The Art of Law in the International Community
Part of Hersch Lauterpacht Memorial Lectures
- Author: Mary Ellen O'Connell, University of Notre Dame, Indiana
- Date Published: November 2020
- availability: Available
- format: Paperback
- isbn: 9781108445405
Paperback
Other available formats:
Hardback, eBook
Looking for an inspection copy?
Please email [email protected] to enquire about an inspection copy of this book
-
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 revitalizing the moral foundation of natural law through drawing on aesthetic philosophy and the arts.
Read more- 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
Reviews & endorsements
'O'Connell's plea for creative means to both educate international legal participants in, and secure buy-in for, the value of legal process and the importance of peaceful methods of dispute resolution is both powerful and timely, especially given the recent backlash against international tribunals and other international organizations.' Neha Jain, American Journal of International Law
Customer reviews
Not yet reviewed
Be the first to review
Review was not posted due to profanity
×Product details
- Date Published: November 2020
- format: Paperback
- isbn: 9781108445405
- length: 329 pages
- dimensions: 229 x 152 x 18 mm
- weight: 0.487kg
- availability: Available
Table of Contents
Acknowledgements
Introduction
1. Revitalizing 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. Revitalizing the process of international dispute resolution
Conclusion
Index.
Sorry, this resource is locked
Please register or sign in to request access. If you are having problems accessing these resources please email [email protected]
Register Sign in» Proceed
You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.
Continue ×Are you sure you want to delete your account?
This cannot be undone.
Thank you for your feedback which will help us improve our service.
If you requested a response, we will make sure to get back to you shortly.
×