The Philosophy of International Law

by Samantha Besson, John Tasioulas

Overview

International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law.

The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war.

This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.

Product Details

ISBN-13:	9780199208579
Publisher:	Oxford University Press
Publication date:	05/26/2010
Edition description:	New Edition
Pages:	632
Product dimensions:	6.70(w) x 9.60(h) x 1.40(d)

About the Author

Samantha Besson is Professor of Public International Law and European Law at the University of Fribourg. Her publications and research interests lie in legal philosophy and democratic theory, in particular as applied to international and European law-making. Besides numerous publications in French, she is the author of the monograph The Morality of Conflict (Hart Publishing: Oxford, 2005) and the co-editor of the forthcoming collection of essays Legal Republicanism: National and International (Oxford University Press: Oxford, 2009).

John Tasioulas is a Reader in Moral and Legal Philosophy at the University of Oxford and a Fellow of Corpus Christi College, Oxford. He is also a Principal Research Fellow at the Centre for Applied Philosophy and Public Ethics at the Australian National University. He has published on various topics in moral, legal and political philosophy. He is currently working on a monograph on the philosophy of human rights with the support of a British Academy Research Development Award.

Table of Contents

Introduction, Samantha Besson and John TasioulasPart I General Issues in the Philosophy of International lawSection I History of the Philosophy of International Law1. State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes and Pufendorf, Benedict Kingsbury and Benjamin Straumann2. Immanuel Kant on International Law, Amanda Perreau-SaussineSection II Legitimacy of International Law3. The Legitimacy of International Law, Allen Buchanan4. The Legitimacy of International Law, John TasioulasSection III International Democracy5. Democratic Legitimacy and International Institutions, Thomas Christiano6. Legitimate International Institutions: A Neo-Republican Perspective, Philip PettitSection IV Sources of International Law7. Theorizing the Sources of International Law, Samantha Besson8. The Sources of International Law: Some Philosophical Reflections, David LefkowitzSection V International Adjudication9. International Adjudication, Andreas Paulus10. International Adjudication: A Response to Paulus - Courts, Custom, Treaties, Regimes, and the WTO, Donald ReganSection VI Sovereignty11. The Logic of Freedom and Power, Timothy Endicott12. Sovereignty in the Context of Globalization: A Constitutional Pluralist Perspective, Jean CohenSection VII International Responsibility13. International Responsibility, James Crawford and Jeremy Watkins14. International Responsibility, Liam MurphyPart II Specific Issues in the Philosophy of International lawSection VIII Human Rights15. Human Rights without Foundations, Joseph Raz16. Human Rights and the Autonomy of International Law, James Griffin17. Human Rights, John SkorupskiSection IX Self-Determination and Minority Rights18. Minority Rights in Political Philosophy and International Law, Will Kymlicka19. Two Conception of Self Determination, Jeremy WaldronSection X International Economic Law20. The Role of International Law in Reproducing Massive Poverty, Thomas Pogge21. Global Justice, Poverty and the International Economic Order, Robert Howse and Ruti TeitelSection XI International Environmental Law22. Philosophical Issues in International Environmental Law, James Nickel and Daniel Magraw23. Ethics and International Environmental Law, Roger CrispSection XII Laws of War24. The Laws of War, Jeff McMahan25. Laws of War, Henry ShueSection XIII Humanitarian Intervention26. Humanitarian Intervention, Thomas Franck27. Humanitarian Militarism?, Danilo ZoloSection XIV International Criminal Law28. Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law, David Luban29. Authority and Responsibility in International Criminal Law, Antony Duff

Editorial Reviews

"This is a book for a deeper understanding and appreciation of international law. Recommended." —CHOICE

"...what international law today needs is exactly the kind of systematic and normative thinking about its structures and implications that Besson, Tasioulas, and their co-authors exercise in this book."
—Isabelle Ley, Global Law Books

From the Publisher