Conceptual (re)constructions of international law / edited by Kostiantyn Gorobets, Andreas Hadjigeorgiou, Pauline Westerman.

Format:

Book

Contributor:

Hadjigeorgiou, Andreas, editor.

Westerman, Pauline, editor.

Gorobets, Kostiantyn, editor.

Edward Elgar Publishing, publisher.

Language:

English

Subjects (All):

International law--Interpretation and construction.

International law.

Physical Description:

1 online resource (260 pages)

Place of Publication:

Northampton : Edward Elgar Publishing, 2022.

Summary:

"This timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed. Bringing together contributions from expert scholars from a range of disciplines, from philosophy to international law scholars and practitioners, this book contrasts constructive, deconstructive, and reconstructive perspectives of international law. Discussions on the topics are encouraged by eliciting responses from contributors on each other's work. Throughout the book, chapters provide complementary views of key international legal concepts such as custom, legal interpretation, authority and sovereignty. Providing a framework that gives room to different disciplines, Conceptual (Re)Constructions of International Law will be a key resource for practitioners as well as scholars in the fields of legal philosophy, (international) legal theory and public international law"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Contributors

Introduction

PART I Constructing international law

1. The interaction of doctrine and theory in (international) legal scholarship

2. Legal scholarship as design: A comment on Kammerhofer

3. The Oxford Jurisprudence Circle: A lost legacy on customary (international) law

4. The Oxford Jurisprudence Circle's lost legacy: Transformational discovery or historical curiosity? Reply to Andreas Hadjigeorgiou

5. Fragile, nascent, and in critical condition: Dworkin on international law

6. Hercules goes abroad: Lefkowitz and Dworkin on the liberal foundations of international law

PART II Deconstructing international law

7. From decay to renewal in international law: Is a philosophy of international law possible?

8. Are states entities that exist prior to and outside (customary) international law? A reply to Prof. Carty

9. Appraisal of diversity in international law: A note on self-serving biases and interdisciplinarity

10. On international law as language: Observations from constructivism - a reply to Maiko Meguro

11. Opinio juris: Test, filter, ideal or map?

12. The myth of 'identification': Customary international law and international courts

PART III Reconstructing international law

13. Rootless sovereignty: Methods and foundations in international law

14. What should be the intellectual tasks of international lawyers in abnormal times? A reply to Aaron Fichtelberg

15. Peaks and valleys: Contemplating the authority of international law

16. Wherefore 'authority'? International law and the contest of legal cultures

17. International law as a ground for action

18. The individual and its fidelity to international law: A kaleidoscope - reply to Tamar Megiddo

19. The 'correct interpretation' premise in international adjudication.

20. Chasing the 'correct interpretation': Reply to Panos Merkouris

Index.

Notes:

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Gorobets, Kostiantyn Conceptual (Re)Constructions of International Law

ISBN:

1-80037-300-7