Cynical International Law?
Abuse and Circumvention in Public International and European Law
Buch in deiner Nähe kaufen
Beschreibung
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.
The very first dedicated examination of the phenomenon of cynicism in international law Provides a comprehensive analysis, including the theoretical foundations of law, the role of important actors such as the International Law Commission and international judges, and specific fields of international law such as international humanitarian law and investment law Includes a historically-informed analysis of the doctrine of 'abuse of rights' which is so far under-researched in public international and European Union Law
Autor*in
Björnstjern Baade
Themen in »Cynical International Law?«
Cynical International Law Abuse of law Circumvention of law Abuse of rights Foundations of International Law Strategic litigation International legal actors