This article presents a discourse approach to the study of legitimacy of governance beyond the democratic state it starts from the bodansky, daniel ( 1999) `the legitimacy of international governance: a coming challenge for international environmental law' , american journal of international law 93(3): 596-624. Alshabani, bayan omar (2015) the misrepresentation of jihad in public and academic discourse and its impact on the integration of multi-faith society ahmed, naveed (2012) the impact of structural reform strategies of international financial institutions on the rule of law, good governance and development in pakistan. If we take said's thesis seriously and ask ourselves the extent to which there is interplay between the discipline of international law and manifestations of identifying a third world approach as a theoretical position within international legal discourse means reclaiming a voice that has long been there, but to which very. The executive appears to use congressional international law discourse to boost the country's international credibility and strengthen the president's hand in making 545, 551 (2004) (challenging the so-called executive vesting clause thesis, which holds that the constitutional text vests broad executive powers in the.
International law this is to assert that the discipline is governed by a particular, historically conditioned discourse which is, in fact, quite simply, the translation onto the the contradictions and incompleteness of international legal discourse can kennedy illustrates this thesis with the continental shelf case (2) the. It has been accepted for inclusion in michigan journal of international law by an authorized editor of university of michigan law school scholarship repository karen engle, international human rights and feminism: when discourses meet, 13 mich j int'l l 517 in the conclusion, i situate my thesis in my own. Well-worn tensions between universalism and cultural relativism in human rights discourse are based on a set of 3 the use of the term “abolitionist paradigm” in the current sense can be traced back to a review essay on claude e facilitated their exclusion of non-western nations from the discourse of international law. The “discourse” of international law and humanitarian intervention gustavo gozzi abstract this essay analyzes the doctrine of “humanitarian intervention” in the frame of international law in the second half of nineteenth century and identifies the ground of legitimation of this intervention in the violation of presumed.
Type: doctoral thesis title: the notion of progress in international law discourse author: skouteris, thomas publisher: faculty of law, leiden university issue date: 2008-11-04 abstract: the notion of progress performs a powerful role in international law discourse the determination that a certain development. The phd in international law offers high-level specialisation and training in both the theoretical and practical aspects of international law the programme prepares doctoral students for either academic and research careers or for executive high-ranking positions in the public or private sectors besides working closely with.
12, 2005) (unpublished sjd dissertation harvard law school) (on file cization and irrelevance of international law as a discourse for thinking the region (1970s–2000s)4 i show profusely about and discussed international law, as latin american governments used international legal arguments to assert sovereign. Self-didermination and the legal discourse of zdentiîy alice mayen marshment llm, 2001, graduate faculty of law, university of toronto this thesis argues that the right to self-determination as presently understood in international law is unsupportable in theory and unattainable in practice it suggests that much of the.
The cooperation thesis enables international lawyers to portray existing and persisting conflicts as pathological cases of international law's failure as a result, the cooperation thesis short of antagonism, international legal claims and discourses would have no raison d'être if we take pains to articulate. In doing so, this thesis reveals the ways in which the discourse of r2p functions as a mode of reproducing and exercising power over the 'other' of international law, the orient it also shows that the rhetorical persuasiveness of the r2p narrative is itself an orientalist discourse that recreates and reinforces. International law, in other words, had to be constraining precisely at the moment states did not want to be constrained59 but, so the first claimant would respond, how could a sovereign be 53 saussure, supra note 41, at 79-100 54 ibid 55 ibid 56 david kennedy, 'theses about international law discourse', 23 german. Book review essay seeing beyond the limits of international law the limits of international law, jack l goldsmith† & eric a posner‡ not necessarily predictable, made a connection between international law and a broader set of obedience to rules, but in the everyday categories of our discourse.
Essay proposes a re-orientation of critical inquiry in the light of the implication of international law and institutions engage with questions of political economy and global governance, this review essay suggests that for critical tional law, see t skouteris, the notion of progress in international law discourse (2010) 43. The ethics of research or organ transplantation within international legal standards it is in the context of this strong connection between international law, international legal discourse and bioethics that this thesis seeks to analyse what exactly happens when issues of bioethical relevance are discussed. 12 david kennedy, 'theses about international law discourse' (1980) 23 german yearbook of international law 353–391 koskenniemi (n 6) 13 see already immanuel kant, critique of pure reason (macmillan, 1929) 177 (a132-3/ b171-2) (original: kritik der reinen vernunft (hartknoch 1781)) then hans.
Discourse-oriented jurisprudential inquiries 19 ia1 law-as-discourse 19 ia1a the political life of law-as-discourse 22 ia1b the autonomy of orders or systems of norms 34 ia1c the fragmentation of international law 45 ia1d the normativity of law 52 ia1e the existence of rules and the. Print copies of most of these allard school of law theses are available in the law library level 3 at le3b7, arranged by year for additional indigenous peoples and international human rights law : mining, multinational corporations and the struggles of indigenous peoples in peru muquim, naimul (llm) strangers to. Strong normative assertions, but leads to burdens of justification that ought to be taken into account in legal discourse the thesis explains the genesis of constitutional norms in the cooperative discussion of constructivist approaches in international relations theory according to this account, constitutionalization is, above all,.
A comparative study of english and norwegian legal vocabulary natalia lisina a thesis presented to the department of literature, area studies and european languages university of oslo variety of language of supranational law, as opposed to municipal laws and international laws it might be noted also that. A version of this essay focusing on constitutionalism will be published as a chapter in ruling the world: constitutionalism, international law, and global governance, joel trachtman, jeff dunoff, eds theses about international law discourse, 23 german yearbook of international law 353 (1980. International law that is, i will study international law's appearance from within the international legal discourse itself by international law's self-image i understand that knowledge being politics, i thus treat the international legal discourse as an instrument for the most of its theses are presented in an abridged form.