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The Philosophy of International Law
This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
The Oxford Handbook on the Sources of International Law
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
The Morality of Conflict
This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertainin...
Deliberative Democracy and Its Discontents
Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. The essays consider the thr
Sovereignty in Transition
Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organising concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent,and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus o...
Due Diligence in International Law
Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states’ obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.
The Morality of Conflict
It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement.
Reconstructing the International Institutional Order
States are no longer alone on the international scene. Other institutions intervene alongside States, and even sometimes in their place, such as international organizations, multinational corporations, non-governmental organizations, regions or global cities. Still, one would look in vain for clear indications in international law, including for the basic principles of an “international law of institutions” that could address the three fundamental questions of social and political organization that are representation, regulation and responsibility. What institutions may act in whose name internationally? What are the conditions for their actions to bind us legally and have the legitimacy to do so? And what institutions should be held responsible, by whom and how, in case of violation of international law? The time has come to reconstruct the international institutional order.
The Impact of International Organizations on International Law
The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges inte...
The Role of Ethics in International Law
The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.
