From Apology to Utopia: The Structure of International Legal Argument
This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.
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acceptance agreement AJIL application argue ascending assume assumption behaviour binding BYIL character claim conception concrete conflict consensual consent construction Continental Shelf Court criteria criticism custom customary delimitation descending discourse discussion dispute diss distinction doctrine Droit international effect equity estoppel example existence expressed external Fitzmaurice formal Gulf of Maine GYIL Ibid idea idem interests international law international lawyers international legal interpretation jurisdiction jus cogens justice justify Kelsen Lauterpacht law’s legal argument liberal liberty matter Me´langes modern moral natural law naturalist non-consensual normative North Sea objective obligation one’s opinio juris particular parties passim PCIJ perspective policy-approach political position practice principle problem pure fact RCADI recognition reference relations relevant Reports Reuter RGDIP rule-approach rules seems simply social solution South West Africa sovereignty standard State’s statehood strategy structure subjective supra territorial theory theory of justice tion treaty utopian valid Vattel Vo¨lkerrecht Zao¨RV
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International Environmental Law, Policy and Ethics
No preview available - 2000