Research Handbook On The Theory And History Of International Law
Edited by Alexander Orakhelashvili, University of Birmingham, UK
Elgar original reference
|2011 560 pp Hardback 978 1 84844 354 9
|2013 Paperback 978 0 85793 295 2
|ebook isbn 978 0 85793 308 9
Hardback £165.00 on-line price £148.50
Paperback £44.00 on-line price £35.20
Series: Research Handbooks in International Law series
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‘. . . the individual chapters are all eminently informative and very readable. It is therefore certainly true, as stated in the foreword by Philip Allott, that this Handbook will “encourage more thinkers and more thought” on international thought, and this is why it is. . . a very welcome addition to the literature.’
– Björn Elberling, German Yearbook of International Law
Contributors: J. Allain, W.E. Butler, P. Capps, R. Cryer, C. Focarelli, J. Kammerhofer, R. Lesaffer, A. Lev, L. Mälksoo, F. Mégret, A. Orakhelashvili, I. Scobbie, A. Wijffels, K.S. Ziegler
Full table of contents
This pioneering Research Handbook, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law.
Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are.
Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.
PART I: THE ESSENCE AND DEVELOPMENT OF INTERNATIONAL LEGAL THEORY
1. The Relevance of Theory and History – The Essence and Origins of International Law
2. Early-Modern Scholarship on International Law
3. Natural Law and the Law of Nations
4. The Origins of Consensual Positivism – Pufendorf, Wolff and Vattel
5. The Transformation of International Law in the 19th Century
6. Hans Kelsen’s Place in International Legal Theory
7. ‘The Holiness of the Heart’s Affection’: Philip Allott’s Theory of Social Idealism
PART II: THEMATIC ASPECTS OF INTERNATIONAL LEGAL THEORY
8. International Human Rights Law Theory
9. The Philosophy of International Criminal Law
10. International Law and EU Law: Between Asymmetric Constitutionalisation and Fragmentation
Katja S. Ziegler
11. International Law, International Politics and Ideology
PART III: HISTORY OF INTERNATIONAL LAW
12. Periodization and International Law
William E. Butler
13. Acculturation through the Middle Ages: The Islamic Law of Nations and its Place in the History of International Law
14. The Classical Law of Nations (1500–1800)
15. The 19th-Century Life of International Law
16. International Law between Universality and Regional Fragmentation. The Historical Case of Russia
17. International Law in the 20th Century