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The Philosophy of International Law
Edited by Samantha Besson and John Tasioulas
626 pages
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246x171mm
978-0-19-920858-6
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Hardback
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01 April 2010
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- A much-needed resource for philosophical work on international law
- Maps out this fast-growing field
- Ideal for students and others new to the field
- Outstanding international team of philosophers and international lawyers
- All contributions specially written for this volume
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.Readership: Advanced students and scholars of philosophy, international law, and politics.
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Edited by Samantha Besson, University of Fribourg, and John Tasioulas, University of Oxford Contributors:
Samantha Besson, University of Fribourg
Allen Buchanan, Duke University
Thomas Christiano, University of Arizona
Jean Cohen, Columbia University
James Crawford, University of Cambridge
Roger Crisp, University of Oxford
Antony Duff, University of Stirling
Timothy Endicott, University of Oxford
Thomas Franck, New York University
James Griffin, University of Oxford
Robert Howse, University of Michigan
Benedict Kingsbury, New York University
Will Kymlicka, Quuen's University, Ontario
David Lefkowitz, University of North Carolina at Greensboro
David Luban, Georgetown University
Daniel Magraw, Center for International Environmental Law, Washington
Jeff McMahan, Rutgers University
Liam Murphy, New York University
James Nickel, Arizona State University
Andreas Paulus, Georg-August-University Göttingen
Amanda Perreau-Saussine, University of Cambridge
Philip Pettit, Princeton University
Thomas Pogge, Yale University
Joseph Raz, University of Oxford
Donald Regan, University of Michigan
Henry Shue, University of Oxford
John
Skorupski, University of St Andrews
Benjamin Straumann, New York University
John Tasioulas, University of Oxford
Ruti Teitel, New York Law School
Jeremy Waldron, New York University
Jeremy Watkins, Queen's University, Belfast
Danilo Zolo, University of Florence
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"Samantha Besson and John Tasioulas have done lawyers, scholars and the public an enormous service in their volume The Philosophy of International Law by raising the level of debate about the moral and political standards that should govern the assessment (and development) of international institutions... Besson and Tasioulas, the guiding lights behind this project, represent a brilliant new generation of philosophers speaking directly to a new generation of lawyers about international law - and they have manafed to gather many of the most perceptive and serious scholars on the subject together in one volume... This is an exciting and very important volume." - Mortimer Sellers, Director of the Center for International and Comparative Law,
University of Maryland "[A]n impressive collection on conceptual issues in academic law." - John Morss, International and Comparative Law Quarterly "...this is a deep, serious and profound work. It achieves its agenda-shaping aim, and looks set to become the standard work on its subject." - ASIL "...what international law today needs is exactly the kind of systematic and normative thinking about its structures and implications that Besson, Tasioulas, and their co-authors exercise in this book." - Isabelle Ley, Global Law Books
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Samantha Besson and John Tasioulas: Introduction
Part I General Issues in the Philosophy of International law
Section I History of the Philosophy of International Law
1: 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 Pufendorf
2: Amanda Perreau-Saussine: Immanuel Kant on International Law
Section II Legitimacy of International Law
3: Allen Buchanan: The Legitimacy of International Law
4: John Tasioulas: The Legitimacy of International Law
Section III International Democracy
5: Thomas Christiano: Democratic Legitimacy and International Institutions
6: Philip Pettit: Legitimate International Institutions: A Neo-Republican Perspective
Section IV Sources of International Law
7: Samantha Besson: Theorizing the Sources of International Law
8: David Lefkowitz: The Sources of International Law: Some Philosophical Reflections
Section V International Adjudication
9: Andreas Paulus: International Adjudication
10: Donald Regan: International Adjudication: A Response to Paulus - Courts, Custom, Treaties, Regimes, and the WTO
Section VI Sovereignty
11: Timothy Endicott: The Logic of Freedom and Power
12: Jean Cohen: Sovereignty in the Context of Globalization: A Constitutional Pluralist Perspective
Section VII International Responsibility
13: James Crawford and Jeremy Watkins: International Responsibility
14: Liam Murphy: International Responsibility
Part II Specific Issues in the Philosophy of International law
Section VIII Human Rights
15: Joseph Raz: Human Rights without Foundations
16: James Griffin: Human Rights and the Autonomy of International Law
17: John Skorupski: Human Rights
Section IX Self-Determination and Minority Rights
18: Will Kymlicka: Minority Rights in Political Philosophy and International Law
19: Jeremy Waldron: Two Conception of Self Determination
Section X International Economic Law
20: Thomas Pogge: The Role of International Law in Reproducing Massive Poverty
21: Robert Howse and Ruti Teitel: Global Justice, Poverty and the International Economic Order
Section XI International Environmental Law
22: James Nickel and Daniel Magraw: Philosophical Issues in International Environmental Law
23: Roger Crisp: Ethics and International Environmental Law
Section XII Laws of War
24: Jeff McMahan: The Laws of War
25: Henry Shue: Laws of War
Section XIII Humanitarian Intervention
26: Thomas Franck: Humanitarian Intervention
27: Danilo Zolo: Humanitarian Militarism?
Section XIV International Criminal Law
28: David Luban: Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law
29: Antony Duff: Authority and Responsibility in International Criminal Law
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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