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  • Cambridge University Press (CUP)  (54)
  • International and interdisciplinary legal research  (54)
  • 1
    Online Resource
    Online Resource
    Appropriating Nature: Commerce, Property, and the Commodification of Nature in the Law of Nations
    Cambridge University Press (CUP) ; 2014
    In:  Leiden Journal of International Law Vol. 27, No. 3 ( 2014-09), p. 641-660
    Details
    In: Leiden Journal of International Law, Cambridge University Press (CUP), Vol. 27, No. 3 ( 2014-09), p. 641-660
    Abstract: This article explores the structural link between international law's long-standing doctrinal commitment to commerce and its inability to act decisively on behalf of the environment. One of the fundamental rights the early authors of jus gentium discovered was the right to engage in commerce. Francisco de Vitoria, Alberico Gentili, and Hugo Grotius each drew on and applied a providentialist theory of commerce. The doctrine held that Providence distributed scarcity and plenty across the earth so that peoples could not be self-sufficient, but would need to go in search of one another in order to acquire what they lacked. Commerce imagined in its pure form of reciprocal, mutually beneficial exchange would be the means to bring separated mankind to friendship. The embrace of the providentialist doctrine by these early exponents of the law of nations, carried forward by Emer de Vattel, set the stage for international law's longstanding commitment to international commerce, viewed (despite all the distortions) as a virtuous activity that tends to the common good. The doctrine's additional legacy was the installation of a view of nature as commodity. The providentialist doctrine of commerce, adopted by the early authors of international law, remains embedded in the structure of international law and cannot easily be dislodged. Until this doctrine is dislodged, however, international law will continue to be hobbled in its ability to address the urgent task of protecting the natural environment.
    Type of Medium: Online Resource
    ISSN: 0922-1565 , 1478-9698
    URL: Article
    DOI: 10.1017/S0922156514000247
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 2014
    detail.hit.zdb_id: 2017891-8
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  • 2
    Online Resource
    Online Resource
    Some Reflections on the Nature of Arbitration
    Cambridge University Press (CUP) ; 1993
    In:  Leiden Journal of International Law Vol. 6, No. 2 ( 1993-08), p. 265-277
    Details
    In: Leiden Journal of International Law, Cambridge University Press (CUP), Vol. 6, No. 2 ( 1993-08), p. 265-277
    Abstract: The Secretary-General of the United Nations, Dr. Boutros Boutros-Ghali, in his perceptive Introduction to this second Special Issue of the Leiden Journal of International Law notes that the occasion of this publication provides an opportunity for “reflections on international dispute settlement”. I respond to this opportunity by offering ten personal reflections based on experiences gained from participating for some years in the arbitral process as a lawyer, as a co-draftsman of a number of arbitration rules and laws, and, for the last decade, as an arbitrator on an international tribunal.
    Type of Medium: Online Resource
    ISSN: 0922-1565 , 1478-9698
    URL: Article
    DOI: 10.1017/S0922156500002673
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 1993
    detail.hit.zdb_id: 2017891-8
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  • 3
    Online Resource
    Online Resource
    The Contemporary Legal Nature of UN Security Council Ceasefire Resolutions
    Cambridge University Press (CUP) ; 2013
    In:  Leiden Journal of International Law Vol. 26, No. 2 ( 2013-06), p. 369-397
    Details
    In: Leiden Journal of International Law, Cambridge University Press (CUP), Vol. 26, No. 2 ( 2013-06), p. 369-397
    Abstract: This article sets out to examine the legal nature of ceasefire resolutions issued by the United Nations Security Council. While it has become common practice for the Council to issue calls or demands for ceasefires, their legal nature – and in particular whether they are legally binding – remains unclear. Furthermore, given the ubiquity of non-international armed conflict, there is an additional challenge with regard to the legal effect of such resolutions upon non-state armed groups. The article provides an analysis of these issues and concludes with a potential way forward.
    Type of Medium: Online Resource
    ISSN: 0922-1565 , 1478-9698
    URL: Article
    DOI: 10.1017/S0922156513000083
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 2013
    detail.hit.zdb_id: 2017891-8
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  • 4
    Online Resource
    Online Resource
    Locating Nature: Making and Unmaking International Law
    Cambridge University Press (CUP) ; 2014
    In:  Leiden Journal of International Law Vol. 27, No. 3 ( 2014-09), p. 573-593
    Details
    In: Leiden Journal of International Law, Cambridge University Press (CUP), Vol. 27, No. 3 ( 2014-09), p. 573-593
    Abstract: This article explores the relationship between international law and the natural environment. We contend that international environmental law and general international law are structured in ways that systemically reinforce ecological harm. Through exploring the cultural milieu from which international environmental law emerged, we argue it produced an impoverished understanding of nature that is incapable of responding adequately to ecological crises. We maintain that environmental issues should not be confined to a disciplinary specialization because humanity's relationship with nature has been central to making international law. Foundational concepts such as sovereignty, development, property, economy, human rights, and so on, have evolved through understanding nature in ways that are unsuited to perceiving or observing ecological limits. International law primarily sees nature as a resource for wealth generation to enable societies to continually develop, and environmental degradation is treated as an economic externality to be managed by special regimes. Through tracing the co-evolution of these assumptions about nature alongside seminal disciplinary concepts, it becomes evident that such understandings are central to shaping international law and that the discipline helps universalize and normalize them. By comprehending more broadly the relationship between nature and international law, it is possible to see beyond law's potential to correct environmental harm and identify the disciplinary role in driving ecological degradation. Venturing beyond the purview of international environmental lawyers, this article considers the role of all international lawyers in augmenting and mitigating ecological crises. It concludes that disciplinary solutions to environmental problems require radical departures from existing disciplinary tenets, necessitating new formulations that encapsulate rich and diverse understandings of nature.
    Type of Medium: Online Resource
    ISSN: 0922-1565 , 1478-9698
    URL: Article
    DOI: 10.1017/S0922156514000211
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 2014
    detail.hit.zdb_id: 2017891-8
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  • 5
    Online Resource
    Online Resource
    Public law, knowledge and explanation: a critique on the facilitative nature of public law analysis
    Cambridge University Press (CUP) ; 2006
    In:  International Journal of Law in Context Vol. 2, No. 4 ( 2006-12), p. 377-392
    Details
    In: International Journal of Law in Context, Cambridge University Press (CUP), Vol. 2, No. 4 ( 2006-12), p. 377-392
    Abstract: The aim of this paper is to examine why public law is able to incorporate political theory but excludes feminist critiques. In order to achieve this goal a form of discourse analysis will be undertaken using epistemological and scientific perceptions of knowledge and explanation. This approach is both unusual and unique but will illustrate some of the exclusionary suppositions which underpin analysis within public law. The paper will conclude that only by adopting an alternative starting point for analysis, such as the use of concepts, will public law be able to incorporate alternative and critical approaches.
    Type of Medium: Online Resource
    ISSN: 1744-5523 , 1744-5531
    URL: Article
    DOI: 10.1017/S1744552306004034
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 2006
    detail.hit.zdb_id: 2188523-0
    SSG: 2
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  • 6
    Online Resource
    Online Resource
    The illusory nature of ontological status and its implications for legal, moral and social organisation – RETRACTION
    Cambridge University Press (CUP) ; 2019
    In:  International Journal of Law in Context Vol. 15, No. 1 ( 2019-03), p. 103-103
    Details
    In: International Journal of Law in Context, Cambridge University Press (CUP), Vol. 15, No. 1 ( 2019-03), p. 103-103
    Type of Medium: Online Resource
    ISSN: 1744-5523 , 1744-5531
    URL: Article
    DOI: 10.1017/S1744552318000307
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 2019
    detail.hit.zdb_id: 2188523-0
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  • 7
    Online Resource
    Online Resource
    The Oxford LawyerThe Michaelmas 1959 issue of this students' journal published twice a year, is edited at Christ Church. It contains material of a mainly comparative nature, including an article by Harold Berman on his copyright litigation in Moscow and a number of articles on American practice, including one by Professor W. Friedmann on American Legal Education. The idea of a specialised issue of this kind is to be commended.
    Cambridge University Press (CUP) ; 1960
    In:  International and Comparative Law Quarterly Vol. 9, No. 1 ( 1960-01), p. 174-174
    Details
    In: International and Comparative Law Quarterly, Cambridge University Press (CUP), Vol. 9, No. 1 ( 1960-01), p. 174-174
    Type of Medium: Online Resource
    ISSN: 0020-5893 , 1471-6895
    URL: Article
    DOI: 10.1093/iclqaj/9.1.174
    RVK:
    PR 1000
    RVK:
    PT 100
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 1960
    detail.hit.zdb_id: 2044426-6
    detail.hit.zdb_id: 2911-7
    SSG: 2
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  • 8
    Online Resource
    Online Resource
    Unpacking the Multifaced Nature of the Systemic and the Particular in European Law: An Introduction
    Cambridge University Press (CUP) ; 2023
    In:  German Law Journal Vol. 24, No. 6 ( 2023-09), p. 941-947
    Details
    In: German Law Journal, Cambridge University Press (CUP), Vol. 24, No. 6 ( 2023-09), p. 941-947
    Type of Medium: Online Resource
    ISSN: 2071-8322
    URL: Article
    DOI: 10.1017/glj.2023.64
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 2023
    detail.hit.zdb_id: 2074128-5
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  • 9
    Online Resource
    Online Resource
    “Advise and Rule” or “Rule by Advising”: The Changing Nature of the Advisory Jurisdiction of the Constitutional Court of Kosovo
    Cambridge University Press (CUP) ; 2020
    In:  German Law Journal Vol. 21, No. 8 ( 2020-12), p. 1570-1585
    Details
    In: German Law Journal, Cambridge University Press (CUP), Vol. 21, No. 8 ( 2020-12), p. 1570-1585
    Abstract: Constitutional courts play an essential role in authoritatively interpreting constitutions. Oftentimes they go beyond the constitutional text by inventing so-called judge-made law. Their authority to interpret the text covers not only substantive parts but also the clause authorizing their jurisdiction. Such power, namely the power to interpret the limits of their jurisdiction, is often used to intervene in the interpretation of the constitution more vigorously than explicitly authorized. One example is the invention, designation, and development of the advisory jurisdiction by the Constitutional Court of the Republic of Kosovo. On that basis, the Court has, for almost ten years of its existence, pronounced on numerous fundamental issues relating to the governing system, power maps, and entitlements on political authority. The Court developed its advisory jurisdiction in a rather unpredictable and impulsive fashion; however, it steadily revealed its willingness to engage with interpretations that sought to resolve high-stakes issues. Such braveness also had a credibility cost for the Court. The year 2018 marked a major shift in the Court’s interpretation of its own jurisdiction to “advise.” In the Central Election Commission case, it abandoned its previous precedent and commenced a passive, restrained attitude in engaging with the constitutional interpretation on the basis of case or controversy. This Article analyzes the Court’s path and change of course in this cycle.
    Type of Medium: Online Resource
    ISSN: 2071-8322
    URL: Article
    DOI: 10.1017/glj.2020.89
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 2020
    detail.hit.zdb_id: 2074128-5
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  • 10
    Online Resource
    Online Resource
    Locating Nature: Making and Unmaking International Law: Introduction
    Cambridge University Press (CUP) ; 2014
    In:  Leiden Journal of International Law Vol. 27, No. 3 ( 2014-09), p. 571-572
    Details
    In: Leiden Journal of International Law, Cambridge University Press (CUP), Vol. 27, No. 3 ( 2014-09), p. 571-572
    Abstract: Environmental harm is of increasing concern to peoples and states all over the world, whether in relation to ensuring access to healthy air, water, food, and sustainable livelihoods, or coping with the diversity of challenges posed by changing climates and ecologies. While international lawyers have focused on crafting solutions to environmental problems, less attention is paid to the disciplinary role in fostering harmful and unsustainable behavioural patterns. Environmental issues are usually relegated to the specialized field of international environmental law. This project explores instead the role of nature in the general discipline, arguing that the natural environment is a determinative factor in shaping international law, and that assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, economy, property, and human rights.
    Type of Medium: Online Resource
    ISSN: 0922-1565 , 1478-9698
    URL: Article
    DOI: 10.1017/S092215651400020X
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 2014
    detail.hit.zdb_id: 2017891-8
    SSG: 2
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