d Aspremont, Jean's Books

The Discourse on Customary International Law

By: Jean d'Aspremont

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The Discourse on Customary International Law

By: Jean d'Aspremont

Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law. The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.

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193

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Oxford University Press

Published Date

ISBN 10

0192657704

ISBN 13

9780192657701

Expansionism in International Human Rights Law

By: Işıl Aral,Jean D'Aspremont

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Expansionism in International Human Rights Law

By: Işıl Aral,Jean D'Aspremont

This book explores a specific discursivity at work in international human rights law. It examines the ways in which the discourse on international human rights law constantly expands its domain while preserving its distinctiveness from general international law. It particularly exposes the oscillations between generalist and exceptionalist claims made in international human rights law for the sake of expanding its scope. Reviewing several contemporary controversies on international human rights law, it sheds lights on the possible drivers behind such expansionist discursivity.

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106

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BRILL

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ISBN 10

9004696083

ISBN 13

9789004696082

After Meaning

The Sovereignty of Forms in International Law

By: d’Aspremont, Jean

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After Meaning

The Sovereignty of Forms in International Law

By: d’Aspremont, Jean

Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.

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168

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Edward Elgar Publishing

Published Date

ISBN 10

1802200924

ISBN 13

9781802200928

International Law as a Belief System

By: Jean d'Aspremont

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International Law as a Belief System

By: Jean d'Aspremont

Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?

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179

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Cambridge University Press

Published Date

ISBN 10

1108421873

ISBN 13

9781108421874

The Discourse on Customary International Law

By: Jean D'Aspremont

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The Discourse on Customary International Law

By: Jean D'Aspremont

The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment"--Page 4 de la couverture.

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193

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Oxford University Press

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ISBN 10

0192843907

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9780192843906

International Law as a Belief System

By: Jean d'Aspremont

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International Law as a Belief System

By: Jean d'Aspremont

Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?

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179

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Cambridge University Press

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1108421873

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9781108421874

The Critical Attitude and the History of International Law

By: Jean D'Aspremont

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The Critical Attitude and the History of International Law

By: Jean D'Aspremont

This book questions the critical attitude that is informing the critical histories that have been flourishing since the ‘historical turn’ in international law. It makes the argument that the ‘historical turn’ falls short of being radically critical as the abounding critical histories which have come to populate the international literature over the last decades continue to be orchestrated along the very lines set by the linear historical narratives which they seek to question and disrupt, thereby repressing the imagination of international lawyers. It makes the point that the critical histories that have accompanied the ‘historical turn’ have contributed to the repression of disciplinary imagination just like other linear disciplinary histories. This book argues that the critical histories must move beyond a mere historiographical attitude and promotes radical historical critique in order to unbridle disciplinary imagination.

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BRILL

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9004411631

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9789004411630

Formalism and the Sources of International Law

A Theory of the Ascertainment of Legal Rules

By: Jean d'Aspremont

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Formalism and the Sources of International Law

A Theory of the Ascertainment of Legal Rules

By: Jean d'Aspremont

This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.

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1494

Publisher

OUP Oxford

Published Date

ISBN 10

0191504831

ISBN 13

9780191504839

Epistemic Forces in International Law

By: Jean d'Aspremont

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Epistemic Forces in International Law

By: Jean d'Aspremont

Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh

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275

Publisher

Edward Elgar Publishing

Published Date

ISBN 10

178195528X

ISBN 13

9781781955284

Litigating War

Mass Civil Injury and the Eritrea-Ethiopia Claims Commission

By: Sean D. Murphy,Won Kidane,Thomas R. Snider

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Litigating War

Mass Civil Injury and the Eritrea-Ethiopia Claims Commission

By: Sean D. Murphy,Won Kidane,Thomas R. Snider

Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.

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1061

Publisher

Oxford University Press

Published Date

ISBN 10

0199987580

ISBN 13

9780199987580

Social Organization and Mechanism Design

Proceedings of the Second Francqui Colloquium, 10-11 June 1996, Brussels

By: Claude d' Aspremont

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Social Organization and Mechanism Design

Proceedings of the Second Francqui Colloquium, 10-11 June 1996, Brussels

By: Claude d' Aspremont

By presenting a collection of contributions by leading experts, this book illustrates the variety of issues that the discipline of "mechanism design", as a branch of game theory, is capable of dealing with : voting rules, trial procedures, public good production, cost-sharing, monopolistic regulation, bequest function, etc. However, the book illustrates also the fundamental unity of the basic questions : information gathering, communication, individual as well as coalitional strategic and dynamic behavior.

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348

Publisher

De Boeck Supérieur

Published Date

ISBN 10

2804129942

ISBN 13

9782804129941

The values of international organizations

By: James D. Fry,Bryane Michael,Natasha Pushkarna

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The values of international organizations

By: James D. Fry,Bryane Michael,Natasha Pushkarna

From the United Nations to the International Bureau of Weights and Measures, the principles of international organizations affect all of our lives. The principles these organizations live by represent, at least in part, the principles all of us live by. This book quantifies international organizations’ affiliation with particular principles in their constitutions, like cooperation, peace and equality. Offering a sophisticated statistical and legal analysis of these principles, the authors reveal the values contained in international organizations’ constitutions and their relationship with one another. When these organizations are divided into groups, like regional versus universal organizations, many new, seemingly contradictory, interpretations of international organizations law emerge. Through elaborate network representations, radar charters, k-clusters analyses and scatter plots, this book offers an unprecedented insight into the principles and values of international organizations.

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366

Publisher

Manchester University Press

Published Date

ISBN 10

1526152401

ISBN 13

9781526152404

Principles of International Trade and Investment Law

By: Mitchell, Andrew D.,Sheargold, Elizabeth

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Principles of International Trade and Investment Law

By: Mitchell, Andrew D.,Sheargold, Elizabeth

This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.

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272

Publisher

Edward Elgar Publishing

Published Date

ISBN 10

1788973674

ISBN 13

9781788973670

A Contemporary Concept of Monetary Sovereignty

By: Claus D. Zimmermann

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A Contemporary Concept of Monetary Sovereignty

By: Claus D. Zimmermann

Monetary sovereignty is a crucial legal concept dictating that states have sovereignty over their own monetary, financial, and fiscal affairs. However, it does not feature as part of any key instruments of international law, including the Articles of Agreement of the International Monetary Fund. Rather, it has remained a somewhat separate notion, developed under contemporary international law from an assertion of the former Permanent Court of International Justice in 1929. As a consequence of globalization and increasing financial integration and a worldwide trend towards the creation of economic and monetary unions, the principle of monetary sovereignty has undergone significant change. This book examines this evolution in detail, and provides a conceptual framework to demonstrate what this means for the legal and economic challenges faced by the international community. The book examines the historic origins and evolution of the concept of monetary sovereignty, putting it into the context of broader concepts of sovereignty. It argues that monetary sovereignty remains relevant as a dynamic legal concept with both positive and normative components. It investigates the continuing hybridization of international monetary law resulting from changes to its formal and material sources. It then examines the complex phenomenon of exchange rate misalignment under international monetary and trade law, and the increasing regionalization of monetary sovereignty, notably in light of the European sovereign debt crisis. Finally, it assesses the role the concept of monetary sovereignty can play in the reorganization of international finance following the recent global financial crisis.

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1345

Publisher

OUP Oxford

Published Date

ISBN 10

0191502065

ISBN 13

9780191502064

The Cuban Embargo under International Law

El Bloqueo

By: Nigel D. White

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The Cuban Embargo under International Law

El Bloqueo

By: Nigel D. White

The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law. This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics and ideology; subjecting Cuba to apparently illegitimate coercion that has resulted in a prolonged global toleration of what appears to be a serious violation of international law. The book demonstrates how the Cuban embargo undermines the use of sanctions world-wide, and asks whether the refusal of world governments to address the illegality of the embargo reduces international law to tokenism where concepts of sovereign equality and non-intervention are no longer a priority. Despite the weaknesses of international law, Nigel D. White argues that in certain political conditions it will be possible to end the embargo as part of a bilateral agreement to restore normal relations between the US and Cuba and, furthermore, that such an agreement, if it is to succeed, will have to be shaped by the broad parameters of law and justice. As a fierce re-evaluation of international law through the story of a country under siege, this book will be of great interest and use to researchers and students of public international law, international relations, and US and Latin American politics.

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252

Publisher

Routledge

Published Date

ISBN 10

1134451245

ISBN 13

9781134451241

Imagining the Past in France

History in Manuscript Painting, 1250-1500

By: Elizabeth Morrison,Anne D. Hedeman,J. Paul Getty Museum

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Imagining the Past in France

History in Manuscript Painting, 1250-1500

By: Elizabeth Morrison,Anne D. Hedeman,J. Paul Getty Museum

This exquisite volume beautifully reproduces and insightfully examines the most important illuminations found in French history manuscripts.

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387

Publisher

Getty Publications

Published Date

ISBN 10

1606060287

ISBN 13

9781606060285

Against Marriage

The Correspondence of La Grande Mademoiselle

By: Anne-Marie-Louise d'Orléans Montpensier (duchesse de),Françoise de Motteville

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Against Marriage

The Correspondence of La Grande Mademoiselle

By: Anne-Marie-Louise d'Orléans Montpensier (duchesse de),Françoise de Motteville

In seventeenth-century France, aristocratic women were valued by their families as commodities to be married off in exchange for money, social advantage, or military alliance. Once married, they became legally subservient to their husbands. The duchesse de Montpensier—a first cousin of Louis XIV—was one of very few exceptions, thanks to the vast wealth she inherited from her mother, who died shortly after Montpensier was born. She was also one of the few politically powerful women in France at the time to have been an accomplished writer. In the daring letters presented in this bilingual edition, Montpensier condemns the alliance system of marriage, proposing instead to found a republic that she would govern, "a corner of the world in which . . . women are their own mistresses," and where marriage and even courtship would be outlawed. Her pastoral utopia would provide medical care and vocational training for the poor, and all the homes would have libraries and studies, so that each woman would have a "room of her own" in which to write books. Joan DeJean's lively introduction and accessible translation of Montpensier's letters—four previously unpublished—allow us unprecedented access to the courageous voice of this extraordinary woman.

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124

Publisher

University of Chicago Press

Published Date

ISBN 10

0226534901

ISBN 13

9780226534909

The Critical Attitude and the History of International Law

By: Jean D'Aspremont

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The Critical Attitude and the History of International Law

By: Jean D'Aspremont

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BRILL

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9004411631

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9789004411630

Formalism and the Sources of International Law

A Theory of the Ascertainment of Legal Rules

By: Jean d'Aspremont

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Formalism and the Sources of International Law

A Theory of the Ascertainment of Legal Rules

By: Jean d'Aspremont

This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the delimitation of customary international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). The main theory of law ascertainment presented in this work remains however principally informed by a rejuvenated version of Herbert Hart's social thesis.

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285

Publisher

Oxford University Press

Published Date

ISBN 10

0199696314

ISBN 13

9780199696314

Intermediate Public Economics, second edition

By: Jean Hindriks,Gareth D. Myles

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Intermediate Public Economics, second edition

By: Jean Hindriks,Gareth D. Myles

A new edition of a comprehensive text, updated throughout, with new material on behavioral economics, international taxation, cost-benefit analysis, and the economics of climate policy. Public economics studies how government taxing and spending activities affect the economy—economic efficiency and the distribution of income and wealth. This comprehensive text on public economics covers the core topics of market failure and taxation as well as recent developments in both policy and the academic literature. It is unique not only in its broad scope but in its balance between public finance and public choice and its combination of theory and relevant empirical evidence. The book covers the theory and methodology of public economics; presents a historical and theoretical overview of the public sector; and discusses such topics as departures from efficiency (including imperfect competition and asymmetric information), issues in political economy, equity, taxation, fiscal federalism, and tax competition among independent jurisdictions. Suggestions for further reading, from classic papers to recent research, appear in each chapter, as do exercises. The mathematics has been kept to a minimum without sacrificing intellectual rigor; the book remains analytical rather than discursive. This second edition has been thoroughly updated throughout. It offers new chapters on behavioral economics, limits to redistribution, international taxation, cost-benefit analysis, and the economics of climate policy. Additional exercises have been added and many sections revised in response to advice from readers of the first edition.

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Page Count

1013

Publisher

MIT Press

Published Date

ISBN 10

0262313804

ISBN 13

9780262313803

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