo (Moscow: ...
Author: Lauri Mälksoo
Publisher: OUP Oxford
This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.