Is the Doomsday of International Law Looming Around in the Twenty-First Century?: A Response to the Sceptics of Efficacy of International Law (original) (raw)
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This chapter introduces the concept and need of public international law, with some of the definitions of international law. It contains a brief introduction to the nature of international law and touches upon the significance of international politics in international law. It also introduces the reader to the commonalities and differences between international and national legal systems. It discusses the issue of international law in an unequal international society and reflects how the statecentric approach affects the realms of international law. It further brings out an interesting case of Social Contract Theory in International Law, whereby the need for international law is pressed with the Social contractarian arguments. The chapter towards the end briefly outlines a comparative sketch between public international law and private international law.
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47AM via free access sensibilities that remain prevalent in today's legal writings, while also bringing attention to the limits, nuances and fractures in these sensibilities. Here, we offer detailed readings, criticisms and extensions of texts by Jhering, Hohfeld, Ross, Cohen, Kennedy and Koskenniemi, to name but a few. We argue that these writings offer various and contrasting aesthetic, ethical and political insights into how we live with, apprehend, think of and know international law through its concepts. These insights tend to emerge with considerable strength when we look at the tensions and differences between sensibilities side by side. Finally, it is perhaps clear by now that we intend this introduction to be a standalone piece. Nevertheless, the third section is a brief introduction to the volume itself. It outlines how we chose the concepts that comprise this volume, the types of concepts contained herein, how authors approached their given task and how we see relations between the various concepts contained in the book and the many that lie beyond its limited purview.
American Journal of Comparative Law, 2008
The rule of law is almost universally supported at the national and international level. The extraordinary support for the rule of law in theory, however, is possible only because of widely divergent views of what it means in practice. Disparate national traditions posed few problems while operating in parallel, but efforts to promote the rule of law through international organizations have necessitated a reassessment of this pluralism. This article proposes a core definition of the rule of law as a political ideal and argues that its applicability to the international level will depend on that ideal being seen as a means rather than an end, as serving a function rather than defining a status. Such a vision of the rule of law more accurately reflects the development of the rule of law in national jurisdictions and appropriately highlights the political work that must be done if power is to be channeled through law. two anonymous referees were kind enough to comment on earlier drafts -though not so kind as to take responsibility for errors that remain. This article draws upon passages first written for the "rule of law" entry in the MAX PLANCK ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW (Rüdiger Wolfrum ed., forthcoming).
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Is International Law International? The title of the celebrated book authored by Anthea Roberts poses a prima facie straightforward, binary question. The present contribution starts with a synopsis of the driving concepts that constitute the backbone of the book under consideration, namely ‘difference’, ‘dominance’, and ‘disruption’. It then sheds light on the benefits of the proposed comparative (approach to) international law. The next part traces lines of critique of Roberts’s main arguments. In this respect, the existence of an underlying normative framework is investigated, as Roberts’s endeavor could be construed as being too neutral. The connecting thread of the propounded critical remarks lies in the author’s approach towards international law’s universality. The idea of law as a unity of perceptions constitutes a domestic presumption that is not directly transposable at the international level. The question that naturally flows from the preceding observations concerns the possibilities and the promises that international law offers.
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