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Vol 21 No 11 Nov/Dec 2016

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Critical International Law: Postrealism, Postcolonialism, and Transnationalism

Edited by: Prabhakar Singh, Benoit Mayer

ISBN13: 9780199450633
Published: November 2014
Publisher: Oxford University Press India
Country of Publication: India
Format: Hardback
Price: £29.99



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The number of scholars engaging critically with the paradoxes hidden in international law continues to grow. This edited volume features contributions by scholars from around the world, from different generations, and with different critical perspectives, reflecting the vibrancy of contemporary critical debates.

The editors have identified three main streams representating critical international law. While Postrealism discusses international laws and international politics, Postcolonialism grapples with the understanding of international law vis-a-vis decolonized countries informed by sociology, philosophy and history.

Transnationalism displaces states as the primary makers of international law to include non-state actors in the global governance, if any, of international law. This book would be useful to students and researchers in international law and related disciplines (e.g. international relations, global studies, political science, sociology of law).

Subjects:
Public International Law
Contents:
Acknowledgements
Foreword by Simon Chesterman
1. Thinking International Law Critically: One Attitude, Three Perspectives (Prabhakar Singh and Benoit Mayer)

SECTION I: POSTREALISM
2. Descendants of Realism? Policy-oriented International Lawyers as Guardians of Democracy (Hengameh Saberi)
3. Riddles of the Sands: Time, Power, and Legitimacy in International Law (John R. Morss)
4. The Welfarist Approach to International Law: An Appraisal (Rossana Deplano)
5. Revisiting the Role of the International Courts and Tribunals? (Prabhakar Singh)

SECTION II: POSTCOLONIALISM
6. Towards a Post-colonial International Law (Antony Anghie)
7. A Universal History of Infamy: Human Rights, Eurocentrism, and Modernity as Crisis (Jose-Manuel Barreto)
8. 'Suffering' the Paradox of Rights? Critical Subaltern Historiography and the Genealogy of Empathy (Mark Toufayan)
9. The 'Magic Circle' of Rights Holders: Human Rights' Outsiders (Benoit Mayer)

SECTION III: TRANSNATIONALISM
10. The Rise and Fall of 'International Man' (Frederic Megret)
11. The Human Right to Water as a 'Creature' of Global Administrative Law (Owen McIntyre)
12. Of Precedents and Ideology: Law-making by Investment Arbitration Tribunals (Rene Uruena)
13. Constitutionalism and Pluralism: Two Ways of Looking at Internationalism (Prabhakar Singh and Sonja Kubler)

AFTERWORD
14. What's Critical about Critical International Law? Reflections on the Emancipatory Potential of International Legal Scholarship (Sebastien Jodoin and Katherine Lofts)
Index