The purpose of this book series, initiated in 2009, is to clarify and improve the theoretical foundations of international law. Too often the progressive development and implementation of international law has foundered on confusion about first principles. This series, published by Cambridge University Press, will raise the level of public and scholarly discussion about the structure and purposes of the world legal order and how best to achieve global justice through law.
The idea for this series grows out of the International Legal Theory Interest Group of the American Society of International Law. Each year for the past decade this Interest Group has devoted special attention to a different aspect of international law and has invited scholars and practitioners to discuss the theoretical basis of such topics as customary international law, humanitarian law, and human rights. The ASIL Studies in International Legal Theory series will deepen this exchange by publishing, on an annual basis, scholarly monographs and edited volumes of essays considering subjects in international legal theory
The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging, and changing international law and (2) to open up a conversation between two related disciplines – public and private international law – that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume aims to open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.
Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the WTO, states have continued to develop institutions and legal infrastructure to promote global interdependence. International economic law, a field dominated by legal regimes to liberalize international trade but that also includes international financial law and international law relating to economic development, has become a dense web of treaty commitments at the multilateral, regional, and bilateral levels. International lawyers are experts in understanding how these institutions operate in practice, but they tend to uncritically accept comparative advantage as the principal normative criterion to justify these institutions. In contrast, moral and political philosophers have developed accounts of global justice, but these accounts have had relatively little influence on international legal scholarship and on institutional design. What is needed is a multidisciplinary approach to understanding the economic fairness problems that societies face as they become increasingly interdependent, and the solutions that international economic law and institutions might facilitate. This volume reflects the results of a symposium held at Tillar House, the American Society of International Law headquarters in Washington, DC, in November 2008, which brought together philosophers, legal scholars, and economists to discuss the problems of understanding international economic law from the standpoints of rights and justice, in particular from the standpoint of distributive justice.
This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.
This volume offers a historical-juridical foundation for the development of an innovative and truly global legal system that permits humanity to reorder itself according to acknowledged global needs and evolving consciousness. It outlines a new global law that will constitute a genuine legal order to serve the common good of all humanity and lead to the development of durable world peace.
This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.