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Research Handbook on the Theory and History of International Law


ISBN13: 9780857932952
Published: January 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: Out of print
Hardback edition out of print, ISBN13 9781848443549



This pioneering Research Handbook, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are. Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.

Subjects:
Public International Law
Contents:
Foreword Philip Allott
Preface

PART I: THE ESSENCE AND DEVELOPMENT OF INTERNATIONAL LEGAL THEORY
1. The Relevance of Theory and History - The Essence and Origins of International Law Alexander Orakhelashvili
2. Early-Modern Scholarship on International Law Alain Wijffels
3. Natural Law and the Law of Nations Patrick Capps
4. The Origins of Consensual Positivism - Pufendorf, Wolff and Vattel Alexander Orakhelashvili
5. The Transformation of International Law in the 19th Century Amnon Lev
6. Hans Kelsen's Place in International Legal Theory Jorg Kammerhofer
7. 'The Holiness of the Heart's Affection': Philip Allott's Theory of Social Idealism Iain Scobbie

PART II: THEMATIC ASPECTS OF INTERNATIONAL LEGAL THEORY
8. International Human Rights Law Theory Frederic Megret
9. The Philosophy of International Criminal Law Robert Cryer
10. International Law and EU Law: Between Asymmetric Constitutionalisation and Fragmentation Katja S. Ziegler
11. International Law, International Politics and Ideology Alexander Orakhelashvili

PART III: HISTORY OF INTERNATIONAL LAW
12. Periodization and International Law William E. Butler
13. Acculturation through the Middle Ages: The Islamic Law of Nations and its Place in the History of International Law Jean Allain
14. The Classical Law of Nations (1500 - 1800) Randall Lesaffer
15. The 19th-Century Life of International Law Alexander Orakhelashvili
16. International Law between Universality and Regional Fragmentation. The Historical Case of Russia Lauri Malksoo
17. International Law in the 20th Century Carlo Focarelli

Index