Cynical international law? : abuse and circumvention in public international and European law / Björnstjern Baade, Dana Burchardt, Prisca Feihle, Alicia Köppen, Linus Mührel, Lena Riemer, Raphael Schäfer, editors.
4. Cynicism and abuse of rights. Abuse of Right in International Law: A Roman Law Analogy / Andrea Faraci and Luigi Lonardo -- Abuse of Rights: From Roman Law to International Law? Comments on the Contribution by Andrea Faraci and Luigi Lonardo / Helmut Philipp Aust -- Cynicism and Nationality Planning in International Investment Law / Philipp Janig -- (New) Ways of Combating Abuse and Circumvention of European Law on the Example of Tax Evasion and Tax Avoidance / Helene Hayden -- 5. Concluding observations. Cynicism as an Analytical Lense for International Law? Concluding Observations / Heike Krieger. From Judicialisation to Politicisation? A Response to Daniel Quiroga-Villamarín by an Academic Turned Practitioner / Andreas Paulus-- Oceans of Cynicism? Norm-Genesis, Lawfare and the South China Sea Arbitration Case / Christian Pogies -- Peace Through Law? The Role of the Law of the Sea Convention Put into Question / Nele Matz-Lück -- 3. Cynicism in European law and sub-fields of public international law. Assessing the Strategic Use of the EU Preliminary Ruling Procedure by National Courts / Jesse Claassen -- In International Law We (Do Not) Trust: The Persistent Rejection of Economic and Social Rights as a Manifestation of Cynicism / Caroline Omari Lichuma -- In International Law We Shall Trust: (Even in) The Case of Economic and Social Rights / Dominik Steiger -- All Is Fair in Law and War? Legal Cynicism in the Israeli-Palestinian Conflict / Shiri Krebs -- Cynicism? Yes, Please! Embracing Cynicism at the International Criminal Court / Elisabeth Baier-- 4. Cynicism and abuse of rights. Abuse of Right in International Law: A Roman Law Analogy / Andrea Faraci and Luigi Lonardo -- Abuse of Rights: From Roman Law to International Law? Comments on the Contribution by Andrea Faraci and Luigi Lonardo / Helmut Philipp Aust -- Cynicism and Nationality Planning in International Investment Law / Philipp Janig -- (New) Ways of Combating Abuse and Circumvention of European Law on the Example of Tax Evasion and Tax Avoidance / Helene Hayden -- 5. Concluding observations. Cynicism as an Analytical Lense for International Law? Concluding Observations / Heike Krieger.
Summary:
Analysing international law through the prism of "cynicism" makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law--Provided by publisher.
Series:
Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, 0172-4770 ; Band 296
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