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Parochialism, Cosmopolitanism, and the Foundations of International Law

Author: Mortimer N. S. Sellers

Publisher: Cambridge University Press

Published: 2012

Total Pages: 303

ISBN-13: 0521518024

This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

Kant and Cosmopolitanism

Author: Pauline Kleingeld

Publisher: Cambridge University Press

Published: 2011-11-10

Total Pages: 233

ISBN-13: 1139504266

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This is the first comprehensive account of Kant's cosmopolitanism, highlighting its moral, political, legal, economic, cultural and psychological aspects. Contrasting Kant's views with those of his German contemporaries and relating them to current debates, Pauline Kleingeld sheds new light on texts that have been hitherto neglected or underestimated. In clear and carefully argued discussions, she shows that Kant's philosophical cosmopolitanism underwent a radical transformation in the mid 1790s and that the resulting theory is philosophically stronger than is usually thought. Using the work of figures such as Fichte, Cloots, Forster, Hegewisch, Wieland and Novalis, Kleingeld analyses Kant's arguments regarding the relationship between cosmopolitanism and patriotism, the importance of states, the ideal of an international federation, cultural pluralism, race, global economic justice and the psychological feasibility of the cosmopolitan ideal. In doing so, she reveals a broad spectrum of positions in cosmopolitan theory that are relevant to current discussions of cosmopolitanism.

Cosmopolitanism in Context

Author: Roland Pierik

Publisher: Cambridge University Press

Published: 2010-06-17

Total Pages:

ISBN-13: 113948804X

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Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into effective global institutions. Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the effects of such bureaucratisation of cosmopolitan ideals? This volume examines the strained relationship between cosmopolitanism as a moral standard and the legal institutions in which cosmopolitan norms and principles are to be implemented. Five areas of global concern are analysed: environmental protection, economic regulation, peace and security, the fight against international crimes and migration.

A Landscape of Contemporary Theories of International Law

Author: Emmanuel Roucounas

Publisher: BRILL

Published: 2019-09-16

Total Pages: 731

ISBN-13: 9004385363

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The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.

The Oxford Handbook of Jurisdiction in International Law

Author: Stephen Allen

Publisher: Oxford University Press

Published: 2019-08-27

Total Pages: 700

ISBN-13: 0191089362

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The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

Altruism in International Law

Author: Jason Rudall

Publisher: Cambridge University Press

Published: 2021-08-12

Total Pages: 287

ISBN-13: 1108871860

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Much emphasis has been placed on the role that individualism, self-interest and reciprocity have in the formation and function of international legal rules. Rarely has attention been given to the presence of altruism in legal systems, let alone the international legal system. In a study that is the first of its kind in international legal scholarship, Altruism in International Law explores and analyses the emergence of altruistic legal relationships between states and people in other countries. The book also argues that the impulse for the emergence of these relationships is a cosmopolitan ideology, which co-exists with a persisting statist ideology, among the major actors in international law-making processes. Further still, the book reveals that individualistic legal norms are more often manifested as strict rules while altruistic legal norms find expression in flexible standards. This suggests that there is a connection between substance and form in international law.

Tipping Points in International Law

Author: Jean d'Aspremont

Publisher: Cambridge University Press

Published: 2021-10-28

Total Pages: 403

ISBN-13: 110884510X

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Explores the possibilities and limits of the international legal architecture and its expert communities in shaping the world of tomorrow.

The International Rule of Law

Author: Denise Wohlwend

Publisher: Edward Elgar Publishing

Published: 2021-05-28

Total Pages: 328

ISBN-13: 178990742X

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This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.

The New Global Law

Author: Rafael Domingo

Publisher: Cambridge University Press

Published: 2010-02-26

Total Pages: 241

ISBN-13: 1139485946

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The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

International Legal Positivism in a Post-Modern World

Author: Jörg Kammerhofer

Publisher: Cambridge University Press

Published: 2014-10-06

Total Pages: 555

ISBN-13: 1316062384

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International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.