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  • Public International Law x
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The Right to Have Rights: Citizenship, Humanity, and International Law

Alison Kesby

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.001.0001
Subject:
Law, Public International Law

Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a ... More


A Political Theory of Law: Escaping The Aporia of the Debate on the Validity of Legal Argument in Public International Law

Ulrich Fastenrath

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0007
Subject:
Law, Public International Law

This chapter conceptualizes the political theory of law as an open system of norms. Neither its elements nor the meaning of its norms are fixed. Thus, the legal order is at no time a bulk of definite ... More


International Human Rights and Rights in the United States *

Louis Henkin

in Human Rights in International Law: Legal and Policy Issues

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198255406
eISBN:
9780191681592
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255406.003.0002
Subject:
Law, Public International Law

International human rights have developed from many separate strands in international relations and international law, but most directly from domestic systems of rights protection. Students of the ... More


Economy and Equality

John H. Barton

in International Law and the Future of Freedom

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804776691
eISBN:
9780804791083
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804776691.003.0004
Subject:
Law, Public International Law

This chapter considers the protection of freedom against today's combination of national governments and international organizations. It does so in the context of the needs associated with balancing ... More


Legal Legitimacy in Theoretical Perspective

Brad R. Roth

in Governmental Illegitimacy in International Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780199243013
eISBN:
9780191697210
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243013.003.0002
Subject:
Law, Public International Law

This chapter locates the problem of government illegitimacy within the range of problems addressed by political theory. It introduces the normative considerations affecting determinations of the ... More


The Politics of Theorizing

Tai-Heng Cheng

in When International Law Works: Realistic Idealism After 9/11 and the Global Recession

Published in print:
2012
Published Online:
April 2015
ISBN:
9780195370171
eISBN:
9780190259716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195370171.003.0002
Subject:
Law, Public International Law

This chapter examines apparently conflicting international legal theories to better understand disputes about international law. It concludes that even at the level of theory, disagreements are not ... More


From Just War to False Peace

John Yoo

in Point of Attack: Preventive War, International Law, and Global Welfare

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199347735
eISBN:
9780199347742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199347735.003.0003
Subject:
Law, Public International Law

International law currently prohibits the use of force except in self-defense or when authorized by the United Nations Security Council. Despite its claims to a long just war pedigree, this rule is a ... More


‘Humane Governance’ as the Moral Responsibility of Rulers in East Asian Confucian Political Philosophy

Chun-chieh Huang

in Morality and Responsibility of Rulers: European and Chinese Origins of a Rule of Law as Justice for World Order

Published in print:
2018
Published Online:
April 2018
ISBN:
9780199670055
eISBN:
9780191749438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199670055.003.0013
Subject:
Law, Public International Law

This chapter explores the East Asian Confucian political thought centred on Humane Governance, and their internally imbedded theoretical issues. Humane Governance is a critical core value in East ... More


Religion and Empire Carl Schmitt’s <i>Katechon</i> between International Relations and the Philosophy of History

Michele Nicoletti

in International Law and Religion: Historical and Contemporary Perspectives

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198805878
eISBN:
9780191843778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805878.003.0016
Subject:
Law, Public International Law, Legal History

Carl Schmitt’s thought on international relations appears from the outset to be profoundly informed by his reflections on the philosophy of history. In this the German jurist seems to be fully ... More


Law Beyond Laws

Tai-Heng Cheng

in When International Law Works: Realistic Idealism After 9/11 and the Global Recession

Published in print:
2012
Published Online:
April 2015
ISBN:
9780195370171
eISBN:
9780190259716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195370171.003.0009
Subject:
Law, Public International Law

This chapter formulates conclusions about this book's account of the international legal system in light of the prior case studies. The justificatory theory of international law provides a framework ... More


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