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Philosophy and Religion (R0)

D.A. Jeremy Telman

Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence

&lt;p&gt;Introduction Hans Kelsen for Americans; D. A. Jeremy Telman.-&amp;nbsp;Part I: Hans Kelsen and American Legal Philosophy.-&amp;nbsp;Chapter 2 Kelsen in the U.S.: Still Misunderstood; Brian Bix.-&amp;nbsp;Chapter 3 Marmor’s Kelsen; Michael Steven Green.-&amp;nbsp;Part II: Hans Kelsen and the Development of Public
International Law.-&amp;nbsp;Chapter 4 The Kelsen-Hart Debate: Hart’s Critique of Kelsen's
Legal Monism Reconsidered; Lars Vinx.-&amp;nbsp;Chapter 5 Peace and Global Justice Through Prosecuting the
Crime of Aggression? Kelsen and Morgenthau on the Nuremberg Trials and the
International Judicial Function; Jochen von Bernstorff.-&amp;nbsp;Chapter 6 Hans Kelsen, the Second World War and the U.S.
Government&amp;nbsp;Thomas Olechowski.-&amp;nbsp;Part III: Kelsen in Unexplored Dialogues.-&amp;nbsp;Chapter 7 Arriving at Justice by a Process of Elimination:
Hans Kelsen and Leo Strauss; Elisabeth Lefort.-&amp;nbsp;Chapter 8 Kelsen and Niebuhr on Democracy; Daniel R. Rice.-&amp;nbsp;Chapter 9 Hans Kelsen’s Psychoanalytic Heritage –an Ehrenzweigian
Reconstruction; Bettina Rentsch.-&amp;nbsp;Chapter 10 A Morally Enlightened Positivism? Kelsen and
Habermas on the Democratic Roots of Validity in Municipal and International
Law; David Ingram.-&amp;nbsp;Part IV: Kelsen’s Legacies.-&amp;nbsp;Chapter 11 The Neglect of Hans Kelsen in West German Public
Law Scholarship, 1945–1980; Frieder Günther.-&amp;nbsp;Chapter 12 Philosophy of Law and Theory of Law: The
Continuity of Kelsen's Years in America; Nicoletta Ladavac.-&amp;nbsp;Chapter 13 Pure Formalism? Kelsenian Interpretive Theory between
Textualism and Realism; Christoph Bezemek.-&amp;nbsp;Chapter 14 Cognition and Reason:&amp;nbsp; Rethinking Kelsen in the Context of Contract
and Business Law; &amp;nbsp;Jeffrey M. Lipshaw.-&amp;nbsp;Chapter 15 Kelsen’s View of the Addressee of the Law: Primary
and Secondary Norms; Dru Stevenson.-&amp;nbsp;Chapter 16 Kelsen, Justice, and Constructivism; Joshua Felix.-&amp;nbsp;Conclusions.-&amp;nbsp;Chapter 17 In Defense of Modern Times: A Keynote Address; Clemens
Jabloner.-&amp;nbsp;Chapter 18 Hans Kelsen’s Modernist Secularism and the Free Exercise of
Religion; Jeremy Telman.&lt;/p&gt;&lt;p&gt;&lt;/p&gt;

Oxford Studies in European Law

The Eurosceptic Mobilization of Constitutional Law

The ‘Pacifist Principle’ in the Italian and Japanese Constitutions in the Wake of the War in Ukraine

Studies in International Trade and Investment Law

Geographical Indications (GIs), widely used in the European context, are being promoted as vehicles for local development: but do they truly serve the interests of the Global South? Can they foster meaningful change in former colonial societies? This open access book interrogates these questions through a critical legal lens grounded in Third World Approaches to International Law (TWAIL), to assess whether GIs-codified in international trade agreements like the EU-CARIFORUM Economic Partnership Agreement-can support 'development from within' for the small island developing states of the Caribbean. Providing a fresh perspective on the colonial roots, current utility, and future potential of GI laws, the book engages with Caribbean realities and includes global case studies from Demerara rum in Guyana, Ethiopian coffee, Indian Darjeeling tea, Colombian coffee, Mexican Tequila, and Barbados Rum. In a world shaped by international trade rules, GIs and Sustainable Development offer a powerful lens into how the law of origin-linked products-like Champagne, Tequila, and Jamaican Rum-can shape futures for postcolonial states. Geographical Indications in International Trade is essential reading for academics, policymakers, legal practitioners, and development professionals seeking to understand the tensions between intellectual property law and sustainable development. It challenges readers to rethink international trade rules and consider how GI law can be reclaimed by third-world nations as a transformative tool for heritage-based, sustainable economic development. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI.

Towards Sustainable Development in the Caribbean

Geographical Indications in International Trade

This book offers a critical view of the punitive bias in the case law of the Inter-American Court of Human Rights, demonstrating the delicate relationship between Criminal Law and Human Rights. Based on cases involving the performance of the Inter-American Court of Human Rights in situations in which States failed to punish perpetrators of crimes – and, consequently, victims were considered unprotected by domestic law –, judicial constructions are presented that punish such conduct by States, regardless of principles and values of individual guarantee aimed at protecting citizens against the punitive power of the State. Throughout the book, the characteristics of the Inter-American System of Human Rights and how cases submitted to it are handled are analyzed. It presents the relationship between criminal matters and the protection of Human Rights in International Law, highlighting their points of intersection. Then, based on the analysis of selected cases (many of which occurred during Latin American dictatorships), the main theses developed to justify the use of criminal law as the main (and sometimes the only one) way for the State to act in favor of the protection of human rights are highlighted. From there, criticisms are made of this jurisprudence, highlighting in particular: the problematic conception that Criminal Law is a suitable means of satisfying the desire for justice of victims and their families; the mistaken view that criminal proceedings are the best means of knowing the truth of the facts; the fight against impunity as the sole purpose of criminal proceedings; the disregard for the guarantee of the principle of criminal legality, whether by the malleability of what is considered a crime, or by the “revocation” of causes that extinguish criminal liability, such as amnesty and prescription; the flexibilization of extradition treaties; the excessive interference in criminalization orders directed at States. Based on these findings and supported by international doctrine, the aim is to demonstrate the approximation of the law produced by the Inter-American Court of Human Rights with the doctrine of the criminal law of the enemy, which contrasts with the basic guarantees inherent in Criminal Law. Finally, the influence of the jurisprudence of the Inter-American Court of Human Rights is presented both in international courts, such as the European Court of Human Rights and the International Criminal Court, and in Brazilian national courts. It thus points out its potential for expansion and interference in the way in which the relationship between Criminal Law and Human Rights is understood. This book is intended for all those who seek to deepen their knowledge of the complex relationship between Criminal Law and Human Rights, and especially to learn about the main theses developed by the Inter-American Court of Human Rights on this subject.

Critical Analysis of the Punitive Jurisprudence of the Inter-American Court of Human Rights

Criminal Law and Human Rights

Hart Studies in Constitutional Theory

This open access book is a crucial intervention in the debate concerning positive human rights obligations. There is nowadays no dispute in human rights doctrine over whether rights entail positive duties on the part of the state at the level of principle. But there has been surprisingly little academic commentary devoted to the question of whether there are, or should be, limits placed on how far those obligations extend. Similarly, there has been little scholarly attention paid to the question of how causation can be reasonably attributed in the context of violations of positive obligations. And there are very few sociological explanations provided as to why positive human rights obligations appear to be expanding without principled limits in the first place. This volume assembles the work of a range of leading scholars in international human rights law to fill these gaps in the literature. Each of its 11 substantive chapters addresses an aspect of positive obligations with a particular focus on issues concerning limits. Taken together, they provide the first serious attempt to grapple critically with the subject of the limits, causality and scope of positive obligations theoretically and doctrinally. This makes the book essential reading for scholars of human rights law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

From Protection to Coercion

The Limits of Positive Obligations in Human Rights Law

The Arctic that emerged over the past forty years became one of the most innovative policy environments in the world. The region developed impressive systems for intra-regional cooperation, responded to the challenges of rapid environmental change, empowered and engaged with Indigenous peoples, and dealt with the multiple challenges of natural resource development. The second edition of The Palgrave Handbook on Arctic Policy and Politics draws on scholars from many countries and academic disciplines to focus on the central theme of Arctic policy innovation and political action. The portrait that emerges from these chapters is of a complex, fluid policy environment, shaped by internal, national and global dynamics and by a wide range of political, legal, economic, and social transitions. In this second edition, all chapters have been revised, updating the volume with the latest research and analysis especially on the changing geo-political situation since the Russian invasion of Ukraine and the election of Donald Trump. New chapters explore post-secondary education and the future of work in the Circumpolar North.

The Arctic is a complex political place and is on the verge of becoming even more so due to Russian militarism, increasing Chinese engagement and the cascading effects of rapid climate change. Effective, proactive and forward-looking policy innovation will be required if the Far North is to address its challenges and capitalize on its opportunities. The Arctic has become, ironically, "hot" in political terms, presenting escalating challenges for Arctic peoples and nations seeking to respond to political agendas that increasingly emerge from outside the region.

The Palgrave Handbook of Arctic Policy and Politics

Irish Yearbook of International Law

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship. This new volume covers the years 2021 and 2022, including global events such as the COVID-19 pandemic, Brexit fall-out, the Taliban's return to power in Afghanistan, a civil war in Ethiopia, protests in Iran, and Russia's unlawful invasion of Ukraine. Reports also cover topics on human rights in Ireland, the law of the sea, the exploitation of mineral resources of celestial bodies by private enterprises and the protection of the right to food, among others. Additionally, the book includes four book reviews covering a range of international law subjects, such as international economic law, colonialism and the protection of animals in armed conflict.

The Irish Yearbook of International Law, Volume 16, 2021-2022

Law in Context

Nuclear Exposure and the Harms of Redress

Injurious Law

Global Challenges in the Environmental Humanities

Adopting a multidisciplinary approach to climate adjudication, this book addresses how adjudicators decide cases by considering the influence of psychology, philosophy, legal education, film, literature, political economy, political ecology, judicial appointments, history, and climate science on their decision-making and ultimately on the (inconsistent) outcomes in climate cases. Drawing upon the humanities, science of climate change and/or social sciences to identify extra-legal factors that may drive the decision-making processes and outcomes of climate cases, this book uses case studies from different jurisdictions across the globe, addressing climate cases decided or pending in Africa, Asia, Europe, Latin and North America, and Oceania. In all, the volume will: - Engage with extra-legal influence to how show judges and arbitrators make their decisions in climate cases, shedding light on the inconsistent responses that climate cases have generated so far - Challenge assumptions of legal universalism, by recognising differences in how the law works in various - Inform actors involved in climate litigation (lawyers, judges, arbitrators, disputants), policymakers, and the public about how cases are decided

Multidisciplinary Perspectives

Adjudicating Climate Change

This book analyses emerging legal and regulatory challenges surrounding commercial human spaceflights (CHS). It addresses unique questions raised by human presence in outer space that distinguish CHS from other commercial space activities.Discussing a rapidly growing sector in the space economy, this volume:- Compares regulatory approaches in major spacefaring nations, including Russia, the USA, China, the EU, Japan, Australia, and India, to evaluate how existing international space treaties adapt to private sector human spaceflight activities while identifying significant gaps in current frameworks.- Analyses fundamental issues such as the legal status of space tourists versus astronauts, liability mechanisms, insurance requirements, training and selection standards, and the interplay between international space law and domestic regulations.- Critically examines India's space governance, its regulatory landscape, and the future of its CHS policies.- Offers theoretical insights and practical recommendations for future law-making at both international and domestic levels.Accessibly written, this volume is an essential resource for scholars, researchers, legal practitioners, policymakers, space industry professionals, and students exploring the intersection of space law, regulatory affairs, and the expanding commercial space tourism industry. It will be of great interest to scholars and researchers in international law, space policy, public policy, aerospace studies, and regulatory studies, as well as to space industry professionals navigating compliance requirements in international space law, commercial aerospace regulation, emerging technology governance, and comparative legal systems.

International and National Legal Perspectives

Regulation of Commercial Human Spaceflights

Springer Polar Sciences

This book examines the crucial role of Antarctic legal studies in managing present and future geopolitical tensions in Antarctica. Specifically focusing on Argentina and Australia's historical contributions, it examines key moments of crisis in Antarctic history to assess their impact on Antarctic law development. By analysing these nations' responses to critical situations, the book extracts valuable lessons on how they can effectively use Antarctic law to navigate current and future geopolitical challenges. Furthermore, the book offers seven practical recommendations for Argentina and Australia to enhance Antarctic law, ensuring its efficacy in addressing these challenges.Readers will not only gain a comprehensive understanding of Argentina and Australia's historical roles in shaping Antarctic law but also appreciate the pivotal role of this legal framework in maintaining order, stability, and cooperation in the Antarctic region. The book's insights are invaluable for policymakers, scholars, and anyone interested in the sustainable governance of Antarctica, emphasizing the significance of international collaboration in preserving this unique and vital environment.

Argentina and Australia’s contributions to Antarctic law

Shaping the Ice

This book seeks answers to two basic questions: What are normative rules and how can and should we apply them? It takes a fresh look both at legal reasoning as a process and normative rules as instruments. On the one hand, based on a decision-making model, it suggests a more practical approach to rule application that isn’t limited to interpretation, but includes searching, evaluation and choice. On the other hand, it proposes a more precise structure for normative rules that includes not only their scope and normative consequences, but also their circumstances and purposes. It then goes on to study such features as their open- and mandatoriness as well as their generality, vagueness and ambiguity, and examines how these features impact the rules’ breadth and the discretion they offer in terms of their application. Lastly, it considers how these aspects affect rules’ validity, binding- and effectiveness. Because the application of normative rules requires a basis in evidence, the book also includes a discussion of fact-finding and points to some interesting similarities between the philosophies of law and science.&nbsp;

A Model for Normative and Empirical Reasoning

Practical Reasoning

Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence

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