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The Art of Law in the International Community (eBook)


ISBN13: 9781108658201
Published: May 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £30.99
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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 revitalising the moral foundation of natural law through drawing on aesthetic philosophy and the arts.

  • Diagnoses and addresses the weaknesses of international law using the prohibition of force as a focus.
  • Analyzes the reasons why the law against the use of force is disrespected using the conflicts in Syria, Ukraine, Mali, North Korea, and the South China Sea as case studies.
  • Explains why natural law should be reintroduced to international legal theory and how that can be done in a secular age by drawing on aesthetic philosophy and the arts.

Subjects:
Public International Law, eBooks
Contents:
Acknowledgements
Introduction
1. Revitalising the Theory of International Law Compliance
2. Prohibiting Force through Peremptory Norms
3. The UN Security Council for Maintaining the Peace
4. The Limited Exception for Self-Defence
5. Restricting Exceptions for Invitation and Rebellion
6. Revitalising the Process of International Dispute Resolution
Conclusion
Index

Series: Hersch Lauterpacht Memorial Lectures

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The Art of Law in the International Community ISBN 9781108426664
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Questions of Jurisdiction and Admissibility Before International Courts ISBN 9781107038790
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The United Nations Secretariat and the Use of Force in a Unipolar World: Power v. Principle ISBN 9781107407053
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Investment Treaty Arbitration: Judging Under Uncertainty ISBN 9781107022515
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Denial of Justice in International Law ISBN 9780521172912
Published June 2011
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The United Nations Secretariat and the Use of Force in a Unipolar World: Power v. Principle ISBN 9780521194136
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Sovereignty, the WTO and Changing Fundamentals of International Law ISBN 9780521748414
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Precedent in the World Court
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Sovereignty, the WTO and Changing Fundamentals of International Law ISBN 9780521860079
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Cambridge University Press
£110.00
Denial of Justice in International Law ISBN 9780521851183
Published September 2005
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The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870-1960 ISBN 9780521548090
Published July 2004
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£44.99
The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870-1960 ISBN 9780521623117
Published May 2003
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Recourse to Force: State Action against Threats and Armed Attacks ISBN 9780521820134
Published December 2002
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£100.00
Self-determination of Peoples: A Legal Reappraisal ISBN 9780521637527
Published December 1998
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£25.99
Precedent in the World Court
Mohamed ShahabuddeenInternational Court of Justice, The Hague
ISBN 9780521563109
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Aspects of the Administration of International Justice ISBN 9780521463126
Published January 1991
Cambridge University Press
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Corporations in and Under International Law
Ignaz Seidl-HohenveldernUniversitat Wien, Austria
ISBN 9780521463249
Published January 1987
Cambridge University Press
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