Le operazioni di peacekeeping delle organizzazioni regionali
Giovanni Cellamare - Cacucci, 2015
mercoledì 28 febbraio 2018
Sezione Diritto pubblico
L'intervento «come non parte» nel processo davanti alla Corte internazionale di giustizia
di Zeno Crespi Reghizzi - Giuffrè, 2017
L'art.
62 dello Statuto della Corte internazionale di giustizia consente allo
Stato terzo di intervenire in un giudizio tra due Stati, laddove esso
abbia un interesse giuridico suscettibile di essere pregiudicato dalla
futura sentenza. A partire dal 1990, la giurisprudenza della Corte ha
ammesso la legittimità , ai sensi dell¿art. 62, dell'intervento 'come
non parte', consentendo così allo Stato terzo di partecipare al
contraddittorio per tutelare il proprio interesse giuridico, anche in
assenza di un apposito titolo di giurisdizione e senza proporre alcuna
domanda nei confronti delle parti originarie. Se questa figura
costituisce ormai ius receptum nel sistema della Corte, la prassi rivela
ancora molte incertezze nella sua applicazione. Il presente studio
intende contribuire alla ricostruzione dei suoi caratteri strutturali.
Dopo una prima parte in cui viene inquadrata la posizione dello Stato
terzo assente dal processo (limiti del giudicato, pregiudizio fattuale
derivante dalla sentenza per lo Stato terzo, regola della parte
necessaria), la seconda parte si sofferma sulla genesi della figura
dell¿intervento come non parte, sul suo oggetto e sui suoi effetti per
lo Stato terzo e le parti originarie, nonché sui criteri seguiti dalla
Corte per la sua autorizzazione. L¿indagine viene condotta anche con
riferimento alla figura dell¿intervento ai sensi dell'art. 63 (norma che
autorizza gli Stati parte a una convenzione multilaterale a intervenire
in ogni giudizio in cui si discuta della sua interpretazione), alla
quale viene riconosciuto fondamentale valore ricostruttivo. 
Sezione Diritto pubblico
La prassi successiva e l'interpretazione del diritto internazionale scritto
di Luigi Crema - Giuffrè, 2017
Sezione Diritto pubblico
I tribunali penali internazionalizzati. Fondamento, giurisdizione e diritto applicabile
Chiara Ragni - Giuffrè, 2012
Sezione Storia del diritto
Il processo contro Paolo di Tarso. Una lettura giuridica degli Atti degli Apostoli (21.27-28.31)
di Anna Maria Mandas - Jovene, 2017
Sezione Storia del diritto
Attività normative e resistenze della pratica nell'oriente provinciale romano. Successioni ereditarie e rapporti familiari in una lettura del manoscritto Londinese del cd. «Liber Syro-romanus»
Francesca Galgano - Editoriale Scientifica, 2017
Sezione Storia del diritto
Le deliberazioni senatorie nella prima pentade liviana
di Roberto Scevola - Jovene, 2017
Sezione Diritto e società
The Intersection of International Law and Domestic Law: A Theoretical and Practical Analysis
What
are the theoretical and practical issues relating to the intersection
between domestic and international law? This important new book
discusses how general theories, including monism and dualism, transpire
in practice.
The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.
Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.
The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.
Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.
Sezione Diritto e società
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| Anteprima |
Access to Justice and International Organizations: The Case of Individual Victims of Human Rights Violations
Recent
examples such as the cholera outbreak in Haiti demonstrate that
individual victims of human rights violations by international
organizations are frequently left in the cold. Following an examination
of the human rights obligations of international organizations, this
book scrutinizes their dispute settlement mechanisms as well as the
conflict between their immunities and the right of access to justice
before national jurisdictions. It concludes with normative proposals
addressed both to international organizations and to national judges
confronted with such cases.
Sezione Diritto e società
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| Anteprima |
Greed, Corruption, and the Modern State: Essays in Political Economy
What
makes the control of corruption so difficult and contested? Drawing on
the insights of political science, economics and law, the expert
contributors to this book offer diverse perspectives. One group of
chapters explores the nature of corruption in democracies and
autocracies, and “reforms” that are mere facades. Other contributions
examine corruption in infrastructure, tax collection, cross-border
trade, and military procurement. Case studies from various regions –
such as China, Peru, South Africa and New York City – anchor the
analysis with real-world situations. The book pays particular attention
to corruption involving international business and the domestic
regulation of foreign bribery.
Sezione Diritto e società
Legal Thought and Philosophy: What Legal Scholarship is about
Legal
Thought and Philosophy clarifies background questions in legal research
projects, such as the relationship between law and justice, law and
politics, law and knowledge, facts and norms, normativity and validity,
constituent and constitutional power, and rule and context. It provides
advanced students in law and philosophy with an account of legal
thinking that combines analytical and phenomenological insights. From a
conception of justice as principled political self-restraint, the book
explains why there are moral reasons to separate law from morality
conceptually and in what sense a legal order is positive - that is, set
by authority and bound up with history. The book explores the conditions
under which law may become an object of knowledge and theorising,
before finally discussing how these features come together in law as
rule-following by citizens, officials, judges, and legislators
alike.Addressing advanced students in law and philosophy, this key book:
* bridges separate traditions in legal philosophy (in particular
analytical philosophy and phenomenology)* develops a view of law as an
institution of authority from a conception of justice in the
socio-political relationship between 'we' and 'the others'* presents a
systematic account of normativity and validity* explains in what sense
law is 'doing things with rules'.
Sezione Diritto e società
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| Anteprima |
Political Technology and the Erosion of the Rule of Law: Normalizing the State of Exception
This
timely volume by distinguished scholar Günter Frankenberg offers a
sophisticated analysis and sharp critique of the reactions of nations
such as the US, Great Britain and Germany to perceived terrorist
threats, organized crime actions and other political emergencies that
have occurred in recent years.
Sezione Diritto e società
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| Anteprima |
Academic Learning in Law: Theoretical Positions, Teaching Experiments and Learning Experiences
This
timely book calls for a critical re-evaluation of university legal
education, with the particular aim of strengthening its academic nature.
It emphasizes lecturers’ responsibility to challenge the assumptions
students have about law, and the importance of putting law in a
theoretical and social context that allows for critical reflection and
sceptical detachment. In addition, the book reports upon teaching
experiences and innovations, offering tools for teachers to strengthen
the academic nature of legal education.
martedì 27 febbraio 2018
Sezione Diritto e società
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| Anteprima |
Refugees, Regionalism and Responsibility
The
ongoing refugee and migrant crisis in Europe has accelerated the need
to find answers for refugee movements. Refugees, Regionalism and
Responsibility examines regional cooperation as a potential solution.
Through a thorough assessment of past and present regional arrangements
concerning refugees, this book considers whether regionalism has
resulted in protection and durable solutions for both refugees and
participating states.
Sezione Diritto e società
Critical Reflections on Ownership
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| Anteprima |
Mary Warnock - Edward Elgar Publishing, 2015
In this thought-provoking work, Mary Warnock explores what it is to own
things, and the differences in our attitude to what we own and what we
do not. Starting from the philosophical standpoints of Locke and Hume,
the ownership of gardens is presented as a prime example, exploring both
private and common ownership, historically and autobiographically. The
author concludes that, besides pleasure and pride, ownership brings a
sense of responsibility for what is owned and a fundamental question is
brought to light: can we feel the same responsibility for what we do
not, and never can, own? Applying this question to the natural world and
the planet as a whole, a realistic and gradualist perspective is
offered on confronting global environmental degradation. Critical
Reflections on Ownership examines the effect of the Romantic Movement on
our attitudes to nature and is a salient commentary on the history of
ideas. Providing an accessible entrance into moral philosophy and its
practical applications, this book is an invaluable source for students
in the fields of politics and philosophy. Academics interested in
conceptions of ownership, and in the interface between philosophy,
morality and politics, will find this deeply considered insight to be a
stimulating read.
Sezione Diritto e società
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| Anteprima |
Multi-criteria Analysis in Legal Reasoning
Bengt Lindell - Edward Elgar Publishing, 2017
Providing an accessible introduction to the application of
multi-criteria analysis in law, this book illustrates how simple
additive weighing, a well known method in decision theory, can be used
in problem structuring, analysis and decision support for overall
assessments and balancing of interests in the context of law.
Sezione Diritto e società
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| Anteprima |
A Short Introduction to Judging and to Legal Reasoning
This
Short Introduction looks at judging and reasoning from three
perspectives: what legal reasoning has been; what legal reasoning is
from the view of judges and jurists themselves (the internal view); and
what legal reasoning is from the view of a social scientist
epistemologist or humanities specialist (the external view). Combining
cases and materials with original text, this unique, concise format is
designed for students who are starting out on their law programmes, as
well as for students and researchers who would like to examine judging
and legal reasoning in more depth.
Sezione Diritto e società
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| Anteprima |
Law’s Political Foundations: Rivers, Rifles, Rice, and ReligionLaw’s Political Foundations explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.
John O. Haley - Edward Elgar Publishing, 2016
Sezione Diritto e società
Expanding Human Rights
21st Century Norms and Governance
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| Look inside |
The 21st century demands expanding rights, as the
established human rights regime is necessary but not sufficient. This
project will analyze the global dynamics of the mobilization of new
actors, claims, institutions and modes of accountability. Our
multi-disciplinary, multi-method analysis draws from a full range of
global experience, with balanced attention to civil-political and
social-economic rights; from LBGT movements in the new Europe to
campaigns for the right to food in India.
This multi-disciplinary book addresses the ever-expanding notion of
human rights within the 21st century. By analyzing the global dynamics
of the mobilization of new actors, claims, institutions and modes of
accountability, Brysk and Stohl assess the potential and limitations of
global reforms.
Expanding Human Rights gives a comprehensive overview of current human rights issues and the outlook for the future. The contributors present evidence of new methods for enforcing existing rights and new strategies for further development through in-depth analysis of campaigns and reforms from Eastern Europe, Japan, India, Africa and the US. These include rights of indigenous peoples, food and water rights, violence against women, child mortality and international financial and corporate responsibility.
This book will interest academics and advanced students in human rights, international affairs, political science and law. Policy makers and global human rights activists will find the analyses and insights concerning the expansion of rights and the often accompanying backlash to be of great use when approaching their next human rights campaign.
Expanding Human Rights gives a comprehensive overview of current human rights issues and the outlook for the future. The contributors present evidence of new methods for enforcing existing rights and new strategies for further development through in-depth analysis of campaigns and reforms from Eastern Europe, Japan, India, Africa and the US. These include rights of indigenous peoples, food and water rights, violence against women, child mortality and international financial and corporate responsibility.
This book will interest academics and advanced students in human rights, international affairs, political science and law. Policy makers and global human rights activists will find the analyses and insights concerning the expansion of rights and the often accompanying backlash to be of great use when approaching their next human rights campaign.
Sezione Diritto e società
Understanding the Nature of Law: A Case for Constructive Conceptual Explanation
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| Anteprima |
Michael Giudice - Edward Elgar Publishing, 2015
Understanding the Nature of Law explores methodological questions about
how best to explain law. Among these questions, one is central: is there
something about law which determines how it should be theorized?
Michael Giudice presents the problem: several methods suggest themselves
as suitable to understanding law; however, each method claims unique
importance with no need of others. A solution is offered in two key
claims. First, many conceptual theories of law are best understood not
as the result of conceptual analysis, but as constructive conceptual
explanations, emphasizing a crucial role for revision and expansion of
ordinary concepts, in ways responsive to new problems and new phenomena.
Second, conceptual theories of law can and ought to identify necessary
as well as contingent features in the construction of conceptual
explanations of law. This novel book explains the importance of
conceptual explanation by situating its methods and goals in relation
to, rather than in competition with, social scientific and moral
theories of law. The book will be of primary interest to both students
and academics in legal, political, and moral philosophy. It will also be
of interest to students and academics working in the social sciences
who are interested in questions about the distinctive character of law
Sezione Diritto e società
Negotiating Cultural Rights: Issues at Stake, Challenges and Recommendations
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| Anteprima |
The
various reports on cultural rights by UN Special Rapporteur Faridah
Shaheed provide a new universal standard on cultural rights with topics
ranging from cultural diversity, cultural heritage, and the right to
artistic freedom to the effects of today's intellectual property
regimes. The international team of expert contributors to this book
reflect upon the many aspects of cultural rights in the reports and
present a discussion of how cultural rights support cultural diversity,
foster intercultural dialogue, and contribute to inclusive social,
economic and political development.
Sezione Diritto e società
Facts and Norms in Law: Interdisciplinary Reflections on Legal Method
Facts
and Norms in Law: Interdisciplinary Reflections on Legal Method
presents an innovative collection of essays on the relationship between
descriptive and normative elements in legal inquiry and legal practice.
What role does empirical data play in law? New insights in philosophy,
the social sciences and the humanities have forced the relationship
between facts and norms on to the agenda, especially for legal scholars
doing interdisciplinary work. This timely volume carefully combines
critical perspectives from a range of different disciplinary traditions
and theoretical positions.
Sezione Diritto e società
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| Anteprima |
Accountability in Extraterritoriality: A Comparative and International Law Perspective
Nation
states are increasingly asserting jurisdiction over criminal offenses
that occur extraterritorially. In some instances, this can cause
political tension and legal uncertainty, as the principles of
jurisdiction under international law do not adequately resolve competing
claims. In that context, this book considers principles of jurisdiction
and mechanisms by which to achieve jurisdictional restraint under
international law, including the possibilities presented by the abuse of
rights doctrine.
Sezione Diritto e società
Judges as Guardians of Constitutionalism and Human Rights
There
are many challenges that national and supranational judges have to face
when fulfilling their roles as guardians of constitutionalism and human
rights. This book brings together academics and judges from different
jurisdictions in an endeavour to uncover the intricacies of the judicial
function.
The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.
This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.
This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
Sezione Diritto e società
Migration and Freedom: Mobility, Citizenship and Exclusion
Brad K. Blitz - Edward Elgar Publishing, 2016
Migration
and Freedom is a thorough and revealing exploration of the complex
relationship between mobility and citizenship in Europe. Brad Blitz
draws upon European and international law, political theory, economics,
history and contemporary studies of migration to provide an original
account of the opportunities and challenges associated with the right to
free movement in Europe and beyond. Integrating over 160 interviews
with individuals in Croatia, Slovenia, Italy, Spain, the UK and Russia,
this book provides a unique focus on both internal and inter-state
mobility and a re-evaluation of the concept of freedom of movement. The
author documents successful and unsuccessful settlement and
establishment cases and records how both official and informal
restrictions on individuals' mobility have effectively created new
categories of citizenship and exclusion within Europe.This book is an
original study aimed at academics, students and government officials
interested in migration, international studies, public and social
policy, and politics.
Sezione Diritto e società
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| Anteprima |
Local Engagement with International Economic Law and Human Rights
Ljiljana Biukovic, Pitman B. Potter - Edward Elgar Publishing, 2017
Providing
an analysis of global regulation and the impact of international
organizations on domestic laws, this collection grew out of a central
objective to explore methods of domestic engagement with international
trade and human rights norms, and the inherent difficulties in
establishing balanced links between these two international law regimes.
The common thread of the papers in this collection is a focus on the
application of socio-legal normative paradigms in building knowledge and
policy support for coordinating local performance with international
trade and human rights standards in ways that are mutually sustaining.
Sezione Diritto e società
Comparative Law and Anthropology
The
topical chapters in this cutting-edge collection at the intersection of
comparative law and anthropology explore the mutually enriching
insights and outlooks of the two fields. Comparative Law and
Anthropology adopts a foundational approach to social and cultural
issues and their resolution, rather than relying on unified paradigms of
research or unified objects of study. Taken together, the contributions
extend long-developing trends from legal anthropology to an
anthropology of law and from externally imposed to internally generated
interpretations of norms and processes of legal significance within
particular cultures. The book's expansive conceptualization of
comparative law encompasses not only its traditional geographical
orientation, but also historical and jurisprudential dimensions. It is
also noteworthy in blending the expertise of long-established, acclaimed
scholars with new voices from a range of disciplines and backgrounds.
Sezione Diritto e società
The Rule of Law: The Common Sense of Global Politics
This timely book explores the complexities of the rule of law - a
well-used but perhaps less well understood term - to explain why it is
so often appealed to in discussions of global politics. Ranging from
capacity building and the role of the World Bank to the discourse(s) of
lawyers and jurisprudential critiques, it seeks to introduce non-lawyers
to the important and complex political economy of the rule of law. In
accessible terms, Christopher May argues that we can no longer merely
use the idea of the rule of law without question but rather must
appreciate its multifaceted and contested character if we are to begin
to understand how and why it is now seen as a `good thing' across the
political spectrum. He expertly examines the problems encountered by
rule of law programmes in post-conflict and developing countries, as
well as presenting the range of contested meanings of the term. The
author also considers the possibility of establishing a pluralistic
account of the rule of law and investigates the plausibility of an
international rule of law. By building on and extending debates in
socio-legal studies about the social role of law, and dealing with
issues largely absent from international political economy this book
will be of great interest to socio - legal scholars and political
economists. It also presents an overarching analysis of the manner in
which politics and law interact that will be of great value to political
scientists and development economists.
Sezione Diritto e società
Smart Technologies and the End(s) of Law: Novel Entanglements of Law and Technology
This timely book tells the story of the smart technologies that
reconstruct our world, by provoking their most salient functionality:
the prediction and preemption of our day-to-day activities, preferences,
health and credit risks, criminal intent and spending capacity.Mireille
Hildebrandt claims that we are in transit between an information
society and a data-driven society, which has far reaching consequences
for the world we depend on. She highlights how the pervasive employment
of machine-learning technologies that inform so-called ‘data-driven
agency’ threaten privacy, identity, autonomy, non-discrimination, due
process and the presumption of innocence. The author argues how smart
technologies undermine, reconfigure and overrule the ends of the law in a
constitutional democracy, jeopardizing law as an instrument of justice,
legal certainty and the public good. Nevertheless, the book calls on
lawyers, computer scientists and civil society not to reject smart
technologies, explaining how further engaging these technologies may
help to reinvent the effective protection of the Rule of Law.Academics
and researchers interested in the philosophy of law and technology will
find this book both discerning and relevant. Practitioners and policy
makers in the areas of law, computer science and engineering will
benefit from the insight into smart technologies and their impact today.
Sezione Diritto e società
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| Anteprima |
Authority in Transnational Legal Theory: Theorising Across Disciplines
Roger Cotterrell, Maksymilian Del Mar - Edward Elgar Publishing, 2016
The
increasing transnationalisation of regulation – and social life more
generally – challenges the basic concepts of legal and political theory
today. One of the key concepts being so challenged is authority. This
discerning book offers a plenitude of resources and suggestions for
meeting that challenge.
Sezione Diritto e società
The Contribution of International and Supranational Courts to the Rule of Law
Geert De Baere, Jan Wouters - Edward Elgar Publishing, 2015
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| Anteprima |
International
and supranational courts are increasingly central to the development of
a transnational rule of law. Except for insiders, the functioning and
impact of these courts remain largely unknown. Addressing this gap, this
innovative book examines the manner in which and the extent to which
international courts and tribunals contribute to the rule of law at the
national, regional, and international levels.
With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies.
In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies.
In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
Sezione Diritto e società
Theory and Philosophy of International Law
vol. 1 Philosophical inquiries and general theoretical concerns
vol. 1 Philosophical inquiries and general theoretical concerns
vol. 2 The
kaleidoscope of different international law theories
a cura di
This research collection offers a comprehensive view of the most notable
contributions to the theory and philosophy of international law. In the
first volume a number of philosophical inquiries have been selected,
alongside contributions offering general theoretical insight into
international law. The purpose is to identify general themes of
discussion, such as the nature and functioning of international law, and
to illustrate how philosophers and international law scholars tackle
them in their respective fields of inquiry. In the second volume, the
kaleidoscope of different contemporary theories and approaches to
international law is presented. The collection is an indispensable
reference for anyone interested in philosophical and theoretical
investigations in international law.
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