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As the future of international law has become a growing site of
struggle within and between powerful states, debates over the
history of international law have become increasingly heated.
International Law and the Politics of History explores the
ideological, political, and material stakes of apparently technical
disputes over how the legal past should be studied and understood.
Drawing on a deep knowledge of the history, theory, and practice of
international law, Anne Orford argues that there can be no
impartial accounts of international law's past and its relation to
empire and capitalism. Rather than looking to history in a doomed
attempt to find a new ground for formalist interpretations of what
past legal texts really mean or what international regimes are
really for, she urges lawyers and historians to embrace the
creative role they play in making rather than finding the meaning
of international law.
Institutional and political developments since the end of the Cold
War have led to a revival of public interest in, and anxiety about,
international law. Liberal international law is appealed to as
offering a means of constraining power and as representing
universal values. This book brings together scholars who draw on
jurisprudence, philosophy, legal history and political theory to
analyse the stakes of this turn towards international law.
Contributors explore the history of relations between international
law and those it defines as other - other traditions, other logics,
other forces, and other groups. They explore the archive of
international law as a record of attempts by scholars, bureaucrats,
decision-makers and legal professionals to think about what happens
to law at the limits of modern political organization. The result
is a rich array of responses to the question of what it means to
speak and write about international law in our time.
In 1917, the October Revolution and the adoption of the
revolutionary Mexican Constitution shook the foundations of the
international order in profound, unprecedented and lasting ways.
These events posed fundamental challenges to international law,
unsettling foundational concepts of property, statehood and
non-intervention, and indeed the very nature of law itself. This
collection asks what we might learn about international law from
analysing how its various sub-fields have remembered, forgotten,
imagined, incorporated, rejected or sought to manage the
revolutions of 1917. It shows that those revolutions had
wide-ranging repercussions for the development of laws relating to
the use of force, intervention, human rights, investment, alien
protection and state responsibility, and for the global economy
subsequently enabled by international law and overseen by
international institutions. The varied legacies of 1917 play an
ongoing role in shaping political struggle in the form of
international law.
As the future of international law has become a growing site of
struggle within and between powerful states, debates over the
history of international law have become increasingly heated.
International Law and the Politics of History explores the
ideological, political, and material stakes of apparently technical
disputes over how the legal past should be studied and understood.
Drawing on a deep knowledge of the history, theory, and practice of
international law, Anne Orford argues that there can be no
impartial accounts of international law's past and its relation to
empire and capitalism. Rather than looking to history in a doomed
attempt to find a new ground for formalist interpretations of what
past legal texts really mean or what international regimes are
really for, she urges lawyers and historians to embrace the
creative role they play in making rather than finding the meaning
of international law.
In 1917, the October Revolution and the adoption of the
revolutionary Mexican Constitution shook the foundations of the
international order in profound, unprecedented and lasting ways.
These events posed fundamental challenges to international law,
unsettling foundational concepts of property, statehood and
non-intervention, and indeed the very nature of law itself. This
collection asks what we might learn about international law from
analysing how its various sub-fields have remembered, forgotten,
imagined, incorporated, rejected or sought to manage the
revolutions of 1917. It shows that those revolutions had
wide-ranging repercussions for the development of laws relating to
the use of force, intervention, human rights, investment, alien
protection and state responsibility, and for the global economy
subsequently enabled by international law and overseen by
international institutions. The varied legacies of 1917 play an
ongoing role in shaping political struggle in the form of
international law.
The Oxford Handbook of International Legal Theory provides an
accessible and authoritative guide to the major thinkers, concepts,
approaches, and debates that have shaped contemporary international
legal theory. The Handbook features 48 original essays by leading
international scholars from a wide range of traditions,
nationalities, and perspectives, reflecting the richness and
diversity of this dynamic field. The collection explores key
questions and debates in international legal theory, offers new
intellectual histories for the discipline, and provides fresh
interpretations of significant historical figures, texts, and
theoretical approaches. It provides a much-needed map of the field
of international legal theory, and a guide to the main themes and
debates that have driven theoretical work in international law. The
Handbook will be an indispensable reference work for students,
scholars, and practitioners seeking to gain an overview of current
theoretical debates about the nature, function, foundations, and
future role of international law.
The idea that states and the international community have a
responsibility to protect populations at risk has framed
internationalist debates about conflict prevention, humanitarian
aid, peacekeeping and territorial administration since 2001. This
book situates the responsibility to protect concept in a broad
historical and jurisprudential context, demonstrating that the
appeal to protection as the basis for de facto authority has
emerged at times of civil war or revolution - the Protestant
revolutions of early modern Europe, the bourgeois and communist
revolutions of the following centuries and the revolution that is
decolonisation. This analysis, from Hobbes to the UN, of the
resulting attempts to ground authority on the capacity to guarantee
security and protection is essential reading for all those seeking
to understand, engage with, limit or critique the expansive
practices of international executive action authorised by the
responsibility to protect concept.
Institutional and political developments since the end of the Cold
War have led to a revival of public interest in, and anxiety about,
international law. Liberal international law is appealed to as
offering a means of constraining power and as representing
universal values. This book brings together scholars who draw on
jurisprudence, philosophy, legal history and political theory to
analyse the stakes of this turn towards international law.
Contributors explore the history of relations between international
law and those it defines as other - other traditions, other logics,
other forces, and other groups. They explore the archive of
international law as a record of attempts by scholars, bureaucrats,
decision-makers and legal professionals to think about what happens
to law at the limits of modern political organisation. The result
is a rich array of responses to the question of what it means to
speak and write about international law in our time.
During the 1990s, humanitarian intervention seemed to promise a
world in which democracy, self-determination and human rights would
be privileged over national interests or imperial ambitions. Orford
provides critical readings of the narratives that accompanied such
interventions and shaped legal justifications for the use of force
by the international community. Through a close reading of legal
texts and institutional practice, she argues that a far more
circumscribed, exploitative and conservative interpretation of the
ends of intervention was adopted during this period. The book draws
on a wide range of sources, including critical legal theory,
feminist and postcolonial theory, psychoanalytic theory and
critical geography, to develop ways of reading directed at thinking
through the cultural and economic effects of militarized
humanitarianism. The book concludes by asking what, if anything,
has been lost in the move from the era of humanitarian intervention
to an international relations dominated by wars on terror.
Humanitarian intervention seemed to promise a world in which human rights would be privileged over national interests or imperial ambitions during the 1990s. This book argues that humanitarian intervention had far more exploitative effects and draws on feminist, postcolonial, legal and psychoanalytic theory to provide an innovative reading of the narratives accompanying humanitarian intervention, a field which has received very little critical analysis. It concludes by considering what has been lost in the transference of concerns from humanitarian intervention to the war on terror.
The idea that states and the international community have a
responsibility to protect populations at risk has framed
internationalist debates about conflict prevention, humanitarian
aid, peacekeeping and territorial administration since 2001. This
book situates the responsibility to protect concept in a broad
historical and jurisprudential context, demonstrating that the
appeal to protection as the basis for de facto authority has
emerged at times of civil war or revolution - the Protestant
revolutions of early modern Europe, the bourgeois and communist
revolutions of the following centuries and the revolution that is
decolonisation. This analysis, from Hobbes to the UN, of the
resulting attempts to ground authority on the capacity to guarantee
security and protection is essential reading for all those seeking
to understand, engage with, limit or critique the expansive
practices of international executive action authorised by the
responsibility to protect concept.
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