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Author: Alfred P. Rubin Publisher: Cambridge University Press ISBN: 9780521582025 Category : Law Languages : en Pages : 260
Book Description
The specialized vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'.
Author: Alfred P. Rubin Publisher: Cambridge University Press ISBN: 9780521582025 Category : Law Languages : en Pages : 260
Book Description
The specialized vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'.
Author: Donald Earl Childress, III Publisher: Cambridge University Press ISBN: 1139503677 Category : Law Languages : en Pages : 291
Book Description
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.
Author: Başak Cali Publisher: Oxford University Press, USA ISBN: 0199685096 Category : Law Languages : en Pages : 225
Book Description
Offering a nuanced and realistic account of the authority of international law, this book discusses whether international law is obeyed, and the type of duties it imposes on the state. Through a review of present accounts ranging from the mainstream to extra-disciplinary, the extent of authority is explored.
Author: Claire Oakes Finkelstein Publisher: Ethics, National Security, and ISBN: 0190922540 Category : Law Languages : en Pages : 377
Book Description
This volume explores moral and legal issues relating to sovereignty by addressing foundational questions about its nature, examining state sovereignty between states, and dealing with post 9/11 developments in the U.S., potentially destabilizing received views of democratic sovereignty. With essays addressing foundational, state and international sovereignty, the book focuses on Post 9/11 developments including the profusion of secret national security programs, including those pertaining to the interrogation, rendition, and detention of terror suspects; signal intercepts and meta-data analysis; and targeted killing of irregular militants; prompting questions regarding the legitimacy of executive power in this arena.
Author: Daniel Warner Publisher: Lynne Rienner Publishers ISBN: 9781555872663 Category : Political Science Languages : en Pages : 176
Book Description
Questioning many of the traditional assumptions found in discussions of ethics in international relations, Warner introduces a new way of thinking about moral responsibility and invites reflection on the nature of communities and states.
Author: Samantha Besson Publisher: OUP Oxford ISBN: 0191613533 Category : Philosophy Languages : en Pages : 632
Book Description
International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.
Author: Rüdiger Wolfrum Publisher: Springer Science & Business Media ISBN: 3540777644 Category : Law Languages : en Pages : 422
Book Description
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Author: E. Heinze Publisher: Springer ISBN: 0230101798 Category : Political Science Languages : en Pages : 287
Book Description
In original essays written by both senior scholars as well as rising younger scholars in the field of international ethics, this volume addresses the ethics of war in an era when non-state actors are playing an increasingly prominent role in armed conflict.
Author: Allen Buchanan Publisher: OUP Oxford ISBN: 0191522465 Category : Political Science Languages : en Pages : 528
Book Description
This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
Author: Alfred P. Rubin
Author: Alfred P. Rubin
Author: Donald Earl Childress, III
Author: Başak Cali
Author: Claire Oakes Finkelstein
Author: Daniel Warner
Author: Samantha Besson
Author: Rüdiger Wolfrum
Author: William Francis Roemer
Author: E. Heinze
Author: Allen Buchanan