Whiggish International Law
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Author | : Christopher R. Rossi |
Publisher | : BRILL |
Total Pages | : 283 |
Release | : 2019-03-25 |
Genre | : Law |
ISBN | : 9004379517 |
International law’s turn to history in the Americas receives invigorated refreshment with Christopher Rossi’s adaptation of the insightful and inter-disciplinary teachings of the English School and Cambridge contextualists to problems of hemispheric methodology and historiography. Rossi sheds new light on abridgments of history and the propensity to construct and legitimize whiggish understandings of international law based on simplified tropes of liberal and postcolonial treatments of the Monroe Doctrine. Central to his story is the retelling of the Monroe Doctrine by its supreme early twentieth century interlocutor, Elihu Root and other like-minded internationalists. Rossi’s revival of whiggish international law cautions against the contemporary tendency to re-read history with both eyes cast on the ideological present as a justification for misperceived historical sequencing.
Author | : Anne Orford |
Publisher | : Cambridge University Press |
Total Pages | : 395 |
Release | : 2021-08-05 |
Genre | : History |
ISBN | : 1108480942 |
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Author | : Inge Van Hulle |
Publisher | : BRILL |
Total Pages | : 242 |
Release | : 2019-09-16 |
Genre | : Law |
ISBN | : 9004412085 |
International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period. Three themes are explored: ‘international law and revolutions’ which reappraises the revolutionary period as crucial to understanding the dynamics of international order and law in the nineteenth century. In ‘law and empire’, the traditional subject of nineteenth-century imperialism is tackled from the perspective of both theory and practice. Finally, ‘the rise of modern international law’, covers less familiar aspects of the formation of modern international law as a self-standing discipline. Contributors are: Camilla Boisen, Raphaël Cahen, James Crawford, Ana Delic, Frederik Dhondt, Andrew Fitzmaurice, Vincent Genin, Viktorija Jakjimovska, Stefan Kroll, Randall Lesaffer, and Inge Van Hulle.
Author | : Stéphane Beaulac |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 215 |
Release | : 2004-01-01 |
Genre | : Law |
ISBN | : 9004136983 |
It is in the intellectual context of the new possibility of philosophy, and the great new challenge facing philosophy, that I place Stephane Beaulac's important book. His work takes advantage, in particular, of several of the hard-earned lessons of twentieth-century philosophy and social experience. "From the Foreword,"
Author | : Jack L. Goldsmith |
Publisher | : Oxford University Press |
Total Pages | : 271 |
Release | : 2005-02-03 |
Genre | : Law |
ISBN | : 0199883378 |
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Author | : Herbert Butterfield |
Publisher | : W. W. Norton & Company |
Total Pages | : 148 |
Release | : 1965 |
Genre | : History |
ISBN | : 9780393003185 |
Five essays on the tendency of modern historians to update other eras and on the need to recapture the concrete life of the past.
Author | : Eric A. Posner |
Publisher | : University of Chicago Press |
Total Pages | : 286 |
Release | : 2009-10-15 |
Genre | : Political Science |
ISBN | : 0226675920 |
The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.
Author | : Kamari Maxine Clarke |
Publisher | : Duke University Press |
Total Pages | : 220 |
Release | : 2019-11-15 |
Genre | : History |
ISBN | : 1478007389 |
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
Author | : Simon Kerry |
Publisher | : Unicorn |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Biography & Autobiography |
ISBN | : 9781910787953 |
A remarkable figure of British politics between the late Victorian and interwar years, Lord Lansdowne was among the last hereditary aristocrats to wield power by birth. Over the course of a distinguished fifty year career he served as Governor-General of Canada, Viceroy of India, Secretary of State for War, Foreign Secretary and Leader of the House of Lords.It was Lansdowne who engineered the crucial changes in British foreign policy and the burden of Britain's imperial commitments, led the House of Lords through one of the most divisive periods of modern times and at the end of the First World War became a figure of notoriety greater than any of the popular leaders of the day. Descended from one the Great Whig families, he was a moderate progressive incapable of discourtesy or of any dishonesty. He was trusted by everyone. His life illustrates the challenges that his class had to face at this time and acts as a prism through which to view the transition of Britain from a global force to a much reduced power.This authoritative text, based on the first full examination of Lansdowne's extensive archive, draws this great man out of the shadows and presents him in the context of his own time, offering a fascinating insight into the leading personalities and political events of his day.Simon Kerry's biography shows that many of the issues Lansdowne faced are still important today and that his career profoundly affected the course of modern history.
Author | : P.B.M. Blaas |
Publisher | : Springer Science & Business Media |
Total Pages | : 457 |
Release | : 2012-12-06 |
Genre | : History |
ISBN | : 9400997124 |
Several ofthe themes of this study have been treated in earlier publica tions, some by means of a general analysis and some through a detailed handling of problems raised by a particular theme or historian. Both the more general theoretical treatment of the theme and the concrete historiographical treatment are, I think, indispensable aids to the proper understanding of the development of historical scholarship in nineteenth-and twentieth-century England. There are a number of problems in a concrete historiographical approach: there is first the mass of historians to be faced, and then the immense amount of historical themes dealt with in various periods. As a guideline through the tangle of themes we chose the historiography on the development of the English parliament. We can only hope that we have made a responsible choice of the historians concerned. Un fortunately it was not always possible for us to give extensive biogra phies of some of the more recent historians, as several 'papers' are still firmly in the possession of families, and a number of them mus- despite of years - still be labelled 'confidential.' The Pollard Papers in the London Institute of Historical Research thus remained inaccessible. Fortunately the lack was partly compen sated by some important material being found apart from these Papers.