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Vol 21 No 10 Oct/Nov 2016

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Humanity's Law


ISBN13: 9780199975464
Published: May 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback (Hardback in 2011)
Price: £17.49
Hardback edition out of print, ISBN13 9780195370911



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In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security.

The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.

Subjects:
Public International Law, Jurisprudence
Contents:
1. Introduction
2. The Faces of Humanity: Origins and Jurisprudence
3. The Ambit of Humanity Law: An Emerging Transnational Legal Order
4. Peacemaking, Punishment, and the Justice of War: The Humanity Law Framework and the Turn to International Criminal Justice
5. Protecting Humanity: The Practice of Humanity Law
6. Humanity Law and the Discourse of Global Justice: The Turn to Human Security
7. Humanity Law and the Future of International Law: Debating Sovereignty and Cosmopolitanism
8. A Humanity Law of Peoples: Normative Directions and Dynamics
9. Conclusion