Unconditional Life: The Postwar International Law Settlement

Oxford University Press UK (2016)
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Abstract

Drawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments. The book examines the public discourse regarding technological risk in World War II texts of unconditional surrender, in the World Trade Organisation's EC-Biotech dispute, and in the International Court of Justices' Nuclear Weapons Advisory Opinion. The volume describes international law in terms of its management of, and relation to, the risks associated with technological innovation in war and in trade. It proposes that international law, too, is itself a kind of technology: one intended to manage the material and existential risks inherent in the creation of a new international, postcolonial, political community emerging out of the Second World War. Members of this community are imagined to possess a universal quality: humanness, which itself is underscored by a power of invention. Yoriko Otomo demonstrates how international lawyers' inability to adjudicate questions of large-scale technological risk is due to the competing and intractable claims of international law.Offering a feminist analysis of the political economy that has created this crisis of governance, the book provides a way of understanding the structural inequities that will need to be addressed if international law is to remain a relevant forum for the adjudication of war and trade into the 21st century.

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Chapters

Reading International Law

This chapter explains how this book sits among a broader set of investigations by international law scholars who draw on critical theory. It does so by giving a succinct account of how international law problems are expressed in terms of three philosophical concerns: international law’s cr... see more

Atomic Age

This chapter offers a commentary on how gendered metaphysics is also reflected in post-war discourse. Examples from the wartime speeches and declarations by officials and the heads of state of the United States, Germany, and Japan, as well as from international law documents such as the Un... see more

The Human’s Bodies

This chapter returns to the framework set out in Chapter 1 to consider the implications of the analysis in the foregoing chapters. It begins by looking at how we can think otherwise about international law in terms of metaphysics, aesthetics, and ethics. If international law indeed manifes... see more

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From Social Uprising to Legal Form.Anastasia Tataryn - 2019 - Law and Critique 30 (1):41-65.

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