Juricultural Pluralism Vis-a-Vis Treaty Law:State Practice and Attitudes (Developments in International Law) - Softcover
The way in which 'legal' culture has been defined in the past has limited comparative processes to law itself. The author proposes a new term, 'juriculture', defined as 'the axiological and behavioural formula which pertains to the law.' This new definition provides a comparative tool which focuses on ontological and epistemological bases of law and concomitant legal theories which are distilled from these philosophical bases, in addition to primary and secondary rules, and written laws. This book tackles the crucial issue of how divergent individual, State, and Regional cultures impact the international legal system in the law and State practice vis-à-vis treaty interpretation and reservations.
An empirical analysis of cases in the Iran-U.S. Claims Tribunal and six human rights' treaties demonstrate that beyond weak juricultural pluralism, which the international legal system provides for, there is also strong juricultural pluralism, which is not envisaged by the system. This highlights the tension between universality and diversity in both primary and secondary rules, and international law itself. This book is a must for those interested in human rights, treaty law, culture, and legal theory.
'It is very much to Dr. Bunn-Livingstone's credit that she has both seen this crucial problem of modern international treaty law and has set about studying it and dissecting its implications for practice, and the ways in which a degree of legal pluralism in both its weak and strong forms are present in the current international legal system. It is not a task which many international lawyers have shown much appetite to tackle. But that renders this contribution to our knowledge the more important.'
From the Foreword by Sir Robert Y. Jennings, QC
An empirical analysis of cases in the Iran-U.S. Claims Tribunal and six human rights' treaties demonstrate that beyond weak juricultural pluralism, which the international legal system provides for, there is also strong juricultural pluralism, which is not envisaged by the system. This highlights the tension between universality and diversity in both primary and secondary rules, and international law itself. This book is a must for those interested in human rights, treaty law, culture, and legal theory.
'It is very much to Dr. Bunn-Livingstone's credit that she has both seen this crucial problem of modern international treaty law and has set about studying it and dissecting its implications for practice, and the ways in which a degree of legal pluralism in both its weak and strong forms are present in the current international legal system. It is not a task which many international lawyers have shown much appetite to tackle. But that renders this contribution to our knowledge the more important.'
From the Foreword by Sir Robert Y. Jennings, QC
"synopsis" may belong to another edition of this title.
Review:
'It is very much to Dr. Bunn-Livingstone's credit that she has both seen this crucial
problem of modern international treaty law and has set about studying it and dissecting its implications for practice, and the ways in which a degree of legal pluralism in both its weak and strong forms are present in the current international legal system. It is not a task which many international lawyers have shown much
appetite to tackle. But that renders this contribution to our knowledge the more
important.'
From the Foreword by Sir Robert Y. Jennings, QC.
'Although Juricultural Pluralism vis-à-vis Treaty Law is academic in nature, different sections of the book may appeal to a broader portion of the legal and sociological field. Scholars will appreciate the careful review of scholarship and the extensive use of footnotes throughout, though the minutely navigated presentation of theoretical concepts will be of limited use to practitioners. Lawyers and policy-makers working at the inter-state level may find interest in the close analysis of legal culture in state treaty interpretation, and human rights practitioners in particular will value Bunn-Livingstone's explanation and tabular presentation of the reasons for state reservations to major human rights instruments.'
Odette Lienau, Interights Bulletin, 2004.
problem of modern international treaty law and has set about studying it and dissecting its implications for practice, and the ways in which a degree of legal pluralism in both its weak and strong forms are present in the current international legal system. It is not a task which many international lawyers have shown much
appetite to tackle. But that renders this contribution to our knowledge the more
important.'
From the Foreword by Sir Robert Y. Jennings, QC.
'Although Juricultural Pluralism vis-à-vis Treaty Law is academic in nature, different sections of the book may appeal to a broader portion of the legal and sociological field. Scholars will appreciate the careful review of scholarship and the extensive use of footnotes throughout, though the minutely navigated presentation of theoretical concepts will be of limited use to practitioners. Lawyers and policy-makers working at the inter-state level may find interest in the close analysis of legal culture in state treaty interpretation, and human rights practitioners in particular will value Bunn-Livingstone's explanation and tabular presentation of the reasons for state reservations to major human rights instruments.'
Odette Lienau, Interights Bulletin, 2004.
"About this title" may belong to another edition of this title.
- PublisherSpringer
- Publication date2002
- ISBN 10 9041118012
- ISBN 13 9789041118011
- BindingPaperback
- Edition number1
- Number of pages364
Buy New
Learn more about this copy
US$ 28.95
Shipping:
US$ 4.99
Within U.S.A.
Top Search Results from the AbeBooks Marketplace
Stock Image
Juricultural Pluralism Vis-a-Vis Treaty Law:State Practice and Attitudes (Developments in International Law)
Seller:
Rating
Book Description Paperback. Condition: New. Brand new. In shrink wrap. Clean, unmarked pages. Fine binding and cover. Softcover. Ships daily. Seller Inventory # 1305220036
Buy New
US$ 28.95
Convert currency
Stock Image
Juricultural Pluralism Vis-A-Vis Treaty Law
Published by
Martinus Nijhoff
(2002)
ISBN 10: 9041118012
ISBN 13: 9789041118011
New
Paperback
Quantity: 1
Seller:
Rating
Book Description Paperback. Condition: Brand New. 1st edition. 368 pages. 9.00x6.00x0.75 inches. In Stock. Seller Inventory # __9041118012
Buy New
US$ 112.62
Convert currency