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This book draws on Pashukanis, critical legal studies and the history of international regulation to critique existing theories of international law. It constructs an alternative Marxist approach, and argues that imperialism is intrinsic to international law.
At a time when global debates about the movement of people have never been more heated, this book provides readers with an accessible, student-friendly guide to the subject of forced migration. Readers of this book will learn who forced migrants are, where they are and why international protection is critical in a world of increasingly restrictive legislation and policy. The book outlines key definitions, ideas, concepts, points for discussion, theories and case studies of the various forms of forced migration. In addition to this technical grounding, the book also signposts further reading and provides handy Key Thinker boxes to summarise the work of the field’s most influential academics...
This book provides an accessible and highly engaging discussion of customary international law. It employs an original theoretical perspective to unpack the structures of thought that lie beneath any claims made regarding customary international law.
As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947–1990) and economic liberalism (1991–2010). However, post 2010, India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. To balance investment protection with the State’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.
This book considers refugee protection mandates and addresses how legal scholarship can articulate a comprehensive and humane response to the contemporary refugee problem. Analyzing philosophical discourses and India’s policies and practices on refugee protection, including judgments of Indian Courts in refugee related cases, it examines how organizational efforts can make these policies and practices equal for every refugee in India. It also surveys prevailing discriminative protection standards and entitlements developed through Conventions, Declaration and Directives, and compares and contrasts national refugee legislations in South Africa, Brazil and Canada. A key read for scholars and practitioners interested in the legal and policy implications of refugee protection, this text identifies various practices of nation-States from across the North/South divide and provides key insights into the evolving nature of protection agendas.
This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.
This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.
In this, the first book to deal with the concepts of war power and police power together, Mark Neocleous conducts a critical exploration of the ways in which war power and police power are intertwined in the form of state violence and exercised in social
Weston, Falk, Charlesworth, and Strauss's International Law and World Order is a problem-oriented coursebook that poses four clusters of world order problems that require students to identify and frame legal issues in factual context. It enables students to: Determine the relevance of information Organize relevant law and policy Test their analytical skills Develop a critical understanding of the possibilities of international law Explore the nature of international law and the structure of its processes Examine the relationship of international law and lawyers to the world order The text focuses on the current work of the International Criminal Tribunals for the Former Yugoslavia and Rwanda. Comprises a series of hypothetical problems involving fictional countries in "real world" decision-making settings, organized around themes that conveniently cluster the principal challenges to the cu