From Apology to Utopia

Author: Martti Koskenniemi
Publisher: Cambridge University Press
ISBN: 9781139447645
Release Date: 2006-02-02
Genre: Law

This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.

From Apology to Utopia

Author: Martti Koskenniemi
Publisher:
ISBN: 0521838061
Release Date: 2005
Genre: Law

This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.

From Apology to Utopia

Author: Martti Koskenniemi
Publisher:
ISBN: 051131213X
Release Date: 2005
Genre: Forensic orations

Presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable facade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. Cambridge is proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.

The Politics of International Law

Author: Martti Koskenniemi
Publisher: Bloomsbury Publishing
ISBN: 9781847317766
Release Date: 2011-06-10
Genre: Law

Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

The Cambridge Companion to International Law

Author: James Crawford
Publisher: Cambridge University Press
ISBN: 9781107493438
Release Date: 2012-01-26
Genre: Law

This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice.

International Law and Empire

Author: Martti Koskenniemi
Publisher: Oxford University Press
ISBN: 9780198795575
Release Date: 2017-01-05
Genre:

In times in which global governance in its various forms, such as human rights, international trade law, and development projects, is increasingly promoted by transnational economic actors and international institutions that seem to be detached from democratic processes of legitimation, the question of the relationship between international law and empire is as topical as ever. By examining this relationship in historical contexts from early modernity to the present, this volume aims to deepen current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance. As it explores fundamental ways in which international legal discourses have operated in colonial as well as European contexts, the book enters a heated debate on the involvement of the modern law of nations in imperial projects. Each of the chapters contributes to this emerging body of scholarship by drawing out the complexity and ambivalence of the relationship between international law and empire. They expand on the critique of western imperialism while acknowledging the nuances and ambiguities of international legal discourse and, in some cases, the possibility of counter-hegemonic claims being articulated through the language of international law. Importantly, as the book suggests that international legal argument may sometimes be used to counter imperial enterprises, it maintains that international law can barely escape the Eurocentric framework within which the progressive aspirations of internationalism were conceived

Realizing Utopia

Author: Antonio Cassese
Publisher: OUP Oxford
ISBN: 9780191627712
Release Date: 2012-03-08
Genre: Law

Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

Is International Law International

Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 9780190696436
Release Date: 2017-09-18
Genre: Law

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Theatre of the Rule of Law

Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 9781139495332
Release Date: 2010-11-11
Genre: Law

Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

The Degradation of the International Legal Order

Author: Bill Bowring
Publisher: Routledge
ISBN: 9781135330903
Release Date: 2008-02-19
Genre: Law

Providing the basis for critical engagement with the pessimism of the contemporary age, The Degradation of the International Legal Order? argues passionately for a rehabilitation of the honour of historic events and processes, and of their role in generating legal concepts. Drawing primarily from the Marxian tradition, but also engaging with a range of contemporary work in critical theory and critical legal and human rights scholarship, this book analyses historical and recent international events and processes in order to challenge their orthodox interpretation. What is thus proposed is a new evaluation of international legal principles and human rights norms, the revolutionary content of which, it is argued, turns them from mere rhetoric into powerful weapons of struggle. Accessibly written, but theoretically sophisticated, this original and timely book is intended for critical teachers and students of international law, human rights, and international relations, as well as legal and political activists.

The Law of International Lawyers

Author: Wouter Werner
Publisher: Cambridge University Press
ISBN: 9781107193185
Release Date: 2017-03-30
Genre: History

This book provides original perspectives on the work of one of the most important thinkers in international law today.

A World of Struggle

Author: David Kennedy
Publisher: Princeton University Press
ISBN: 9781400889396
Release Date: 2018-04-24
Genre: Law

A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.

Fairness in International Law and Institutions

Author: Thomas M. Franck
Publisher: Oxford University Press
ISBN: 9780198267850
Release Date: 1995
Genre: Law

This book is based on Professor Franck's highly acclaimed Hague Academy General Course. In it he offers a compelling view of the future of international legal reasoning and legal theory. The author offers a critical analysis of the prescriptive norms and institutions of modern international law and argues that international law has the capacity to advance, in practice, the abstract social values shared by the community of states and persons. This book is both thought-provoking and original and as such is essential reading for students of international law and legal theory.