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View Rights PortalThis volume presents the first systematic account of Japanese international legal theory; edited by Japanese scholars, the volume traces thirteen influential scholars and spans over a century. It examines how theorists positioned outside international law's Western centre developed sophisticated frameworks to address tensions between Western modernity and their own experiences. The book's central contribution proposes 'conversation'-continuous engagement that respects differences between legal traditions-as an alternative to 'dialogue', which often reproduces existing hierarchies by assuming all perspectives can be reconciled. Through detailed intellectual biographies across six historical periods, contributors reveal how Japanese scholars strategically employed legal positivism, articulated transcivilizational perspectives, and developed concepts of normative multilateralism. Addressed at scholars of international law, legal theory, and comparative legal traditions, this volume demonstrates that the discipline's future requires genuinely reciprocal exchange where diverse perspectives can coexist productively.
This volume offers new practical and theoretical perspectives on one of the most complex questions regarding the formation of international law, namely that actors other than states contribute to the making of customary international law. Notwithstanding the International Law Commission's valuable contribution, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals, as well as the most recent scholarly work on customary international law, this volume provides a comprehensive study of the contribution of international organisations and non-state actors to the formation of customary international law. With innovative tools and guidance for law students, legal scholars, and researchers in law, as well as legal practitioners, advisers, judges, arbitrators, and counsels, this collection is essential reading for those wishing to understand and address contemporary questions of international law-making.
This volume collects and revises the key essays of Gunther Teubner, one of the world's leading sociologists of law. Written over the past twenty years, these essays examine the 'dark side' of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.
Why are constitutionalist ideals so prominent in science fiction? Does Independence Day depict self-defence as a legal concept with absolute limits? Is international law lost in space? This innovative interdisciplinary volume represents the first exploration of the relationship between international law and cinema. From Star Wars to Werner Herzog, The Godfather to The West Wing, this book uncovers a diverse range of representations of international law and its norms in film and television. Examining the wider links between international law, cinema, and ideology, the contributions not only examine visual representations of international law, but they offer an essential insight into the functions fulfilled by these cinematic representations. Providing an extraordinary introduction to a variety of perspectives on core international legal questions, Cinematic perspectives on international law extends a valuable methodology by which international lawyers can critique the depiction of international law in film.
Latin America has been a complex laboratory for the development of international investment law. While some governments and non-state actors have remained true to the Latin American tradition of resistance towards the international investment law regime, other governments and actors have sought to accommodate said regime in the region. Consequently, a profusion of theories and doctrines, too often embedded in clashing narratives, has emerged. In Latin America, the practice of international investment law is the vivid amalgamation of the practice of governments sometimes resisting and sometimes welcoming mainstream approaches; the practice of lawyers assisting foreign investors from outside and within the region; and the practice of civil society, indigenous peoples and other actors in their struggle for human rights and sustainable development. Latin America and international investment law describes the complex roles that governments have played vis-à-vis foreign investors and investments; the refreshing but clashing forces that international organizations, corporations, civil society, and indigenous peoples have brought to the field; and the contribution that Latin America has made to the development of the theory and practice of international investment law, notably in fields in which the Latin American experience has been traumatic: human rights and sustainable development. Latin American scholars have been contributing to the theory of international investment law for over a century; resting on the shoulders of true giants, this volume aims at pushing this contribution a little further.
For Spring Summer 2020, Gucci showed a collection questioning identity politics and capitalism. Rather than the usual explanation of the material, shapes or inspirations behind the collection, the press release handed out at the show quoted the philosopher Michel Foucault and questioned the very nature of fashion itself. Gucci's press release reflects the popularization of critical theory in public discourse and fashion in particular. Philosophers, activists and academics are increasingly recruited to collaborate with luxury brands, and main-stream fashion brands have begun to adopt a discourse about politics and critical thinking using, in their communication, concepts such as "resistance", "gender fluidity", "national identity" or "cultural heritage" without accompanying these discourses with any form of political engagement or activism. Based on this intellectualization of the fashion industry and the recent proliferation of critical theory in fashion education, this book stresses the importance of rethinking the relationship between fashion and theory. Drawing together eleven chapters and four conversations by and with philosophers, cultural theorists, historians, anthropologists, activists, performers and designers, the book investigates both the theorization of fashion and the ways in which fashion offers a useful landscape in understanding the current state of critical theory today.
Lukácsian film theory and cinema explores Georg Lukács' writings on film. The Hungarian Marxist critic Georg Lukács is primarily known as a literary theorist, but he also wrote extensively on the cinema. These writings have remained little known in the English-speaking world because the great majority of them have never actually been translated into English - until now. Aitken has gathered together the most important essays and the translations appear here, often for the first time. This book thus makes a decisive contribution to understandings of Lukács within the field of film studies, and, in doing so, also challenges many existing preconceptions concerning his theoretical position. For example, whilst Lukács' literary theory is well known for its repudiation of naturalism, in his writings on film Lukács appears to advance a theory and practice of film that can best be described as naturalist. Lukácsian film theory and cinema is divided into two parts. In part one, Lukács' writings on film are explored, and placed within relevant historical and intellectual contexts, whilst part two consists of the essays themselves. This book will be of considerable interest to scholars and students working within the fields of film studies, literary studies, intellectual history, media and cultural studies. It is also intended to be the final volume in a trilogy of works on cinematic realism, which includes the author's earlier European film theory and cinema (2001), and Realist film theory and cinema (2006).
'Realist film theory and cinema' embraces studies of cinematic realism and 19th century tradition, the realist film theories of Lukács, Grierson, Bazin and Kracauer, and the relationship of realist film theory to the general field of film theory and philosophy. This is the first book to attempt a rigorous and systematic application of realist film theory to the analysis of particular films. The book suggests new ways forward for a new series of studies in cinematic realism, and for a new form of film theory based on realism. It stresses the importance of the question of realism both in film studies and in contemporary life. Aitken's work will be of interest to scholars and advanced students of film studies, literary studies, media studies, cultural studies and philosophy.
The book addresses what is political in critical theory and which aspects, arguments or notions of critical theory maintain political significance for the 20th and the 21st centuries. The collection of essays comprises itself of a series of clear and critical perspectives that analyze the extent to which critical theory relates political argument to modern societies and, thereby, exerts a critique of the multiple social and political phenomena of late modernity. The contributors focus on a multiplicity of universal phenomena such as globalization, multiple crises, late capitalism and the social role of the sciences, and posit some novel criticism of the contemporary social sphere, as it is situated within the wider system of global capitalism. They also present a plurivalent critique that links arguments in Marxism and Freud to all three generations of critical theory.
This book offers a unique and timely reading of the early Frankfurt School in response to the recent 'affective turn' within the arts and humanities. Resisting the overly rationalist tendencies of political philosophy, it argues that critical theory actively cultivates a powerful connection between thinking and feeling, and rediscovers a range of often neglected concepts that were of vital importance to the first generation of critical theorists, including melancholia, hope, (un)happiness, objects and mimesis. In doing so, it brings the dynamic work of Walter Benjamin, Theodor Adorno, Ernst Bloch and Siegfried Kracauer into conversation with more recent debates around politics and affect. An important intervention in the fields of affect studies and social and political thought, Critical theory and feeling shows that sensuous experience is at the heart of the Frankfurt School's affective politics.
De-centering queer theory seeks to reorient queer theory to a different conception of bodies and sexuality derived from Eastern European Marxism. The book articulates a contrast between the concept of the productive body, which draws its epistemology from Soviet and avant-garde theorists, and Cold War gender, which is defined as the social construction of the body. The first part of the book concentrates on the theoretical and visual production of Eastern European Marxism, which proposed an alternative version of sexuality to that of western liberalism. In doing so it offers a historical angle to understand the emergence not only of an alternative epistemology, but also of queer theory's vocabulary. The second part of the book provides a Marxist, anti-capitalist archive for queer studies, which often neglects to engage critically with its liberal and Cold War underpinnings.
This new edition considers the unifying legal attributes that span vastly differing inter-governmental organisations, from the UN to the EU. A law of international organisations has become established in certain areas, such as legal personality, powers, membership, finance, and decision-making. In other, newer, areas - accountability, responsibility and democracy - politics is still much rawer, and has not yet been fully converted into legal concepts and principles. As with the first edition, there are plenty of examples of organisations given in the text. Individual organisations dealing with issues such as security, health, civil aviation, finance and trade are scrutinised by way of example, to illustrate how different they can be, but also to show how it is possible to debate a set of legal principles that transcend each institution. This new edition of an established text will appeal to students and academics as well as individuals seeking a legal and political insight into international organisations.
Was there international law in the Middle Ages? Using treaties as its main source, this book examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law. International law in Europe, 700-1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.
As artificial intelligence continues to transform modern warfare, the rapid development of AI-driven weaponry presents profound ethical, legal, and security challenges. Artificial Intelligence and International Security: Redefining Arms Races and Contemporary Warfare offers a critical examination of this emerging arms race, exploring issues of arms control, international law, diplomacy, and long-term security. Bringing together expert perspectives, this volume assesses the risks and implications of autonomous weapon systems while proposing solutions to ensure ethical AI deployment. Through a comprehensive analysis of this urgent issue, it seeks to contribute to global debates and inform policies that foster peace, stability, and the responsible use of AI in warfare.