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This book comes out at a time of grave uncertainty about the content and the very existence of international legal restraints on the use of force, in the international community as well as among legal scholars. The time is therefore ripe for an in-depth analysis on the methodological issues which constitute the basic bricks on which the legal discourse about the state of the law must be built. By offering the result of an open and frank discussion about the methodology of determining the law on the use of force "at a time of perplexity", this timely book constitutes an invaluable contribution to legal analysis.
Intervention (International law) --- Military policy --- Decision making --- Military intervention --- Diplomacy --- International law --- Neutrality --- Decision making. --- Aggression (International law) --- Customary law, International --- Customary international law --- International customary law --- Jus cogens (International law) --- Military policy - Decision making
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International and municipal law --- Law --- Droit international et droit interne --- Droit --- European Union --- European Union countries --- Pays de l'Union européenne --- Foreign relations --- Relations extérieures --- Public International law and the EU --- International law --- -European Union countries --- -341.2422 --- Um4 --- Law of nations --- Nations, Law of --- Public international law --- Public International law and the EU. --- Pays de l'Union européenne --- Relations extérieures --- 341.2422 --- International and municipal law - European Union countries
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To what extent does our conceptual apparatus allow us to understand and describe changes in law? What can an observation of law in its dynamic moments contribute to our research activity, from an analytical point of view? The objective of the volume is to attempt a first approach to the analysis of an unusual topic: law in motion. The studies gathered here analyze some specific legal experiences of the law movement, taking into account three particular profiles: the circulation of persons, the circulation of law (referring both to knowledge, to legal cultures, and to regulatory options), the circulation of rights (referring to the multiplicity of forms of legal protection and their dissemination).
Law, General & Comparative --- Law, Politics & Government --- Migraciones --- Justicia internacional --- Constitución --- Mestizaje jurídico --- Derechos --- Espacialización --- Colonialismo --- Ciencia jurídica --- Ciudadanía
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The experience of human rights is manifested through lights and shadows, since rights take their form in a complex game of reflections in which the demands for emancipation are linked to the logic of domination. From a phenomenological point of view, rights seem to be crossed by a dichotomy through which universality does not modify (perhaps consolidates) the fact of its ineffectiveness, generality does not resolve (perhaps hides) discriminatory dynamics, multiplication rather than peace social produces contrast. Legal regimes of rights are also interested in the transformation of the production process itself; This derives from a complication of the relationship between politics and justice: at the same time that politics is judicialized, justice is politicized. The profound changes present in the contemporary world, which shape a new geopolitical space and an unprecedented pluralism of values in a context of cultural diversity, act as factors that modify the meaning of the human rights discourse. The analyzes contained in this volume are developed on different legal and philosophical areas. Starting from the direct examination of some key issues, they highlight these complex problems and point out the urgent need for reflection on possible ways to correspond to the demands for freedom and justice expressed in the demand for rights.
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Recent developments in both the EU and the global legal order call for a reassessment of the role of international law within the European Union. International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union. Recent case law of the European Court of Justice prompted both scholars and practitioners to reconsider the relationship between EU law and international law. This volume reveals the practical development and consequences of this relationship, and places it in a conceptual framework by pointing to key arguments in the current debate. International Law as Law of the European Union thus forms an essential guide for academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.
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The experience of human rights is manifested through lights and shadows, since rights take their form in a complex game of reflections in which the demands for emancipation are linked to the logic of domination. From a phenomenological point of view, rights seem to be crossed by a dichotomy through which universality does not modify (perhaps consolidates) the fact of its ineffectiveness, generality does not resolve (perhaps hides) discriminatory dynamics, multiplication rather than peace social produces contrast. Legal regimes of rights are also interested in the transformation of the production process itself; This derives from a complication of the relationship between politics and justice: at the same time that politics is judicialized, justice is politicized. The profound changes present in the contemporary world, which shape a new geopolitical space and an unprecedented pluralism of values in a context of cultural diversity, act as factors that modify the meaning of the human rights discourse. The analyzes contained in this volume are developed on different legal and philosophical areas. Starting from the direct examination of some key issues, they highlight these complex problems and point out the urgent need for reflection on possible ways to correspond to the demands for freedom and justice expressed in the demand for rights.
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The experience of human rights is manifested through lights and shadows, since rights take their form in a complex game of reflections in which the demands for emancipation are linked to the logic of domination. From a phenomenological point of view, rights seem to be crossed by a dichotomy through which universality does not modify (perhaps consolidates) the fact of its ineffectiveness, generality does not resolve (perhaps hides) discriminatory dynamics, multiplication rather than peace social produces contrast. Legal regimes of rights are also interested in the transformation of the production process itself; This derives from a complication of the relationship between politics and justice: at the same time that politics is judicialized, justice is politicized. The profound changes present in the contemporary world, which shape a new geopolitical space and an unprecedented pluralism of values in a context of cultural diversity, act as factors that modify the meaning of the human rights discourse. The analyzes contained in this volume are developed on different legal and philosophical areas. Starting from the direct examination of some key issues, they highlight these complex problems and point out the urgent need for reflection on possible ways to correspond to the demands for freedom and justice expressed in the demand for rights.
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