Journal Name: Semiotica Issue: Ahead of print.

International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. (...) It covers the various actors within the system, the theories that help explain their behavior, and the principles and sources of law they create. Part Two turns to the fora that define and support the international order, the historical and political contexts that impacted their design, and their efficacy. Part Three is a capstone section that asks students to weave together everything they have learned in Parts One and Two. Students will engage in normative development regarding climate change, including the existing international treaty regime and U.S. implementation options, and the law of war in the modern age. The cornerstone of this book is its organization. The text groups material into conceptual frameworks that promote understanding and retention. For example, rather than consider the various dispute resolution fora in isolation, Part Two asks students to consider them in the context of what types of disputes arise and what legal rules can be employed to resolve them in various international and domestic fora. The institutions also are presented in chronology. In this way, students are encouraged to chart the developmental progression and to make connections and comparisons between various institutions. The use of conceptual frameworks continues within each part. For example, Chapter Six covers the sovereign State as a conflict resolution forum. Under this umbrella, the author discusses (a) State Jurisdiction; (b) The Reception of International Law into the Domestic Sphere; (c) The Qualification as a State Forum or State Litigant (i.e., Recognition of States & Governments); and (d) Protections Afforded Within the Forum: Sovereign, Diplomatic, and Consular Immunity. A typical coursebook might locate this material in four different chapters. The conceptual framework approach, however, allows students to see the big picture and the relationship between concepts. In addition to the frameworks, there are several other innovative pedagogical devices that support student learning. There are Foundation Questions that initially direct readers through the material and cumulatively help students confirm whether they have grasped key takeaways from each section. There also are Assessment Sets in each section, which provide students with immediate opportunities to apply material and gauge their understanding, and "Why Is This Important (a/k/a WITI Moment)" prompts designed to delve deeper into the underpinnings and consequences of various rules. Finally, there are directed reading notes before some more complex readings and margin annotations to keep readers oriented. (shrink)

There are limits to what can be achieved using the means and medium of international law. This article explores those limits by providing an innovative theory of the nature of international law and how we should understand its limits in terms of value theory. A "four functions" theory is proposed, and these functions are used to interpret areas of international law in terms of their distinctive and valuable contribution to a specific area of human relations. On the (...) basis of this analysis of international law and international legal interpretation, the paper argues that the cosmopolitan aims of a number of moral cosmopolitan scholars fail to taken into account the value limits of international law. This is presented as a value problem, not a problem of feasibility or practicality. (shrink)

Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors, and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable (...) global order in which states act as its main subjects, the traditional sources of international law - international legal statutes, customary international law, historical precedents and general principles of law - create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics - including environmental law, the law of the sea, colonialism, human rights, conflict, and the impact of science and technology - it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book's posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists, and others with interests in posthuman thought, technology, colonialism and ecology. (shrink)

International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to (...) explore the moral commitments of international actors without grappling with the international legal doctrine or institutions. In recent years, however, both disciplines have begun to engage with one another more. This discussion among international lawyers and philosophers addresses the promises of and challenges to interdisciplinary approaches to global justice. The contributors consider the added value of philosophical inquiry to issues facing international law practitioners or scholars, the salience of of international law for political philosophy, and the methodological distinctions between the two fields. The contributors also identify promising lines and examples of interdisciplinary scholarship. (shrink)

A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.

This book examines the concepts of international law and international relations as they are developed in the social and political philosophy of G.W.F. Hegel. Hegel has a vision of a single modern social world, in which peoples and nation-states can co-exist under conditions of peace, justice, mutual respect, and prosperity.

International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international (...) legal knowledge is constructed in ways usually overlooked: by means of footnotes, for example, or conference presentations. In so doing, this book aims to present a new way of seeing international legal scholarship: one that pays attention to the mundane parts of international legal texts and provides a different understanding of how international law as we know it comes about. (shrink)

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law combining the insights of Marxism, socialist feminism and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law including new, feminist, realist and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure and process of international law. The book also considers crucial world order (...) issues and problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics and global studies. (shrink)

This paper argues for the superiority of international law’s existing ban on unilateral secession over its reform to include either a primary or remedial right to secession. I begin by defending the claim that secession is an inherently institutional concept, and that therefore we ought to employ institutional moral reasoning to defend or criticize specific proposals regarding a right to secede. I then respond to the objection that at present we lack the empirical evidence necessary to sustain any specific (...) conclusion regarding an international legal right to secession. Specifically, I argue that we ought to adopt a precautionary approach, and that such an approach justifies giving no weight to promoting political self-determination per se when considering whether to reform international law governing secession. I conclude with several reasons to think that even a remedial right to unilateral secession will detract from, not enhance, the international legal order’s ability to promote peace and human rights. (shrink)

Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices (...) ofstates, has a direct effect on state behavior, and, as a meth-odological matter, can contribute to good theorizing onmatters of international ethics. Recently, philosophical workhas demonstrated a greater engagement with the moral aspects of international law. One strand of scholarship has treated the rules of international law as a proper subject for philosophical inquiry. Another has used international legal rules to support moral arguments about aspects of the international order. Future dialogue and cooperation would benefit both fields, in particular on the challenges to global cooperation from nationalism and on strategies for allocating responsibilities among global actors for rectifying global harms. (shrink)

In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to (...) resolve the issue of secession. It would give territorial political societies a legally recognized liberty to conduct a plebiscite on secession, and, assuming such a plebiscite is won by the secessionist side, a qualified right in international law to create a state without interference. Alan Buchanan has argued that proposals of this sort would create perverse incentives. I argue that there is no good reason to believe this. The point is to allow the legal regulation of secession in cases where there are active secessionist movements with legitimate moral claims, and to attempt to dampen the desire for secession in cases where secessionist sentiment is not well grounded in social and geographic reality. (shrink)

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...) they eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)

Mobilising International Law for 'Global Justice' provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage (...) tensions between incompatible legal systems and bringing an end to harmful practices, such as foreign corruption and child abduction. Finally, it explores how international law has local resonance, whereby, for example, cities have taken it upon themselves to give effect to the spirit of international treaties that national governments fail to implement, or even may have refused to ratify. (shrink)

International human rights law that protects freedom of the press provides a cross-culturally reliable foundation from which to launch a consideration of universal principles in journalism ethics. After examining certain assumptions made by the international law about individuals and about the kind of journalism the law intends to protect, in this article I propose that truthtelling, independence, and freedom with responsibility are universal ethical principles international law envisions for journalists. These principles would undoubtedly be applied differentially in (...) different cultures, but I conclude that the culturally specific ways journalists analyze ethical dilemmas can arise from a common concern for the 3 principles. (shrink)

Contemporary international law. Methodology -- The origin of sovereignty in Roman and medieval law -- The transformation of sovereignty and international law in late modernity -- The transformation of international law by human rights -- The UN convention system and US foreign policy -- IR realism and the positivity of international law -- Containment and disengagement -- Assassination and international law -- Humanitarian intervention and international law -- Lawfare, Wikileaks, and the rule of law.

This paper examines the tension between the mainstream belief in international law as a source of objectivity distinct from politics and its new stream critics that question the validity of such a distinction. It is argued that, as a type of language, international law is not distinct from politics as a function of objectivity, but rather by the fact that it serves the international community’s thymos. The phenomena of global administrative law and NATO’s use of force in (...) Kosovo are analyzed as examples of how the thymos drives international law. Building on feminist theories of international law, the article sets forth a vision of international law as the primary communicative device for the international community’s thymos. (shrink)

This conversation between two scholars of international law focuses on the contemporary realities of feminist analysis of international law and on current and future spaces of resistance. It notes that feminism has moved from the margin towards the centre, but that this has also come at a cost. As the language of women’s rights and gender equality has travelled into the international policy worlds of crisis management and peace and security, feminist scholars need to become more careful (...) in their analysis and find new ways of resistance. While noting that we live in dangerous times, this is also a hopeful discussion. (shrink)

The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may (...) be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times. (shrink)

The trend toward the “humanization” of international law reflects a greater emphasis on individuals rather than simply states as objects of concern. The advance of human rights law (HRL) has been an important impetus for this trend. Some observers suggest that humanization can be furthered even more by applying HRL rather than international humanitarian law (IHL) to hostilities between states and nonstate armed groups, unless a state explicitly declares that it is engaged in an armed conflict. This essay (...) argues, however, that a court should not defer to a state's characterization of hostilities, but should base its analysis on whether hostilities meet the criteria for an armed conflict. Applying HRL to hostilities that effectively are an armed conflict but not acknowledged as such risks diluting the legitimacy and normative force of HRL. On the one hand, if a court applies conventional stringent HRL standards, this body of law may be seen as unrealistic and is likely to be ignored. On the other hand, a court that adapts HRL standards to armed conflict may need to take a consequentialist approach at odds with HRL's deontological foundations. Clearly differentiating between HRL and IHL may thus best promote the humanization of warfare. (shrink)

This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a (...) particular international law topic by drawing from a variety of fields through a multi-method approach to highlight how these fields may come together in a single project. Still others use behavioral insights as a form of critique to highlight the blind spots and related mistakes in more traditional analyses of the law. Throughout this volume, authors present creative, insightful, challenges to traditional international law scholarship. (shrink)

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.

The book offers the first analysis of the influence exercised by the concept of space on the emergence and continuing operation of international law. By adopting a historical perspective and analysing work of two central early modern thinkers – Leibniz and Hobbes – it offers a significant addition to a limited range of resources on early modern history of international law. The book traces links between concepts of space, universality, human cognition, law, and international law in these (...) two early modern thinkers in a comparative fashion. Through this analysis, the book demonstrates the dependency of the contemporary international law on the Hobbesian concept of space. Although some Leibnizian elements continue to operate, they are distorted. This continuing operation of Leibnizian elements is explained by the inability of international law, which is based on the Hobbesian concept of space, to ensure universality of its normative foundation. (shrink)

Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law (...) and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time. (shrink)

A case is made that so-called international law is law in name only and, moreover, that although bona fide international law is theoretically possible, it would not be desirable.

This chapter contains sections titled: The Subject Matter of International Law The Sources of International Law Conclusion References.

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. (shrink)

volume I. Philosophical inquiries and general theoretical concerns -- volume II. The kaleidoscope of different international law theories.

This chapter focuses on the implications of economically self‐interested behavior by voters and lobbyists, rather than important issues of irredentism, demagoguery, and security. It also focuses on the political problems of liberalizing migration between poor and wealthy states. Economists often support temporary migration in order to guard against potential adverse effects of brain drain. International organizations can serve to engage in surveillance, communication, and adjudication in order to enforce rules. Responsibility for international economic migration could be assigned to (...) an existing organization or to a new organization. The chapter addresses the possible features of a new international organization addressing migration. It also describes the present migration‐related functions of the International Organization for Migration (IOM), International Labor Organization (ILO), and World Trade Organization (WTO). The ILO has broad experience in a variety of labor and migration issues, and its tripartite structure facilitates negotiations that involve the concerns of industry and labor. (shrink)

The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...

Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or (...) resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distill their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness." -- Publisher's website. (shrink)

This contribution intends to examine the role of democracy in the evolution of international law, and equally the role of the latter in the advancement of democracy, or, one might say, in its 'reinvention'. Two aspects of this broad theme are addressed: the influence of processes of democratization at the level of the individual nation on the evolution of international law, and the extent of penetration of democracy and democratic mechanisms within the processes of creation and application of (...) international law. A rich record of examples drawn by international jurisprudence is used to illustrate these complementary processes. (shrink)

This chapter considers the key values underlying and explaining important features of international law as a system of law. It uses that value analysis as a way of interpreting international law and of asking whether, within those values, international law can be made to serve certain 'global cosmopolitan' re-distributive aims. The chapter argues that the constraints of international law mean that it is not an appropriate medium for global re-distributive goals commonly associated with theories of societal (...) justice. Because those features and constraints are based in values that international law distinctly serves, those constraints cannot simply be ignored, overridden, or changed judicially. (shrink)

This 2007 volume is intended to help readers understand the relationship between international law and international relations. As a testament to this dynamic area of inquiry, new research on IL/IR is now being published in a growing list of traditional law reviews and disciplinary journals. The excerpted articles in this volume, all of which were first published in International Organization, represent some of the most important research since serious social science scholarship began in this area more than (...) twenty five years ago. They are important milestones toward making IL/IR a central concern of scholarly research in international affairs. The contributions cover some of the main topics of international affairs to provide readers with a range of theoretical perspectives, concepts, and heuristics that can be used to analyze the relationship between international law and international relations. (shrink)

International Rules brings together exemplary works from the most prominent approaches to international rules of International Law and International Relations disciplines. Included are chapters on Natural Law, Legal Positivism, Classical Realism, the New Haven School, Institutionalism, Structural Realism, the New Stream, and Feminist Voices. Each of the eight chapters begins with a brief overview, offers a representative work or works, and concludes with a selected bibliography. From Hugo Grotius to David Kennedy, from George Kennan to Robert (...) Keohane, the featured authors provide valuable insights into their common subject: international rules. Despite divergent methods and objectives, they address fundamentally the same questions: What is the nature of such rules? What is their purpose? How do they originate? What role, if any, do they play in politics? Framing the selections assembled are two original chapter-length essays. The first chapter of this volume assesses the prospects for interdisciplinary collaboration; the final one suggests a direction for future research. (shrink)

The gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised by the (...) Resolution 2532 adopted to address the pandemic, manifest yet again the identified deficiencies of the WPS agenda at the UNSC, namely fragmentation, securitisation, efficacy and legitimacy. What Resolution 2532 does bring, however, is new clarity about the underlying reasons for the repeated and enduring nature of these deficiencies at the UNSC. Specifically, the COVID-19 ‘crisis’ is powerful in exposing the deficiencies of the crisis framework in which the UNSC operates. My reflections draw on insights from Hilary Charlesworth’s seminal contribution ‘International Law: A Discipline of Crisis’ to argue that, instead of conceding the ‘crisis’ framework to the pandemic by prioritising the UNSC, a ‘feminist recovery’ must instead follow Charlesworth’s exhortation to refocus on an international law of the everyday. (shrink)

The rejection of an infinitesimal solution to the zero-fit problem by A. Elga ([2004]) does not seem to appreciate the opportunities provided by the use of internal finitely-additive probability measures. Indeed, internal laws of probability can be used to find a satisfactory infinitesimal answer to many zero-fit problems, not only to the one suggested by Elga, but also to the Markov chain (that is, discrete and memory-less) models of reality. Moreover, the generalization of likelihoods that Elga has in mind is (...) not as hopeless as it appears to be in his article. In fact, for many practically important examples, through the use of likelihoods one can succeed in circumventing the zero-fit problem. 1 The Zero-fit Problem on Infinite State Spaces 2 Elga's Critique of the Infinitesimal Approach to the Zero-fit Problem 3 Two Examples for Infinitesimal Solutions to the Zero-fit Problem 4 Mathematical Modelling in Nonstandard Universes? 5 Are Nonstandard Models Unnatural? 6 Likelihoods and Densities A Internal Probability Measures and the Loeb Measure Construction B The (Countable) Coin Tossing Sequence Revisited C Solution to the Zero-fit Problem for a Finite-state Model without Memory D An Additional Note on ‘Integrating over Densities’ E Well-defined Continuous Versions of Density Functions. (shrink)

International law has one principal mechanism for settling the legality of humanitarian interventions, the United Nations Security Council's power to authorise coercion. However, this is hardly satisfactory in practice and has failed to provide a more secure juridical basis for determining significant conflicts among states over when humanitarian force is justified. This article argues that, in spite of Immanuel Kant's limited analysis of intervention, and his silence on humanitarian intervention, his political theory provides the elements of a compelling analysis (...) on this topic. Five components of Kant's roadmap towards perpetual peace and an eventual world republic give conditional support for humanitarian intervention even in imperfect juridical conditions. This support is conditional on the achievement of juridical progress within and among states and has implications for the development of cosmopolitan citizenship. From Kant we learn that, ultimately, humanitarian intervention should become a matter of coercive law enforcement rather than an ethical question of ‘saving strangers’. (shrink)

Using the Rule of Law as the theoretical framework in his paper, the author proceeds to discuss ASEAN integration. His ultimate objective is to examine the applicability of Brunnée and Toope’s Interactional International Law to ASEAN integration. To provide the background to the process of ASEAN integration, the author cites selected works of scholars and experts in the fields of international law and international relations. The most important factor to be considered is the ASEAN Charter’s inclusion of (...) the principle of the Rule of Law to guide its integration efforts. This is viewed by Western democracies as a commitment by the ASEAN Member States to the Rule of Law. Interestingly, Democracy and Human Rights stand side-by-side with the Rule of Law in the Charter. Quite expectedly, scholars and practitioners of International Law and International Relations see the inclusion of these principles as an indication of ASEAN embracing the rules, norms, and values that the West hold dearly. These are the same rules, norms and values that underpin the liberal democracies of North America and Europe, and which provide the European Union its theoretical foundation. In the EU, the Rule of Law is an important guiding principle. For the same reason, the emergence of supranational institutions became a matter of course in the process of their integration. In conclusion, the author suggests that IIL should provide the proper theoretical legal framework for ASEAN integration to move forward after taking into account the current heterogeneity in the political, economic, social and cultural profiles of the ASEAN Member States. Keywords- Legal Philosophy, international law, ASEAN regional integration, interactional international law, international relations, Philippines. (shrink)

In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international (...) legal skepticism, and understanding why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law. (shrink)

This article examines, through a theoretical lens, two issues concerning equality under international law thrown up by the ongoing Russo-Ukrainian War: the equal treatment of belligerents on different sides under international humanitarian law (IHL), which is being contested by revisionist just war theorists, and the unequal treatment of Ukrainians with different genders assigned at birth who are trying to flee Ukraine, which is being contested under international human rights law (IHRL). By examining different conceptions of equality through (...) the lens of social ontology, this article distinguishes between the regulatory focus of IHL on individual agency and the regulatory focus of IHRL on social structures, which directly influence how ‘difference’ and ‘sameness’ are recognized and determined for the purpose of conceptualizing equality. Because of IHL’s focus on individuals, whose agency is limited in war, only highly agential conduct (e.g. targeting civilians) makes a ‘difference’ under IHL. Meanwhile, outside IHL’s regulatory focus, the different causes of states’ participation in war are evened out as the ‘same’ structured positions occupied by different individuals, warranting their same treatment according to belligerent equality. On the other hand, because of IHRL’s focus on social structures, which heavily condition the individuals, structural arrangements make a ‘difference’ under IHRL. Outside IHRL’s regulatory focus, individuals’ different innate characteristics such as sexual characteristics are evened out as the ‘same’ agential quality of being human, warranting their same treatment according to sex equality. The article argues that the contestations about these equality principles find deeper roots in their divergent social ontological visions, the revelation of which can open up new spaces for dialogue on and inquiry into a common social world that grounds the legal conceptions of equality. (shrink)

The book offers insights on whether international law can shape the politics of the Security Council and, conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council's behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The (...) analysis is divided into three periods - the origins and Cold War period, post-Cold War period and the twenty-first century - and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council's resolutions do not contribute significantly to the development of international law. (shrink)

This chapter discusses the theory of international law. In analytic jurisprudence, at least since the latter half of the twentieth century, the primary debate in general jurisprudence has been between legal positivism and its most ardent critic, Ronald Dworkin. The positivist tradition is represented here by its two most important theorists, Hans Kelsen and H.L.A. Hart. During their careers, Kelsen and Hart clashed over the best understanding of legal positivism. For his part, Dworkin devoted the bulk of his critical (...) attention to Hart's work. The chapter also focuses on the way in which each theorist builds his view of international law against the background of a more general jurisprudence. Hart argues that the differences between international law and municipal law might eventually be overcome. International law might be in a stage of transition that will bring it nearer in structure to a municipal system. (shrink)

This volume insists that, if we are to properly face the challenges of the coming century, we need to re-examine international politics and development through the prism of ethics and morality. International relations must now contend with a widening circle of participants reflecting the diversity and unevenness of status, memory, gender, race, culture and class. Contributors to this volume challenge North America's privileged position in world politics, suggest initiatives for improving the quality of human existence in tangible ways, (...) and critique the conventional wisdom on how we think we can create peace and justice. Re-Framing the International shows that, when we develop projects for world reform, we must remember that the most basic prevailing assumptions of modern law, politics, and culture are by no means as obvious, natural, or progressive as we formerly thought. (shrink)

The specialised 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. Current 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'. (shrink)

By examining the relationship between international law and empire from early modernity to the present, this volume aims at deepening current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance.

Against expectations that the turn away from state socialism would likewise initiate a turn away from Marxist thought, recent years have seen a resurgence of interest in Marxism and its reassessment by a new generation of theorists. This book pursues that interest with specific reference to international law. It presents a sustained and fascinating exploration of the pertinence of Marxist ideas, concepts and analytical practices for international legal enquiry from a range of angles. Essays consider the relationship between (...) Marxism and critical approaches to international law, the legacy of Soviet international legal theory, the bearing of Marxism for the analysis of international trade law and human rights, and the significance for international legal enquiry of such Marxist concepts as the commodity, praxis and exploitation. (shrink)

International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international (...) law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law. (shrink)