The advancement of international law (Record no. 117255)

MARC details
000 -LEADER
fixed length control field 04824nam a2200433 a 4500
001 - CONTROL NUMBER
control field EBC1772660
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20240121035821.0
006 - FIXED-LENGTH DATA ELEMENTS--ADDITIONAL MATERIAL CHARACTERISTICS
fixed length control field m o d |
007 - PHYSICAL DESCRIPTION FIXED FIELD--GENERAL INFORMATION
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008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 110110s2010 enk sb 001 0 eng d
010 ## - LIBRARY OF CONGRESS CONTROL NUMBER
Canceled/invalid LC control number 2010487941
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
Canceled/invalid ISBN 9781841132785 (cloth)
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
Canceled/invalid ISBN 1841132780 (cloth)
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
Canceled/invalid ISBN 9781847316035 (e-book)
035 ## - SYSTEM CONTROL NUMBER
System control number (MiAaPQ)EBC1772660
035 ## - SYSTEM CONTROL NUMBER
System control number (Au-PeEL)EBL1772660
035 ## - SYSTEM CONTROL NUMBER
System control number (CaPaEBR)ebr10461100
035 ## - SYSTEM CONTROL NUMBER
System control number (CaONFJC)MIL305954
035 ## - SYSTEM CONTROL NUMBER
System control number (OCoLC)712015715
040 ## - CATALOGING SOURCE
Original cataloging agency MiAaPQ
Transcribing agency MiAaPQ
Modifying agency MiAaPQ
050 #4 - LIBRARY OF CONGRESS CALL NUMBER
Classification number KZ3410
Item number .L433 2010
082 04 - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number 341
Edition number 22
100 1# - MAIN ENTRY--PERSONAL NAME
Personal name Leben, Charles.
245 14 - TITLE STATEMENT
Title The advancement of international law
Medium [electronic resource] /
Statement of responsibility, etc. Charles Leben.
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Place of publication, distribution, etc. Oxford, [England] ;
-- Portland, Or. :
Name of publisher, distributor, etc. Hart Pub.,
Date of publication, distribution, etc. 2010.
300 ## - PHYSICAL DESCRIPTION
Extent xii, 333 p.
490 1# - SERIES STATEMENT
Series statement French studies in international law ;
Volume/sequential designation v. 3
504 ## - BIBLIOGRAPHY, ETC. NOTE
Bibliography, etc. note Includes bibliographical references and index.
505 0# - FORMATTED CONTENTS NOTE
Formatted contents note State contracts and their governing law : a reappraisal -- The international responsibility of states based on investment promotion and protection treaties -- The state's normative freedom and the question of indirect expropriation -- Some theoretical reflections on state contracts -- Hans Kelsen and the advancement of international law -- The notion of Civitas Maxima in Kelsen's work -- International courts in an interstate society -- The state within the meaning of international law and the state within the meaning of municipal law (on the theory of the dual personality of the state) -- On the legal nature of the European Communities centralisation/decentralisation of a legal order -- A federation of nation states or a federal state? -- Is there a European approach to human rights?.
520 ## - SUMMARY, ETC.
Summary, etc. The advancement of international law presupposes that the objections are met. The 'realist' objection claims that sovereign states deciding matters cast over the precept that 'might is right'. This title shows the invention of two techniques in positive law: state contracts and transnational arbitration without privity.
Expansion of summary note Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. The essays collected in this book are arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.
533 ## - REPRODUCTION NOTE
Type of reproduction Electronic reproduction. Ann Arbor, MI : ProQuest, 2015. Available via World Wide Web. Access may be limited to ProQuest affiliated libraries.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element International law.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element International law
General subdivision History.
655 #4 - INDEX TERM--GENRE/FORM
Genre/form data or focus term Electronic books.
710 2# - ADDED ENTRY--CORPORATE NAME
Corporate name or jurisdiction name as entry element ProQuest (Firm)
830 #0 - SERIES ADDED ENTRY--UNIFORM TITLE
Uniform title French studies in international law ;
Volume/sequential designation v. 3.
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://ebookcentral.proquest.com/lib/bacm-ebooks/detail.action?docID=1772660">https://ebookcentral.proquest.com/lib/bacm-ebooks/detail.action?docID=1772660</a>
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