
Ethics and Authority in International Law
Series: Cambridge Studies in International and Comparative Law; 5;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 13 July 1997
- ISBN 9780521582025
- Binding Hardback
- No. of pages256 pages
- Size 235x158x21 mm
- Weight 573 g
- Language English 0
Categories
Short description:
Alfred Rubin provides a powerful account of positivism and international law in the modern world.
MoreLong description:
The specialized vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'.
'The book is a well argued articulation of a positivist understanding of authority in international law. Its particular focus on universal criminal jurisdiction is timely in light of the expanding scope of international humanitarian law and the ad hoc and permanent criminal tribunal projects. Observations are always informed and insightful; the style is witty with engaging turns of phrase.' Yale Journal of International Law
Table of Contents:
Preface; Acknowledgements; List of abbreviations; Table of cases; Table of statutes; Table of treaties; 1. Introduction; 2. The international legal order; 3. Theory and practice come together; 4. Putting it together; 5. Implications for today; Bibliography; Index.
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