THE POLITICS OF IN TERNATIONAL LAWPDF电子书下载

Koskenniemi: A Critical Introduction by Emmanuelle Jouannet 1

Part 1: The Politics of International Law 33

1. Between Apology to Utopia: The Politics of International Law 35

The Flight from Politics 35

The Content of the Rule of Law: Concreteness and Normativity 38

Doctrinal Structures 40

Substantive Structures 44

The Politics of International Law 58

Conclusion 61

2. The Politics of International Law - 20 Years Later 63

From Doctrines to Institutions 63

Practice: An Eye to Strategic Choices 68

Theory: Against Managerialism 71

European Journal of International Law 75

Part Ⅱ: The Law and Politics of Collective Security 77

3. The Place of Law in Collective Security 79

Rebirth of Collective Security? 80

Collective Action or Power Policy? 84

The Realist Critique of Collective Security 87

The Limits of Realism: Theory v Engagement 89

The Work of the Security Council 103

Security and Law as Institutional Cultures 109

4. ‘The Lady Doth Protest Too Much': Kosovo, and the Turn to Ethics in International Law 112

Part Ⅲ: The Politics of Human Rights 131

5. The Effect of Rights on Political Culture 133

The Point of Rights 135

Translation Problems 136

Field Constitution 140

Conflicts of Rights 142

Rights-Exception Schemes 145

Indeterminacy of Rights 147

Between Myth and Bureaucracy 148

6. Human Rights, Politics and Love 153

The Pedigree of Rights 153

Human Rights as the Outcome of Politics 157

The Contextuality of Rights 159

Part Ⅳ: Limits and Possibilities of International Law 169

7. Between Impunity and Show Trials 171

Why Punish? 171

Of Truth and Context 179

A Short History of History Lessons 185

The Politics of Truth 190

‘Show Trial?' 195

8. Faith, Identity, and the Killing of the Innocent: International Lawyers and Nuclear Weapons 198

The Opinion 199

Law and Politics 201

Limits of Rules 203

The Sense of Silence 211

Abraham's Lesson 215

9. International Law and Hegemony: a Recon guration 219

The Hegemonic Technique 221

Basic Ambivalence: Between Unity and Diversity 223

The Law of Force: Imperial Themes 225

The Law of Peace: Fragmentation Themes 228

Trade: Utilitarian Themes 230

Human Rights Themes 232

Globalisation Themes 235

Conclusion: Between Hegemony and Community 238

10. What is International Law For? 241

The Paradox of Objectives 242

Converging Interests? 244

The Significance of Statehood 246

Into Pragmatism? 250

A Tradition of Anti-Formalism 254

Instrumentalism, Formalism, and the Production of an International Political Communiry 258

Beyond Instrumentalism and Formalism 260

Between Hegemony and Fragmentation: a Mini-History 263

Legal Formalism and International Justice 265

Part Ⅴ: The Spirit of International Law 269

11. Between Commitment and Cynicism: Outline for a Theory of International Law as Practice 271

Work of Commitment? 273

Commitment under Stress 276

The Judge 284

The Adviser 287

The Activist 289

The Academic 291

12. Style as Method: Letter to the Editors of the Symposium 294

13. Miserable Comforters: International Relations as New Natural Law 307

Introduction 307

Samuel Pufendorf: Natural Law as the Science of the Social 308

The Hidden Career of Natural Law 315

The New Natural Law 318

Kant and International Law Today 325

Conclusion 327

14. The Fate of Public International Law: Between Technique and Politics 331

The Project of Modern International Law 331

Fragmentation 334

Deformalisation 339

Constitutionalism 345

Legal Pluralism 350

Narrative Perspectives 354

German Analogies 356

Contesting Governance 358

Index 363