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This Handbook brings together 40 of the world's leading scholars
and rising stars who study international law from disciplines in
the humanities - from history to literature, philosophy to the
visual arts - to showcase the distinctive contributions that this
field has made to the study of international law over the past two
decades. Including authors from Australia, Canada, Europe, India,
South Africa, the UK and the USA, all the contributors engage the
question of what is distinctive, and critical, about the work that
has been done and that continues to be done in the field of
'international law and the humanities'. For many of these authors,
answering this question involves reflecting on the work they
themselves have been contributing to this path-breaking field since
its inception at the end of the twentieth century. For others, it
involves offering models of the new work they are carrying out, or
else reflecting on the future directions of a field that has now
taken its place as one of the most important sites for the study of
international legal practice and theory. Each of the book's six
parts foregrounds a different element, or cluster of elements, of
international law and the humanities, from an attention to the
office, conduct and training of the jurist and jurisprudent (Part
1); to scholarly craft and technique (Part 2); to questions of
authority and responsibility (Part 3); history and historiography
(Part 4); plurality and community (Part 5); as well as the
challenge of thinking, and rethinking, international legal concepts
for our times (Part 6). Outlining new ways of imagining, and doing,
international law at a moment in time when original, critical
thought and practice is more necessary than ever, this Handbook
will be essential for scholars, students and practitioners in
international law, international relations, as well as in law and
the humanities more generally.
The universal promise of contemporary international law has long
inspired countries of the Global South to use it as an important
field of contestation over global inequality. Taking three central
examples, Sundhya Pahuja argues that this promise has been subsumed
within a universal claim for a particular way of life by the idea
of 'development'. As the horizon of the promised transformation and
concomitant equality has receded ever further, international law
has legitimised an ever-increasing sphere of intervention in the
Third World. The post-war wave of decolonisation ended in the
creation of the developmental nation-state, the claim to permanent
sovereignty over natural resources in the 1950s and 1960s was
transformed into the protection of foreign investors, and the
promotion of the rule of international law in the early 1990s has
brought about the rise of the rule of law as a development strategy
in the present day.
Reading Modern Law identifies and elaborates upon key critical
methodologies for reading and writing about law in modernity. The
force of law rests on determinate and localizable authorizations,
as well as an expansive capacity to encompass what has not been
pre-figured by an order of rules. The key question this dynamic of
law raises is how legal forms might be deployed to confront and
disrupt injustice. The urgency of this question must not eclipse
the care its complexity demands. This book offers a critical
methodology for addressing the many challenges thrown up by that
question, whilst testifying to its complexity. The essays in this
volume - engagements direct or oblique, with the work of Peter
Fitzpatrick - chart a mode of resisting the proliferation of social
scientific methods, as much as geo-political empire. The authors
elaborate a critical and interdisciplinary treatment of law and
modernity, and outline the pivotal role of sovereignty in
contemporary formations of power, both national and international.
From various overlapping vantage points, therefore, Reading Modern
Law interrogates law's relationship to power, as well as its
relationship to the critical work of reading and writing about law
in modernity.
This Handbook brings together 40 of the world's leading scholars
and rising stars who study international law from disciplines in
the humanities - from history to literature, philosophy to the
visual arts - to showcase the distinctive contributions that this
field has made to the study of international law over the past two
decades. Including authors from Australia, Canada, Europe, India,
South Africa, the UK and the USA, all the contributors engage the
question of what is distinctive, and critical, about the work that
has been done and that continues to be done in the field of
'international law and the humanities'. For many of these authors,
answering this question involves reflecting on the work they
themselves have been contributing to this path-breaking field since
its inception at the end of the twentieth century. For others, it
involves offering models of the new work they are carrying out, or
else reflecting on the future directions of a field that has now
taken its place as one of the most important sites for the study of
international legal practice and theory. Each of the book's six
parts foregrounds a different element, or cluster of elements, of
international law and the humanities, from an attention to the
office, conduct and training of the jurist and jurisprudent (Part
1); to scholarly craft and technique (Part 2); to questions of
authority and responsibility (Part 3); history and historiography
(Part 4); plurality and community (Part 5); as well as the
challenge of thinking, and rethinking, international legal concepts
for our times (Part 6). Outlining new ways of imagining, and doing,
international law at a moment in time when original, critical
thought and practice is more necessary than ever, this Handbook
will be essential for scholars, students and practitioners in
international law, international relations, as well as in law and
the humanities more generally.
Events: The Force of International Law presents an analysis of
international law, centred upon those historical and recent events
in which international law has exerted, or acquired, its force.
From Spanish colonization and the Peace of Westphalia, through the
release of Nelson Mandela and the Rwandan genocide, and to recent
international trade negotiations and the 'torture memos', each
chapter in this book focuses on a specific international legal
event. Short and accessible to the non-specialist reader, these
chapters consider what forces are put into play when international
law is invoked, as it is so frequently today, by lawyers,
laypeople, or leaders. At the same time, they also reflect on what
is entailed in naming these 'events' of international law and how
international law grapples with their disruptive potential.
Engaging economic, military, cultural, political, philosophical and
technical fields, Events: The Force of International Law will be of
interest to international lawyers and scholars of international
relations, legal history, diplomatic history, war and/or peace
studies, and legal theory. It is also intended to be read and
appreciated by anyone familiar with appeals to international law
from the general media, and curious about the limits and
possibilities occasioned, or the forces mobilised, by that
appeal.
Events: The Force of International Law presents an analysis of
international law, centred upon those historical and recent events
in which international law has exerted, or acquired, its force.
From Spanish colonization and the Peace of Westphalia, through the
release of Nelson Mandela and the Rwandan genocide, and to recent
international trade negotiations and the 'torture memos', each
chapter in this book focuses on a specific international legal
event. Short and accessible to the non-specialist reader, these
chapters consider what forces are put into play when international
law is invoked, as it is so frequently today, by lawyers,
laypeople, or leaders. At the same time, they also reflect on what
is entailed in naming these 'events' of international law and how
international law grapples with their disruptive potential.
Engaging economic, military, cultural, political, philosophical and
technical fields, Events: The Force of International Law will be of
interest to international lawyers and scholars of international
relations, legal history, diplomatic history, war and/or peace
studies, and legal theory. It is also intended to be read and
appreciated by anyone familiar with appeals to international law
from the general media, and curious about the limits and
possibilities occasioned, or the forces mobilised, by that
appeal.
Reading Modern Law identifies and elaborates upon key critical
methodologies for reading and writing about law in modernity. The
force of law rests on determinate and localizable authorizations,
as well as an expansive capacity to encompass what has not been
pre-figured by an order of rules. The key question this dynamic of
law raises is how legal forms might be deployed to confront and
disrupt injustice. The urgency of this question must not eclipse
the care its complexity demands. This book offers a critical
methodology for addressing the many challenges thrown up by that
question, whilst testifying to its complexity. The essays in this
volume - engagements direct or oblique, with the work of Peter
Fitzpatrick - chart a mode of resisting the proliferation of social
scientific methods, as much as geo-political empire. The authors
elaborate a critical and interdisciplinary treatment of law and
modernity, and outline the pivotal role of sovereignty in
contemporary formations of power, both national and international.
From various overlapping vantage points, therefore, Reading Modern
Law interrogates law's relationship to power, as well as its
relationship to the critical work of reading and writing about law
in modernity.
International Law and the Cold War is the first book dedicated to
examining the relationship between the Cold War and International
Law. The authors adopt a variety of creative approaches - in
relation to events and fields such as nuclear war, environmental
protection, the Suez crisis and the Lumumba assassination - in
order to demonstrate the many ways in which international law acted
upon the Cold War and in turn show how contemporary international
law is an inheritance of the Cold War. Their innovative research
traces the connections between the Cold War and contemporary legal
constructions of the nation-state, the environment, the third
world, and the refugee; and between law, technology, science,
history, literature, art, and politics.
The universal promise of contemporary international law has long
inspired countries of the Global South to use it as an important
field of contestation over global inequality. Taking three central
examples, Sundhya Pahuja argues that this promise has been subsumed
within a universal claim for a particular way of life by the idea
of 'development'. As the horizon of the promised transformation and
concomitant equality has receded ever further, international law
has legitimised an ever-increasing sphere of intervention in the
Third World. The post-war wave of decolonisation ended in the
creation of the developmental nation-state, the claim to permanent
sovereignty over natural resources in the 1950s and 1960s was
transformed into the protection of foreign investors, and the
promotion of the rule of international law in the early 1990s has
brought about the rise of the rule of law as a development strategy
in the present day.
Since the mid-twentieth century, 'international law' and
'international development' have become two of the most prominent
secular languages through which aspirations about a better world
are articulated.. They have shaped the both the treatment and
self-understanding of the 'developing' world, often by positing the
West as a universal model against which developing states, their
citizens, and natural environments should be measured and
disciplined. In recent years, however, critical scholars have
investigated the deep linkages between the concept of development,
the doctrines and institutions of international law, and broader
projects of ordering at the international level. They have shown
how the leading models de-radicalise, if not derail, initiatives to
redefine development and pursue other forms of global well-being.
Bringing together scholars from both the Global South and the
Global North, the contributions in this Handbook invite readers to
consider the limits of common normative and developmentalist
assumptions. At the same time, the Handbook demonstrates how
disparate but still identifiable set of ideas, imaginaries, norms,
and institutional practices - related to law, development and
international governance - shape today's profoundly unequal
material conditions, threatening the future of human and nonhuman
life on the planet. The book focuses on five distinct areas:
existing disciplinary frameworks, institutions and actors, regional
theatres of international law and development, competing social and
economic agendas, and alternative futures. Offering a unique
overview of the field of international law and development and
assembling major critical, historical, and political economic
insights, this Handbook is an unmissable resource for scholars of
international law, international relations, development studies,
and global history, as well as anyone interested in the past,
present, and future of our world.
International Law and the Cold War is the first book dedicated to
examining the relationship between the Cold War and International
Law. The authors adopt a variety of creative approaches - in
relation to events and fields such as nuclear war, environmental
protection, the Suez crisis and the Lumumba assassination - in
order to demonstrate the many ways in which international law acted
upon the Cold War and in turn show how contemporary international
law is an inheritance of the Cold War. Their innovative research
traces the connections between the Cold War and contemporary legal
constructions of the nation-state, the environment, the third
world, and the refugee; and between law, technology, science,
history, literature, art, and politics.
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