The Philosophy of International Law

Paperback | April 15, 2010

EditorSamantha Besson, John Tasioulas

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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, thataddress 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 invaluableresource for anyone seeking a deeper understanding of the nature and value of international law.

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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, thataddress the central philosophical questions ab...

Samantha Besson is Professor of Public International Law and European Law at the University of Fribourg. Her publications and research interests lie in legal philosophy and democratic theory, in particular as applied to international and European law-making. Besides numerous publications in French, she is the author of the monograph T...

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Format:PaperbackDimensions:480 pages, 9.69 × 6.73 × 0.07 inPublished:April 15, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199208573

ISBN - 13:9780199208579

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Table of Contents

Samantha Besson and John Tasioulas: IntroductionPart I: General Issues in the Philosophy of International lawSection I: History of the Philosophy of International Law1. Benedict Kingsbury and Benjamin Straumann: State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes and Pufendorf2. Amanda Perreau-Saussine: Immanuel Kant on International LawSection II: Legitimacy of International Law3. Allen Buchanan: The Legitimacy of International Law4. John Tasioulas: The Legitimacy of International LawSection III: International Democracy5. Thomas Christiano: Democratic Legitimacy and International Institutions6. Philip Pettit: Legitimate International Institutions: A Neo-Republican PerspectiveSection IV: Sources of International Law7. Samantha Besson: Theorizing the Sources of International Law8. David Lefkowitz: The Sources of International Law: Some Philosophical ReflectionsSection V: International Adjudication9. Andreas Paulus: International Adjudication10. Donald Regan: International Adjudication: A Response to Paulus - Courts, Custom, Treaties, Regimes, and the WTOSection VI: Sovereignty11. Timothy Endicott: The Logic of Freedom and Power12. Jean Cohen: Sovereignty in the Context of Globalization: A Constitutional Pluralist PerspectiveSection VII: International Responsibility13. James Crawford and Jeremy Watkins: International Responsibility14. Liam Murphy: International ResponsibilityPart II: Specific Issues in the Philosophy of International lawSection VIII: Human Rights15. Joseph Raz: Human Rights without Foundations16. James Griffin: Human Rights and the Autonomy of International Law17. John Skorupski: Human RightsSection IX: Self-Determination and Minority Rights18. Will Kymlicka: Minority Rights in Political Philosophy and International Law19. Jeremy Waldron: Two Conception of Self DeterminationSection X: International Economic Law20. Thomas Pogge: The Role of International Law in Reproducing Massive Poverty21. Robert Howse and Ruti Teitel: Global Justice, Poverty and the International Economic OrderSection XI: International Environmental Law22. James Nickel and Daniel Magraw: Philosophical Issues in International Environmental Law23. Roger Crisp: Ethics and International Environmental LawSection XII: Laws of War24. Jeff McMahan: The Laws of War25. Henry Shue: Laws of WarSection XIII: Humanitarian Intervention26. Thomas Franck: Humanitarian Intervention27. Danilo Zolo: Humanitarian Militarism?Section XIV: International Criminal Law28. David Luban: Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law29. Antony Duff: Authority and Responsibility in International Criminal Law