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Vol 21 No 10 Oct/Nov 2016

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The Nature of International Law

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ISBN13: 9780754620655
ISBN: 0754620654
Published: October 2002
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



This volume is intended to provide a map of some of the great theoretical debates within the discipline of international law. The essays included are structured as dialogues between international legal theorists on concret subjects such as democracy, gender, compliance, sovereignty and justice. They represent some of the most interesting theoretical work undertaken in international law.

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Contents:
Part 1 Three overviews: an anatomy of international thought; international law and international relations theory - a dual agenda; navigating the new stream - recent critical writing in international law.
Part 2 Ontology - is international law, law?: the science of international law; is international law really law?; positivism, functionalism and international law; anarchy and the limits of cooperation - a realist critique of the newest liberal institutionalism; the view from the New Haven School of International Law; legitimacy in the international system.
Part 3 What is the source of law?: ideals and things - international legal scholarship and the prison-house of language.
Part 4 Who are the primary actors?: transnational legal process; the future of statehood.
Part 5 Is international law neutral?: the politics of international law; feminist re/statements - feminism and state sovereignty in international law; finding the peripheries - sovereignty and colonialism in 19th-century international law.
Part 6 Is international law just?: is justice relevant to the international legal system?; law, justice and the idea of world society.
Part 7 Is international law democratic?: the Kantian theory of international law; the end of history? - reflections on some international legal theses.