000			04512cam a2200349 a 4500
005			20250918143851.0
008			110812s2010 enk b 001 0 eng
020			_a9781841132785 (cloth) _cRM223.20
020			_a1841132780 (cloth)
039		9	_a201206201359 _badnan _c201108121103 _dmasrul _c201108121101 _dmasrul _y08-12-2011 _zmasrul
040			_aUKM _cUKM _dYDXCP _dCDX _dBWK _dUV0 _dU5D _dOWT _dRCJ _dDLC _dUKM
090			_aC74.001.L433 2
090			_aC74.001 _b.L433 2
100	1		_aLeben, Charles.
245	1	4	_aThe advancement of international law / _cCharles Leben.
260			_aOxford, [Eng.] : _bHart Pub., _c2010.
300			_axii, 333 p. ; _c23 cm.
490	1		_aFrench studies in international law ; _vv. 3
504			_aIncludes bibliographical references and index.
505	0		_aState 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			_aThe 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. _bAny 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.
650		0	_aInternational law.
650		0	_aInternational law _xHistory.
830		0	_aFrench studies in international law ; _vv. 3.
907			_a.b15130721 _b2021-05-28 _c2019-11-12
942			_c01 _n0 _kC74.001.L433 2
914			_avtls003475968
990			_amab
991			_aFakulti Undang-Undang
998			_au _b2011-12-08 _cm _da _feng _genk _y0 _z.b15130721
999			_c497375 _d497375