A landscape of contemporary theories of international law / by Emmanuel Roucounas.

Format:

Book

Author/Creator:

Roukounas, Emmanouēl I., author.

Language:

English

Subjects (All):

International law.

Physical Description:

1 online resource (731 pages)

Place of Publication:

Leiden ; Boston : Brill Nijhoff, 2019.

Summary:

This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.

Contents:

Essential elements :introduction

Thoughts on the impact of theory on international law

Important elements in the making of theory

Adumbrations of the theoretical adventure

Traceability of antecedents to current scholarship

Regional and national traditions

Self-referential international law and the compelling need to also listen to other's voices

Concluding remarks

Enduring and new schools, movements and trends : introduction

Basic orientations

Other approaches

Universal, plural, relative

Further explorations

Sociological aspects of international law theories

Concluding remarks 261

Where is the international community or society?

Ontological and post-ontological discourses

General (or grand) theories of international law and general international law

Legal basis of international obligations

Legitimacy

Compliance

Unity and universality

Fragmentation

The issue of jurisdiction and competence

Fictions: international law possibly contains the most ficticious norms than any other legal system

Hegemonic power and unilateralism

The international dimension of the rule of law

Normativity forming an integral part of international law

The "users" of international law : moving beyond doctrinal controversies on "subjects", non-state actors" and "participants"

The state

International organizations

"Individuals" and other private persons

Law-making

Expanding the products and modes of fabrication

Relationship between norms

Interpretation

Interrogations and expectations

A skeleton meeting of minds

Final conclusions : the choristers' performances.

Notes:

Includes index.

ISBN:

90-04-38536-3

Publisher Number:

10.1163/9789004385368 DOI