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Deepening the Conversation between Socio-Legal Theory and Legal Scholarship about Jurisdiction  

Mariana Valverde

Print publication date:
Aug 2019
Online publication date:
Oct 2019
This chapter examines the relationship between social theory and legal studies, paying close attention to the theoretical implications of specific legal technicalities by borrowing ... More

Early Twentieth-Century Positivism Revisited  

Mónica García-Salmones Rovira

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter focuses on Lassa Oppenheim’s (1858–1919) groundbreaking work on the legal theory of international law, which was written at the beginning of the twentieth century. Oppenheim’s ... More

Feminist Approaches to International Law  

Dianne Otto

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter describes encounters between feminism and international law in four parts. It begins by outlining the diversity of feminist visions for (and against) international law to ... More

Hannah Arendt and International Law  

Deborah Whitehall

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter reconsiders the arc of Hannah Arendt’s (1906–1975) writings about international law. Her scattered remarks present a careful pattern of demands upon international law, ... More

Hans Kelsen and the Return of Universalism  

Jochen von Bersnstorff

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter illustrates the deep structure of the Kelsenian approach to international law from an intellectual history perspective. Hans Kelsen (1881–1973) was a Viennese law professor in ... More

Immanuel Kant and Jurisdiction in International Law  

Stephan Wittich

Print publication date:
Aug 2019
Online publication date:
Oct 2019
This chapter discusses Immanuel Kant’s notion of jurisdiction. Kant’s work contains several thoughts and ideas on the scope of regulatory state activities that may well be read as ... More

International Legal Positivism  

Joerg Kammerhofer

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter explores the role of positivism in international law, noting that the term ‘positivism’ itself has many connotations, most of which muddy an already neglected—yet strikingly ... More

International Legal Theory in Russia: A Civilizational Perspective, orCan Individuals be Subjects of International Law?  

Lauri Malksoo

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter argues that the concept of ‘civilization’ may be a useful analytical lens to look through for making sense of international legal theory outside the West. Specifically, it ... More

Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force: What’s the Difference?  

Jan Klabbers

Print publication date:
Jan 2015
Online publication date:
Jun 2016
This chapter examines the international law on the use of force and related terms such as intervention, armed intervention, armed attack, threat to peace, act of aggression, and threat of ... More

Introduction: Theorizing International Law  

Anne Orford and Florian Hoffmann

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This introductory chapter briefly explores the practice of theorizing international law. Theorizing is an inherent part of the practice of international law. Theories of international law ... More

Jus Cogens and the Use of Armed Force  

Andre de Hoogh

Print publication date:
Jan 2015
Online publication date:
Jun 2016
This chapter examines the concept of jus cogens in relation to the use of armed force. It first considers whether the prohibition of the use of armed force possesses the status of a ... More

Kant, Cosmopolitanism, and International Law  

Wouter Werner and Geoff Gordon

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter explores the way in which Kantian ideas have been adopted and transformed in contemporary international law and international theory, with the twofold aim of introducing some ... More

Legal Theory As a Source of International Law: Institutional Facts and the Identification of International Law  

Iain Scobbie

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter argues that legal theory provides conceptions of the sources of international law that differ according to time and place. It employs Neil MacCormick’s explanation of ... More

Legal Theory as a Source of International Law: Doctrine as Constitutive of International Law  

Alain Papaux and Eric Wyler

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter observes that with treaties, customs, general principles, decisions, doctrines, and soft law, we are dealing first and foremost with signs. The very structure of signs is ... More

Marxist Approaches to International Law  

Robert Knox

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter attempts to chart a course through the complex terrain of Marxist theory as applied to international law, especially given that Marxist international legal theory can only be ... More

Moral Philosophy and International Law  

Samantha Besson

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter offers a critical discussion of the origins, aims, and main contributions of moral philosophies of international law. Then, in moving beyond mere exposition, the chapter turns ... More

Natural Law in International Legal Theory: Linear and Dialectical Presentations  

Geoff Gordon

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter presents an overview of three active periods of natural law scholarship bearing on international legal theory, via two stories that illustrate these to effect. The first story ... More

Philosophy of International Law  

Allen Buchanan and David Golove

Print publication date:
Jan 2004
Online publication date:
Sep 2012
This article emphasizes the task of framing some of the central issues of the philosophy of international law. It addresses the normative dimension of international law—the moral theory of ... More

Private Military Companies and the Jus Ad Bellum  

Ian Ralby

Print publication date:
Jan 2015
Online publication date:
Jun 2016
This chapter examines the use of private military companies (PMCs) to deal with international armed conflicts and the prohibition of the use of force in relation to such entities. It ... More

Realist Approaches to International Law  

Oliver Jütersonke

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter outlines some of the linkages between a genuinely legal realist approach to (international) law and jurisprudence, and the claims of political realists about the role and ... More

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