Universalism and Equal Sovereignty as Contested Myths of International Law in the Sino-Western Encounter
In: Journal of the History of International Law, Band 13, Heft 1, S. 75-116
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In: Journal of the History of International Law, Band 13, Heft 1, S. 75-116
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In: International affairs, Band 93, Heft 3, S. 563-579
ISSN: 0020-5850
World Affairs Online
In: The Australian yearbook of international law, Band 8, Heft 1, S. 1-19
ISSN: 2666-0229
In: International affairs, Band 93, Heft 3, S. 563-579
ISSN: 1468-2346
In: Constellations: an international journal of critical and democratic theory, Band 11, Heft 4, S. 537-550
ISSN: 1351-0487
Criticizes Carl Schmitt's analysis of liberal universalistic international law. Schmitt's method for contrasting contemporary realities with an idealized "golden age" of international relations is analyzed with attention to his references to Thomas Hobbes & examples of historical distortions. L. Collins Leigh
In: Constellations: an international journal of critical and democratic theory, Band 11, Heft 4, S. 537-550
ISSN: 1467-8675
In: New York University Law Review, Band 84
SSRN
In: Constellations, Band 11, Heft 4, S. 537-550
In: Russia in global affairs, Band 14, Heft 2, S. 87-101
ISSN: 1810-6374
World Affairs Online
In: R.V.P.S. Gama & W. Menezes (dir.), Paz de Westphalia/Peace of Westphalia (1648-2008), Sao Paulo: University Press, 2013
SSRN
In: UCLA Journal of International Law and Foreign Affairs, Band 19, Heft 113
SSRN
In: Gosudarstvo i pravo, Heft 8, S. 136
The article deals with an urgent problem related to the prospects for further development of International Law. The point of view is substantiated that the existing views and concepts that depict the gloomy future of International Law are subjective interpretations of the objective process of development of the latter, giving rise to myths circulating in the scientific and expert environment. History shows that during the period of aggravation of the geopolitical situation in the world, the role of International Law is temporarily weakened and questioned. The author comes to the conclusion, that the evolution of modern International Law can be represented as a symbolic, constantly oscillating pendulum. This situation will continue for a long time until the developing globalization brings human civilization to a stable state.
In: Indian journal of international law, Band 56, Heft 3-4, S. 427-461
ISSN: 2199-7411
Environmental law is pervaded by myths—i.e., assumptions that are inaccurate, misleading, or false. These myths arise in various contexts, ranging from wetlands mitigation schemes and pollution credit trading programs to legal regimes premised on the concept of sustainability. This Article explores several myths of environmental law, their origins, and their roles. While political reasons explain in part the creation and prevalence of these myths, more is at work behind these myths than mere politics or failures to implement the law. The myths of environmental law facilitate the management of ecologically complex systems by providing a reductionist account of them. Beyond that, these myths serve important expressive functions in communicating social attitudes and values, legitimating social institutions and practices, and maintaining social solidarity. Awareness of myth's roles in environmental law can enable society to address legal shortcomings that are thereby revealed and to reject or replace those myths that undermine environmental law's goals.
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In: Arizona Law Review, Band 62
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