Paperback
Concepts for International Law
Contributions to Disciplinary Thought
9781800373815 Edward Elgar Publishing
Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
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Critical Acclaim
Contributors
Contents
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Concepts allow us to know, understand, think, do and change international law. This book, with sixty chapters by leading scholars, provides a nuanced guide to those concepts of historical significance for international law, as well as those that have become central to how we think about the discipline. In select cases this book also offers some new concepts, seeking to address familiar concerns that have not been fully articulated within the discipline.
This unique book is the first expansive exploration of concepts that have become historically central to the discipline. It allows us to appreciate how order, struggle and change play out in international law and legal thought, and how these concerns of power implicate ethical considerations. Embracing a wide range of historical and theoretical approaches, this book hopes to ignite a renewed, fertile engagement between our concepts and the contemporary, precarious, conditions of international legal life.
Thought-provoking, original and engaging, this book is essential reading for researchers, postgraduates and doctoral students in international law, legal history and legal theory. Academics in international relations, history, sociology and political thought will also find this an essential read.
This unique book is the first expansive exploration of concepts that have become historically central to the discipline. It allows us to appreciate how order, struggle and change play out in international law and legal thought, and how these concerns of power implicate ethical considerations. Embracing a wide range of historical and theoretical approaches, this book hopes to ignite a renewed, fertile engagement between our concepts and the contemporary, precarious, conditions of international legal life.
Thought-provoking, original and engaging, this book is essential reading for researchers, postgraduates and doctoral students in international law, legal history and legal theory. Academics in international relations, history, sociology and political thought will also find this an essential read.
Critical Acclaim
‘An extremely well-indexed treasure chest which allows the reader to follow an idea through the lenses of different authors and to understand the historical and conceptual contexts in which each lens is situated. The scholarship is stellar, emanating from long-established luminaries as well as innovative, newer participants at earlier stages of their careers. The contributors hail from eighteen countries, with at least one participant from each of the geographical regions of the globe, which adds to the cosmopolitan flavour of the text. . . it will illuminate, provoke and inform. The book is described as essential reading for “researchers, postgraduates and doctoral students”, I think it could prove to be invaluable at earlier stages of study as well.’
– C H Powell, The South African Law Journal
‘This volume offers an indispensable guide to the concepts that have shaped the life of international law in theory and practice. With contributions from a stellar cast of innovative scholars, Concepts for International Law reveals the power of international legal language and the worlds it makes possible.’
– Anne Orford, Melbourne Law School, Australia
‘Visiting this collection brings to mind an elegant small Euro-Atlantic art museum from a single period, eclectic but coherent and unified by the imaginative taste of the curators. The entries are fine exemplars rather than comprehensive, the contributors respectably avant-garde and many already very well known or will be, the whole engagingly luminous.’
– Benedict Kingsbury, New York University, School of Law, US
‘This volume traverses the concepts that aim to anchor international law. Presented as an “experiment”, the work assembles the greatest voices to interrogate the power of international law’s core concepts. And it does so with much success. This is a magnificent work’.
– Larissa van den Herik, Leiden University, the Netherlands
‘The editors of this book offer it as a response to what they see as a profound contemporary malaise in international law, connected to a faltering faith in the liberal cosmopolitanism, and a deep understanding of international law''s implications in many of the world''s most horrific inequities and injustices. Through its diverse chapters, they explore the counterintuitive but intriguing proposition that the way out may lie in a new mode of ‘conceptualisation’, that is to say, a way of being in which the flawed conceptual heritage of international law is understood to require not just powerful critique, but also an attitude of gentle and knowing stewardship.’
– Andrew Lang, University of Edinburgh, UK
‘This is an extremely rich and diverse collection of chapters on some important foundational concepts in international law. The chapters reflect the variety of approaches in international law today. I really enjoyed reading the book, as it challenged several of my assumptions about the field.’
– Wouter Werner, Vrije Universiteit Amsterdam, the Netherlands
– C H Powell, The South African Law Journal
‘This volume offers an indispensable guide to the concepts that have shaped the life of international law in theory and practice. With contributions from a stellar cast of innovative scholars, Concepts for International Law reveals the power of international legal language and the worlds it makes possible.’
– Anne Orford, Melbourne Law School, Australia
‘Visiting this collection brings to mind an elegant small Euro-Atlantic art museum from a single period, eclectic but coherent and unified by the imaginative taste of the curators. The entries are fine exemplars rather than comprehensive, the contributors respectably avant-garde and many already very well known or will be, the whole engagingly luminous.’
– Benedict Kingsbury, New York University, School of Law, US
‘This volume traverses the concepts that aim to anchor international law. Presented as an “experiment”, the work assembles the greatest voices to interrogate the power of international law’s core concepts. And it does so with much success. This is a magnificent work’.
– Larissa van den Herik, Leiden University, the Netherlands
‘The editors of this book offer it as a response to what they see as a profound contemporary malaise in international law, connected to a faltering faith in the liberal cosmopolitanism, and a deep understanding of international law''s implications in many of the world''s most horrific inequities and injustices. Through its diverse chapters, they explore the counterintuitive but intriguing proposition that the way out may lie in a new mode of ‘conceptualisation’, that is to say, a way of being in which the flawed conceptual heritage of international law is understood to require not just powerful critique, but also an attitude of gentle and knowing stewardship.’
– Andrew Lang, University of Edinburgh, UK
‘This is an extremely rich and diverse collection of chapters on some important foundational concepts in international law. The chapters reflect the variety of approaches in international law today. I really enjoyed reading the book, as it challenged several of my assumptions about the field.’
– Wouter Werner, Vrije Universiteit Amsterdam, the Netherlands
Contributors
Contributors: P. Allott, A. Anghie, A. Bianchi, L. Bonadiman, F.L. Bordin, C. Brölmann, B. Çalı, P. Capps, H. Charlesworth, J.K. Cogan, H.G. Cohen, R. Collins, J. d’Aspremont, M. Goldmann, G. Gordon, J. Haskell, K.J. Heller, G.I. Hernández, F. Hoffmann, D.B. Hollis, O.U. Ince, V. Jeutner, F. Johns, O. Kessler, J. Klabbers, R. Knox, N. Krisch, V. Kumar, M.M. Mbengue, F. Mégret, T. Meyer, C.A. Miles, S. Moyn, S. Neff, J. Nijman, A. Nollkginal U. Öszu, A. Peters, M. Prost, Y. Radi, N.M. Rajkovic, A. Rasulov, W. Rech, F.D. Reis, C. Ryngaert, P. Schlag, I. Scobbie, M. Shahabuddin, G. Simpson, S. Singh, T. Skouteris, U. Soirila, T. Sparks, C.J. Tams, A.A.C. Trindade, N. Tzouvala, A. van Mulligen, I. Venzke, G. Verdirame, J. von Bernstorff, I. Wuerth
Contents
Contents:
Introduction: Concepts for International Law: Contributions to Disciplinary Thought
Jean d’Aspremont and Sahib Singh
A
Analogy
Fernando Lusa Bordin
Authority
Başak Çalı
Autonomy
Richard Collins
B
Bindingness
Jean d’Aspremont
C
Civilization
Ntina Tzouvala
Coherence
Yannick Radi
Compliance
Ingrid Wuerth
Consent
Stephen Neff
Constitutionalisation
Anne Peters
Critic
Jochen von Bernstorff
D
Democracy
Hilary Charlesworth
Development
Onur Ince
Discourse
Florian Hoffmann
Domination
Anthony Anghie
E
Effectiveness
Gleider I. Hernandez
Epistemic Communities
Andrea Bianchi
Ethics
Jan Klabbers
Ethnicity
Mohammad Shahabuddin
F
Faith
Luca Bonadiman
Fragmentation
Harlan Grant Cohen
H
Hegemony
Robert Knox
Humanity
Ukri Soirila
I
Identity
John Haskell
Ideology
Walter Rech
Imagination
Gerry Simpson
Imperialism
Akbar Rasulov
Indeterminacy
Cameron A. Miles
Individual
Antônio Augusto Cançado Trindade
Instrumentalism
Timothy Meyer
Interdisciplinarity
Nikolas M. Rajkovic
International Community
Christian J. Tams
International Crime
Kevin Jon Heller
International Organization
Jacob Katz Cogan
Interpretation
Duncan B. Hollis
Interpretivism
Patrick Capps
J
Jurisdiction
Cedric Ryngaert
Justice
Frédéric Mégret
L
Legal Dilemma
Valentin Jeutner
Legal Form
Umut Özsu
Legality
Fleur Johns
Legitimacy
Oliver Kessler and Filipe Dos Reis
N
Normativity
Anne van Mulligen
P
Personality
Catherine Brölmann and Janne Nijman
Pluralism
Nico Krisch
Precedent
Makane Moïse Mbengue
Progress
Thomas Skouteris
R
Reason
Pierre Schlag
Relative Normativity
Matthias Goldmann
Responsibility
André Nollkaemper
Revolutionaries
Vidya Kumar
Rights
Samuel Moyn
Rule of Law
Philip Allott
S
Semantic Authority
Ingo Venzke
Sovereignty
Guglielmo Verdirame
State
Tom Sparks
System
Mario Prost
U
Universalism
Geoff Gordon
Utopian
Akbar Rasulov
W
War
Iain Scobbie
Index
Introduction: Concepts for International Law: Contributions to Disciplinary Thought
Jean d’Aspremont and Sahib Singh
A
Analogy
Fernando Lusa Bordin
Authority
Başak Çalı
Autonomy
Richard Collins
B
Bindingness
Jean d’Aspremont
C
Civilization
Ntina Tzouvala
Coherence
Yannick Radi
Compliance
Ingrid Wuerth
Consent
Stephen Neff
Constitutionalisation
Anne Peters
Critic
Jochen von Bernstorff
D
Democracy
Hilary Charlesworth
Development
Onur Ince
Discourse
Florian Hoffmann
Domination
Anthony Anghie
E
Effectiveness
Gleider I. Hernandez
Epistemic Communities
Andrea Bianchi
Ethics
Jan Klabbers
Ethnicity
Mohammad Shahabuddin
F
Faith
Luca Bonadiman
Fragmentation
Harlan Grant Cohen
H
Hegemony
Robert Knox
Humanity
Ukri Soirila
I
Identity
John Haskell
Ideology
Walter Rech
Imagination
Gerry Simpson
Imperialism
Akbar Rasulov
Indeterminacy
Cameron A. Miles
Individual
Antônio Augusto Cançado Trindade
Instrumentalism
Timothy Meyer
Interdisciplinarity
Nikolas M. Rajkovic
International Community
Christian J. Tams
International Crime
Kevin Jon Heller
International Organization
Jacob Katz Cogan
Interpretation
Duncan B. Hollis
Interpretivism
Patrick Capps
J
Jurisdiction
Cedric Ryngaert
Justice
Frédéric Mégret
L
Legal Dilemma
Valentin Jeutner
Legal Form
Umut Özsu
Legality
Fleur Johns
Legitimacy
Oliver Kessler and Filipe Dos Reis
N
Normativity
Anne van Mulligen
P
Personality
Catherine Brölmann and Janne Nijman
Pluralism
Nico Krisch
Precedent
Makane Moïse Mbengue
Progress
Thomas Skouteris
R
Reason
Pierre Schlag
Relative Normativity
Matthias Goldmann
Responsibility
André Nollkaemper
Revolutionaries
Vidya Kumar
Rights
Samuel Moyn
Rule of Law
Philip Allott
S
Semantic Authority
Ingo Venzke
Sovereignty
Guglielmo Verdirame
State
Tom Sparks
System
Mario Prost
U
Universalism
Geoff Gordon
Utopian
Akbar Rasulov
W
War
Iain Scobbie
Index