This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.
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Rule of Law and Areas of Limited Statehood
Domestic and International Dimensions
Edited by Linda Hamid and Jan Wouters
Edited by Hanoch Dagan and Benjamin C. Zipursky
This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
Edited by Alexander Orakhelashvili
This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.
Revolution, Transition, Memory, and Oblivion
Reflections on Constitutional Change
Edited by Martin Belov and Antoni Abat i Ninet
This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.
Authoritarianism
Constitutional Perspectives
Günter Frankenberg
In this thought-provoking book, Günter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies.
Citizenship in the European Union
Constitutionalism, Rights and Norms
Anne Wesemann
The book proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms within EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the courts approach to decision making, which resembles the balancing and weighing of conflicting principles.
Social Construction of Law
Potential and Limits
Michael Giudice
This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law.
Hired Guns and Human Rights
Global Governance and Access to Remedies in the Private Military and Security Industry
Kuzi Charamba
This innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations.
Law in the First Person Plural
Roots, Concepts, Topics
Bert van Roermund
This incisive book offers an innovative understanding of Rousseau’s politico-legal philosophy to illustrate the legal significance of plural agency and what it means for a people to act together. Testing these ideas in controversial contemporary debates, Bert van Roermund provides a critical assessment of ‘political theology’ and establishes a new interpretation of joint action as bodily entrenched.
Vox Populi
Populism as a Rhetorical and Democratic Challenge
Edited by Ingeborg van der Geest, Henrike Jansen and Bart van Klink
This timely and engaging book examines the rise of populism across the globe. Combining insights from linguistics, argumentation theory, rhetoric, legal theory and political theory it offers a fully integrated characterization of the form and content of populist discourse.