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Books > Law > International law > Public international law
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International Law as Social Construct - The Struggle for Global Justice (Hardcover)
Loot Price: R3,617
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International Law as Social Construct - The Struggle for Global Justice (Hardcover)
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The book distils and articulates international law as a social
construct. It does so by analysing its social foundations, essence,
and roots in practical and socially workable (as opposed to 'pure')
reason. In addition to well-known doctrines of jurisprudence and
international law, it draws upon psycho-analytic insights into the
origins and nature of law, as well as philosophical social
constructivism. The work suggests that seeing law as a social
construct is crucial to our understanding of international law and
to the struggle to create better working rules. The book
re-conceptualizes both past and new doctrines of international law
as 'constructs', namely, as strategies of concomitantly
de-mythologizing and re-mythologizing international law. Key areas
of international law, including subjects, sources, hierarchy,
values, and remedies, are shown to be part of this process. The
social impact on international law of transnational actors and
stakeholders, normative fragmentation, global justice, legitimacy
of both rules and players, dynamics and hierarchization of norms,
compliance and implementation in municipal law is also extensively
investigated. Five basic values of the international community,
namely security, humanity, wealth, environment, and knowledge, are
explored by stressing their inter- and intra-tensions. Finally, the
analysis is extended to the role that international courts play in
the prosecution of heads of state and other transnational players
who violate international law.
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