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E-raamat: The Politics of International Law [Hart e-raamatud]

  • Formaat: 388 pages
  • Ilmumisaeg: 10-Jun-2011
  • Kirjastus: Hart Publishing
  • ISBN-13: 9781847316554
  • Hart e-raamatud
  • Hind: 55,48 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Formaat: 388 pages
  • Ilmumisaeg: 10-Jun-2011
  • Kirjastus: Hart Publishing
  • ISBN-13: 9781847316554
Across 14 chapters modified from essays written over the past two decades, Koskenniemi (international law, U. of Helsinki, Finland) explores different contexts in which international law takes on a contested, political appearance through the use of international law as an inseparable vocabulary for politics. Chapters are organized into sections that introduce the basic conceptual understanding of the "politics of international law" promoted herein; collective security as a platform for the use of legal argument in the context of the first Iraq crisis in 1990-91 and the debates among European lawyers during the 1999 Kosovo crisis; issues of ambition, uncertainty, innovation, and stasis in the human rights field; the operation of international law in "limit situations" in the context of crimes against humanity and nuclear weapons as compared to more routine types of institutional work and legal argument; and the politics of international law as it applies to the subject that operates the law and the specificity of legal language. Distributed in the US by ISBS. Annotation ©2011 Book News, Inc., Portland, OR (booknews.com)

Today, international law is everywhere. Wars are declared and conducted in its name, and in its name rights are both protected and renounced. It is also international law which determines who owns and uses the world's scarcest resources. Thus, international law is part of a dangerous and unjust world - a part of how we are governed globally. But, it can also be used to challenge aspects of this world and to give voice to projects which seek to transform the institutions of global governance. In this collection of essays, Professor Martti Koskenniemi - a well known practitioner and one of the great theorists and historians of international law - examines the recent debates on humanitarian intervention, collective security, protection of human rights, and the 'fight against impunity.' Additionally, Koskenniemi reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the critical role of international law in international politics.
Preface and Acknowledgements v
Koskenniemi: A Critical Introduction by Emmanuelle Jouannet 1(32)
Part I The Politics of International Law
33(44)
1 Between Apology to Utopia: The Politics of International Law
35(28)
The Flight from Politics
35(3)
The Content of the Rule of Law: Concreteness and Normativity
38(2)
Doctrinal Structures
40(4)
Substantive Structures
44(14)
The Politics of International Law
58(3)
Conclusion
61(2)
2 The Politics of International Law - 20 Years Later
63(14)
From Doctrines to Institutions
63(5)
Practice: An Eye to Strategic Choices
68(3)
Theory: Against Managerialism
71(4)
European Journal of International Law
75(2)
Part II The Law and Politics of Collective Security
77(54)
3 The Place of Law in Collective Security
79(33)
Rebirth of Collective Security?
80(4)
Collective Action or Power Policy?
84(3)
The Realist Critique of Collective Security
87(2)
The Limits of Realism: Theory v Engagement
89(14)
The Work of the Security Council
103(6)
Security and Law as Institutional Cultures
109(3)
4 `The Lady Doth Protest Too Much': Kosovo, and the Turn to Ethics in International Law
112(19)
Part III The Politics of Human Rights
131(38)
5 The Effect of Rights on Political Culture
133(20)
The Point of Rights
135(1)
Translation Problems
136(4)
Field Constitution
140(2)
Conflicts of Rights
142(3)
Rights-Exception Schemes
145(2)
Indeterminacy of Rights
147(1)
Between Myth and Bureaucracy
148(5)
6 Human Rights, Politics and Love
153(16)
The Pedigree of Rights
153(4)
Human Rights as the Outcome of Politics
157(2)
The Contextuality of Rights
159(10)
Part IV Limits and Possibilities of International Law
169(100)
7 Between Impunity and Show Trials
171(27)
Why Punish?
171(8)
Of Truth and Context
179(6)
A Short History of History Lessons
185(5)
The Politics of Truth
190(5)
`Show Trial?'
195(3)
8 Faith, Identity, and the Killing of the Innocent: International Lawyers and Nuclear Weapons
198(21)
The Opinion
199(2)
Law and Politics
201(2)
Limits of Rules
203(8)
The Sense of Silence
211(4)
Abraham's Lesson
215(4)
9 International Law and Hegemony: a Reconfiguration
219(22)
The Hegemonic Technique
221(2)
Basic Ambivalence: Between Unity and Diversity
223(2)
The Law of Force: Imperial Themes
225(3)
The Law of Peace: Fragmentation Themes
228(2)
Trade: Utilitarian Themes
230(2)
Human Rights Themes
232(3)
Globalisation Themes
235(3)
Conclusion: Between Hegemony and Community
238(3)
10 What is International Law For?
241(28)
The Paradox of Objectives
242(2)
Converging Interests?
244(2)
The Significance of Statehood
246(4)
Into Pragmatism?
250(4)
A Tradition of Anti-Formalism
254(4)
Instrumentalism, Formalism, and the Production of an International Political Community
258(2)
Beyond Instrumentalism and Formalism
260(3)
Between Hegemony and Fragmentation: a Mini-History
263(2)
Legal Formalism and International Justice
265(4)
Part V The Spirit of International Law
269(94)
11 Between Commitment and Cynicism: Outline for a Theory of International Law as Practice
271(23)
Work of Commitment?
273(3)
Commitment under Stress
276(8)
The Judge
284(3)
The Adviser
287(2)
The Activist
289(2)
The Academic
291(3)
12 Style as Method: Letter to the Editors of the Symposium
294(13)
13 Miserable Comforters: International Relations as New Natural Law
307(24)
Introduction
307(1)
Samuel Pufendorf: Natural Law as the Science of the Social
308(7)
The Hidden Career of Natural Law
315(3)
The New Natural Law
318(7)
Kant and International Law Today
325(2)
Conclusion
327(4)
14 The Fate of Public International Law: Between Technique and Politics
331(32)
The Project of Modern International Law
331(3)
Fragmentation
334(5)
Deformalisation
339(6)
Constitutionalism
345(5)
Legal Pluralism
350(4)
Narrative Perspectives
354(2)
German Analogies
356(2)
Contesting Governance
358(5)
Index 363
Martti Koskenniemi is Professor of International Law at the University of Helsinki, Hauser Global Visiting Professor of Law at New York University and Director of the Erik Castren Institute of International Law and Human Rights.