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The Politics of International Law - Martti Koskenniemi

The Politics of International Law

Paperback

Published: 10th June 2011
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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.

The book's reflection upon the approaches, styles, and methods of this age and the past in the field of international law is both powerful and provocative, and the synthetic messages emanating from the myriad of strains of thought are of great force of persuasion. Its intensity in analysis and critique is remarkable, and the author does not mince his words. Given the book's distinct narrative style and the number of references to literature, it should be a recommended reading for postgraduate students and scholars in international law and international relations alike. The author's experience may be quite singular, but the viewpoint he possesses and reveals in the book is helpful to any that aspires to study and work in this field. -- Bing Bing Jia * German Yearbook of International Law, Volume 53 *

Preface and Acknowledgementsp. v
Koskenniemi: A Critical Introduction by Emmanuelle Jouannetp. 1
The Politics of International Lawp. 33
Between Apology to Utopia: The Politics of International Lawp. 35
The Flight from Politicsp. 35
The Content of the Rule of Law: Concreteness and Normativityp. 38
Doctrinal Structuresp. 40
Substantive Structuresp. 44
The Politics of International Lawp. 58
Conclusionp. 61
The Politics of International Law - 20 Years Laterp. 63
From Doctrines to Institutionsp. 63
Practice: An Eye to Strategic Choicesp. 68
Theory: Against Managerialismp. 71
European Journal of International Lawp. 75
The Law and Politics of Collective Securityp. 77
The Place of Law in Collective Securityp. 79
Rebirth of Collective Security?p. 80
Collective Action or Power Policy?p. 84
The Realist Critique of Collective Securityp. 87
The Limits of Realism: Theory v Engagementp. 89
The Work of the Security Councilp. 103
Security and Law as Institutional Culturesp. 109
'The Lady Doth Protest Too Much': Kosovo, and the Turn to Ethics in International Lawp. 112
The Politics of Human Rightsp. 131
The Effect of Rights on Political Culturep. 133
The Point of Rightsp. 135
Translation Problemsp. 136
Field Constitutionp. 140
Conflicts of Rightsp. 142
Rights-Exception Schemesp. 145
Indeterminacy of Rightsp. 147
Between Myth and Bureaucracyp. 148
Human Rights, Politics and Lovep. 153
The Pedigree of Rightsp. 153
Human Rights as the Outcome of Politicsp. 157
The Contextuality of Rightsp. 159
Limits and Possibilities of International Lawp. 169
Between Impunity and Show Trialsp. 171
Why Punish?p. 171
Of Truth and Contextp. 179
A Short History of History Lessonsp. 185
The Politics of Truthp. 190
'Show Trial?'p. 195
Faith, Identity, and the Killing of the Innocent: International Lawyers and Nuclear Weaponsp. 198
The Opinionp. 199
Law and Politicsp. 201
Limits of Rulesp. 203
The Sense of Silencep. 211
Abraham's Lessonp. 215
InternationalLaw and Hegemony: a Reconfigurationp. 219
The Hegemonic Techniquep. 221
Basic Ambivalence: Between Unity and Diversityp. 223
The Law of Force: Imperial Themesp. 225
The Law of Peace: Fragmentation Themesp. 228
Trade: Utilitarian Themesp. 230
Human Rights Themesp. 232
Globalisation Themesp. 235
Conclusion: Between Hegemony and Communityp. 238
What is International Law For?p. 241
The Paradox of Objectivesp. 242
Converging Interests?p. 244
The Significance of Statehoodp. 246
Into Pragmatism?p. 250
A Tradition of Anti-Formalismp. 254
Instrumentalism, Formalism, and the Production of an International Political Communityp. 258
Beyond Instrumentalism and Formalismp. 260
Between Hegemony and Fragmentation: a Mini-Historyp. 263
Legal Formalism and International Justicep. 265
The Spirit of International Lawp. 269
Between Commitment and Cynicism: Outline for a Theory of International Law as Practicep. 271
Work of Commitment?p. 273
Commitment under Stressp. 276
The Judgep. 284
The Adviserp. 287
The Activistp. 289
The Academicp. 291
Style as Method: Letter to the Editors of the Symposiump. 294
Miserable Comforters: International Relations as New Natural Lawp. 307
Introductionp. 307
The Hidden Career of Natural Lawp. 315
The New Natural Lawp. 318
Kant and International Law Todayp. 325
Conclusionp. 327
The Fate of Public International Law: Between Technique and Politicsp. 331
The Project of Modern International Lawp. 331
Fragmentationp. 334
Deformalisationp. 339
Constitutionalismp. 345
Legal Pluralismp. 350
Narrative Perspectivesp. 354
German Analogiesp. 356
Contesting Governancep. 358
Indexp. 363
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781841139395
ISBN-10: 1841139394
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 388
Published: 10th June 2011
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.9 x 16.5  x 2.0
Weight (kg): 0.56
Edition Number: 1