The Philosophy of International Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 1 April 2010
- ISBN 9780199208586
- Binding Hardback
- No. of pages626 pages
- Size 253x179x39 mm
- Weight 1239 g
- Language English 0
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Short description:
International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. This volume is the ideal guide to the current debates, offering 29 specially commissioned essays by leading philosophers and international lawyers, addressing the central philosophical questions about international law.
MoreLong description:
International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law.
The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war.
This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.
heartily recommended ... demonstrates the best sort of international collaborative cosmopolitanism ... it will be a source of challenging ideas and the subject of useful engagement as students develop their own perspective on the global possibilites for the rule of law.
Table of Contents:
Introduction
Part I General Issues in the Philosophy of International law
Section I History of the Philosophy of International Law
State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes and Pufendorf
Immanuel Kant on International Law
Section II Legitimacy of International Law
The Legitimacy of International Law
The Legitimacy of International Law
Section III International Democracy
Democratic Legitimacy and International Institutions
Legitimate International Institutions: A Neo-Republican Perspective
Section IV Sources of International Law
Theorizing the Sources of International Law
The Sources of International Law: Some Philosophical Reflections
Section V International Adjudication
International Adjudication
International Adjudication: A Response to Paulus - Courts, Custom, Treaties, Regimes, and the WTO
Section VI Sovereignty
The Logic of Freedom and Power
Sovereignty in the Context of Globalization: A Constitutional Pluralist Perspective
Section VII International Responsibility
International Responsibility
International Responsibility
Part II Specific Issues in the Philosophy of International law
Section VIII Human Rights
Human Rights without Foundations
Human Rights and the Autonomy of International Law
Human Rights
Section IX Self-Determination and Minority Rights
Minority Rights in Political Philosophy and International Law
Two Conception of Self Determination
Section X International Economic Law
The Role of International Law in Reproducing Massive Poverty
Global Justice, Poverty and the International Economic Order
Section XI International Environmental Law
Philosophical Issues in International Environmental Law
Ethics and International Environmental Law
Section XII Laws of War
The Laws of War
Laws of War
Section XIII Humanitarian Intervention
Humanitarian Intervention
Humanitarian Militarism?
Section XIV International Criminal Law
Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law
Authority and Responsibility in International Criminal Law
