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The Philosophy of International Law

Edited by: Samantha Besson, John Tasioulas

ISBN13: 9780199208579
Published: April 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £26.00



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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.

Subjects:
Public International Law, Jurisprudence
Contents:
Introduction
PART I GENERAL ISSUES IN THE PHILOSOPHY OF INTERNATIONAL LAW
SECTION I HISTORY OF THE PHILOSOPHY OF INTERNATIONAL LAW
1. 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
2. Immanuel Kant on International Law
SECTION II LEGITIMACY OF INTERNATIONAL LAW
3. The Legitimacy of International Law
4. The Legitimacy of International Law
SECTION III INTERNATIONAL DEMOCRACY
5. Democratic Legitimacy and International Institutions
6. Legitimate International Institutions: A Neo-Republican Perspective
SECTION IV SOURCES OF INTERNATIONAL LAW
7. Theorizing the Sources of International Law
8. The Sources of International Law: Some Philosophical Reflections
SECTION V INTERNATIONAL ADJUDICATION
9. International Adjudication
10. International Adjudication: A Response to Paulus - Courts, Custom, Treaties, Regimes, and the WTO
SECTION VI SOVEREIGNTY
11. The Logic of Freedom and Power
12. Sovereignty in the Context of Globalization: A Constitutional Pluralist Perspective
SECTION VII INTERNATIONAL RESPONSIBILITY
13. International Responsibility
14. International Responsibility
PART II SPECIFIC ISSUES IN THE PHILOSOPHY OF INTERNATIONAL LAW
SECTION VIII HUMAN RIGHTS
15. Human Rights without Foundations
16. Human Rights and the Autonomy of International Law
17. Human Rights
SECTION IX SELF-DETERMINATION AND MINORITY RIGHTS
18. Minority Rights in Political Philosophy and International Law
19. Two Conception of Self Determination
SECTION X INTERNATIONAL ECONOMIC LAW
20. The Role of International Law in Reproducing Massive Poverty
21. Global Justice, Poverty and the International Economic Order
SECTION XI INTERNATIONAL ENVIRONMENTAL LAW
22. Philosophical Issues in International Environmental Law
23. Ethics and International Environmental Law
SECTION XII LAWS OF WAR
24. The Laws of War
25. Laws of War
SECTION XIII HUMANITARIAN INTERVENTION
26. Humanitarian Intervention
27. Humanitarian Militarism?
SECTION XIV INTERNATIONAL CRIMINAL LAW
28. Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law
29. Authority and Responsibility in International Criminal Law