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Vol 21 No 10 Oct/Nov 2016

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Ordering Anarchy

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ISBN13: 9789041114082
ISBN: 9041114084
Published: June 2002
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £154.00



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The end of the Cold War has released some hitherto suppressed trends in international society that are reshaping international order, such as globalization and its nemesis - fragmentation.

This volume analyzes the current transformation of the character of the state as the principal actor of international society and related changes in the structure of international society. International law, especially its fundamental principles, such as sovereign equality of states, non-use of force, non-interference, respect for human rights, and self-determination of peoples, reflect some basic characteristics of the state and the structure of international society.

Because of significant changes going on in the latter, many crucial principles of international law have ceased to reflect the reality. Moreover, fundamental principles often come into conflict with each other since they reflect main characteristics of different international societies -- Westphalian and post-Westphalian.

Part I of the volume analyses theoretical issues of international law, such as the nature of international law, its place in the world and its sources, and the relationship between international and domestic law. After the study of the changing world political landscape in Part II, Part III concentrates on contemporary issues of the use of force, human rights, and humanitarian law.

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Contents:
Acknowledgements. Introduction. Part I: Theory and International Law.
1. Theory of International Law in its Multiple Manifestations.
2. `Newstream' versus `Mainstream' in Theory of International Law? 3. Theory and Practice of International Law and Social Progress. Part II: The State, International Society and International Law.
4. The State in International Society.
5. Fundamental Principles as Reflections of the Structure of International Society.
6. The Relationship between International and Domestic Law in the Context of Interaction Between International Society and the State.
7. Problems of Law-Making in International Society. Part III: International Law and Post-Westphalian Challenges: Human Rights, Use of Force and Humanitarian Law in Transition.
8. The Future of Human Rights in the Globalising World.
9. The Use of Force Between its Past and Future.
10. Humanitarian Law in the 21st Century: Internal Wars -- International Affairs. Instead of Conclusions. Index.