Cynical International Law Abuse And Circumvention In Public International And European Law 1st edition by Björnstjern Baade, Dana Burchardt, Prisca Feihle – Ebook PDF Instant Download/Delivery:9783662621288, 3662621282
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ISBN 10: 3662621282
ISBN 13: 9783662621288
Author: Björnstjern Baade; Dana Burchardt; Prisca Feihle
Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.
Cynical International Law Abuse And Circumvention In Public International And European Law 1st Table of contents:
Part I. Cynical Foundations of International Law
Cynicism and the Autonomy of International Law
Beyond Cynicism and Critique: International Law and the Possibility of Change
Cynicism as a Modus of Political Agency: Can It Speak to International Law?
Part II. Cynical Actors in International Law
The International Law Commission as a Club of Cynics? Originalism and Legalism in the Commission’s Contemporary Work
The Added Value of the International Law Commission and Its Future Role in the Progressive Development and Codification of International Law
From Speaking Truth to Power to Speaking Power’s Truth: Transnational Judicial Activism in an Increasingly Illiberal World
From Judicialisation to Politicisation? A Response to Daniel Quiroga-Villamarín by an Academic Turned Practitioner
Oceans of Cynicism? Norm-Genesis, Lawfare and the South China Sea Arbitration Case
Peace Through Law? The Role of the Law of the Sea Convention Put into Question
Part III. Cynicism in European Law and Sub-Fields of Public International Law
Assessing the Strategic Use of the EU Preliminary Ruling Procedure by National Courts
In International Law We (Do Not) Trust: The Persistent Rejection of Economic and Social Rights as a Manifestation of Cynicism
In International Law We Shall Trust: (Even in) The Case of Economic and Social Rights
All Is Fair in Law and War? Legal Cynicism in the Israeli-Palestinian conflict
Cynicism? Yes, Please! Embracing Cynicism at the International Criminal Court
Part IV. Cynicism and Abuse of Rights
Abuse of Right in International Law: A Roman Law Analogy
Abuse of Rights: From Roman Law to International Law? Comments on the Contribution by Andrea Faraci and Luigi Lonardo
Cynicism and Nationality Planning in International Investment Law
(New) Ways of Combating Abuse and Circumvention of European Law on the Example of Tax Evasion and Tax Avoidance
Part V. Concluding Observations
Cynicism as an Analytical Lense for International Law? Concluding Observations
Back Matter
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Björnstjern Baade,Dana Burchardt,Prisca Feihle,Cynical International