From Apology to Utopia

Author: Martti Koskenniemi
Publisher: Cambridge University Press
ISBN: 1139447645
Category : Law
Languages : en
Pages : 705

Book Description
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.

To the Uttermost Parts of the Earth

Author: Martti Koskenniemi
Publisher: Cambridge University Press
ISBN: 1009038206
Category : Law
Languages : en
Pages : 1127

Book Description
To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.

The Politics of International Law

Author: Martti Koskenniemi
Publisher: Bloomsbury Publishing
ISBN: 1847317766
Category : Law
Languages : en
Pages : 413

Book Description
Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and 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 role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

Realizing Utopia

Author: Antonio Cassese
Publisher: OUP Oxford
ISBN: 0191627712
Category : Law
Languages : en
Pages : 723

Book Description
Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

The Last Utopia

Author: Samuel Moyn
Publisher: Harvard University Press
ISBN: 0674256522
Category : History
Languages : en
Pages : 346

Book Description
Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.

A Duty to Prevent Genocide

Author: John Heieck
Publisher: Edward Elgar Publishing
ISBN: 1788117719
Category : History
Languages : en
Pages : 261

Book Description
This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.

The Hawthorn Archive

Author: Avery F. Gordon
Publisher: Fordham Univ Press
ISBN: 0823276333
Category : Social Science
Languages : en
Pages : 489

Book Description
The Hawthorn Archive, named after the richly fabled tree, has long welcomed the participants in the various Euro-American social struggles against slavery, racial capitalism, imperialism, and authoritarian forms of order. The Archive is not a library or a research collection in the conventional sense but rather a disorganized and fugitive space for the development of a political consciousness of being indifferent to the deadly forms of power that characterize our society. Housed by the Archive are autonomous radicals, runaways, abolitionists, commoners, and dreamers who no longer live as obedient or merely resistant subjects. In this innovative, genre- and format-bending publication, Avery F. Gordon, the “keeper” of the Archive, presents a selection of its documents—original and compelling essays, letters, cultural analyses, images, photographs, conversations, friendship exchanges, and collaborations with various artists. Gordon creatively uses the imaginary of the Archive to explore the utopian elements found in a variety of resistive and defiant activity in the past and in the present, zeroing in on Marxist critical theory and the black radical tradition. Fusing critical theory with creative writing in a historical context, The Hawthorn Archive represents voices from the utopian margins, where fact, fiction, theory, and image converge. Reminiscent of the later fictions of Italo Calvino or Walter Benjamin’s Arcades Project, The Hawthorn Archive is a groundbreaking work that defies strict disciplinary, methodological, and aesthetic boundaries. And like Ghostly Matters: Haunting and the Sociological Imagination, which established Gordon as one of the most influential interdisciplinary scholars of the humanities and social sciences in recent years, it provides a kaleidoscopic analysis of power and effect. The Hawthorn Archive’s experimental format and inventive synthesis of critical theory and creative writing make way for a powerful reconception of what counts as social change and political action, offering creative inspiration and critical tools to artists, activists, scholars across various disciplines, and general readers alike.

The Gentle Civilizer of Nations

Author: Martti Koskenniemi
Publisher: Cambridge University Press
ISBN: 1139429434
Category : Law
Languages : en
Pages : 587

Book Description
International law was born from the impulse to 'civilize' late nineteenth-century attitudes towards race and society, argues Martti Koskenniemi in this study of the rise and fall of modern international law. This book combines legal analysis, historical and political critique and semi-biographical studies of key figures and institutions.

Is International Law International?

Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696419
Category : Law
Languages : en
Pages : 433

Book Description
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.

The Cambridge Companion to Utopian Literature

Author: Gregory Claeys
Publisher: Cambridge University Press
ISBN: 1139828428
Category : Literary Criticism
Languages : en
Pages :

Book Description
Since the publication of Thomas More's genre-defining work Utopia in 1516, the field of utopian literature has evolved into an ever-expanding domain. This Companion presents an extensive historical survey of the development of utopianism, from the publication of Utopia to today's dark and despairing tendency towards dystopian pessimism, epitomised by works such as George Orwell's Nineteen Eighty-Four and Margaret Atwood's The Handmaid's Tale. Chapters address the difficult definition of the concept of utopia, and consider its relation to science fiction and other literary genres. The volume takes an innovative approach to the major themes predominating within the utopian and dystopian literary tradition, including feminism, romance and ecology, and explores in detail the vexed question of the purportedly 'western' nature of the concept of utopia. The reader is provided with a balanced overview of the evolution and current state of a long-standing, rich tradition of historical, political and literary scholarship.