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International law evolved to end and prevent armed conflict as much
as for any other reason. Yet, the law against war appears weaker
today than ever in its long history, evidenced by raging armed
conflicts in which people are killed, injured, and forcibly
displaced. The environment is devastated, and the planet
impoverished. These consequences can be traced to the dominant
ideology of realism. In 1946, Hersch Lauterpacht challenged that
ideology by contrasting it with the idea of international law,
composed of natural law, positive law, and process theory. The Art
of Law in the International Community revives his vision,
rebuilding the understanding of why international law binds, what
its norms require, and how courts are the ideal substitutes for
war. The secret to the renewal of international law lies in
revitalizing the moral foundation of natural law through drawing on
aesthetic philosophy and the arts.
International law evolved to end and prevent armed conflict as much
as for any other reason. Yet, the law against war appears weaker
today than ever in its long history, evidenced by raging armed
conflicts in which people are killed, injured, and forcibly
displaced. The environment is devastated, and the planet
impoverished. These consequences can be traced to the dominant
ideology of realism. In 1946, Hersch Lauterpacht challenged that
ideology by contrasting it with the idea of international law,
composed of natural law, positive law, and process theory. The Art
of Law in the International Community revives his vision,
rebuilding the understanding of why international law binds, what
its norms require, and how courts are the ideal substitutes for
war. The secret to the renewal of international law lies in
revitalizing the moral foundation of natural law through drawing on
aesthetic philosophy and the arts.
The world is going through another important transition.
International institutions have unquestionably been weakened as the
United States works to sort through complicated issues such as the
Afghan and Iraq wars, the use of torture and secret detention,
Guantanamo, climate change, and nuclear proliferation. In recent
memory, top Bush Administration advisers have spoken and written
about the powerlessness of international law and its irrelevance-or
worse-for the United States. The worldwide public needs and
deserves a more accurate account. In The Power and Purpose of
InternationalLaw, Mary Ellen O'Connell provides such an account by
explaining the purpose of international law and the powers of
enforcement it has available to achieve its mission.
International law supports order in the world and the attainment of
humanity's fundamental goals of peace, prosperity, respect for
human rights, and protection of the natural environment. The author
argues that these goals can best be realized through international
law, which uniquely has the capacity to bind even a superpower. It
is also through international law that competing powers and
divergent cultures can reach consensus. By exploring the roots of
international law, and by looking at specific events in its
history, this book demonstrates the why and the how of
international law and its enforcement. It directly confronts the
claim that international law is "powerless" and that working within
the framework of international law is useless or
counter-productive. As the world moves forward and reexamines
international norms and institutions, it is crucial that both
leaders and their citizens understand the true power and purpose of
international law, and why humanity has persistently accepted it as
true law.
In this book, self-defence against non-state actors is examined by
three scholars whose geographical, professional, theoretical, and
methodological backgrounds and outlooks differ greatly. Their
trialogue is framed by an introduction and a conclusion by the
series editors. The novel scholarly format accommodates the
pluralism and value changes of the current era, a shifting world
order and the rise in nationalism and populism. It brings to light
the cultural, professional and political pluralism which
characterises international legal scholarship and exploits this
pluralism as a heuristic device. This multiperspectivism exposes
how political factors and intellectual styles influence the
scholarly approaches and legal answers and the trialogical
structure encourages its participants to decentre their
perspectives. By explicitly focussing on the authors' divergence
and disagreement, a richer understanding of self-defence against
non-state actors is achieved, and the legal challenges and possible
ways ahead identified.
The world is poised for another important transition. The United
States is dealing with the impact of the Afghan and Iraq wars, the
use of torture and secret detention, Guantanamo, climate change,
nuclear proliferation, weakened international institutions, and
other issues related directly or indirectly to international law.
The world needs an accurate account of the important role of
international law and The Power and Purpose of International Law
seeks to provide it.
Mary Ellen O'Connell explains the purpose of international law and
the power it has to achieve that purpose. International law
supports order in the world and the attainment of humanity's
fundamental goals of peace, prosperity, respect for human rights,
and protection of the natural environment. These goals can best be
realized through international law, which uniquely has the capacity
to bind even a superpower of the world. By exploring the roots and
history of international law, and by looking at specific events in
the history of international law, this book demonstrates the why
and the how of international law and its enforcement. It directly
confronts the notion that international law is "powerless" and that
working within the framework of international law is useless or
counter-productive. As the world moves forward, it is critical that
both leaders and their citizens understand the true power and
purpose of international law and this book creates a valuable
resource for them to aid their understanding. It uses a clear,
compelling style to convey topical, informative and cutting-edge
information to the reader.
In this book, self-defence against non-state actors is examined by
three scholars whose geographical, professional, theoretical, and
methodological backgrounds and outlooks differ greatly. Their
trialogue is framed by an introduction and a conclusion by the
series editors. The novel scholarly format accommodates the
pluralism and value changes of the current era, a shifting world
order and the rise in nationalism and populism. It brings to light
the cultural, professional and political pluralism which
characterises international legal scholarship and exploits this
pluralism as a heuristic device. This multiperspectivism exposes
how political factors and intellectual styles influence the
scholarly approaches and legal answers and the trialogical
structure encourages its participants to decentre their
perspectives. By explicitly focussing on the authors' divergence
and disagreement, a richer understanding of self-defence against
non-state actors is achieved, and the legal challenges and possible
ways ahead identified.
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