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Conceptual (Re)Constructions of International Law
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.
More Information
Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘This volume offers a deep dive into some of the most interesting questions at the intersection of philosophy and international law. It is brimming with thought-provoking insights and presented in a conversational style that opens, rather than forecloses, the conversation.’
– Monica Hakimi, University of Michigan Law School, US
– Monica Hakimi, University of Michigan Law School, US
Contributors
Contributors: Anthony Carty, Aaron Fichtelberg, Kostiantyn Gorobets, Andreas Hadjgeorgiou, Jörg Kammerhofer, David Lefkowitz, Tamar Megiddo, Maiko Meguro, Panos Merkouris, Pauline Westerman
Contents
Contents:
Introduction 1
Kostiantyn Gorobets, Andreas Hadjigeorgiou and Pauline Westerman
PART I CONSTRUCTING INTERNATIONAL LAW
1 The interaction of doctrine and theory in (international)
legal scholarship 9
Jörg Kammerhofer
2 Legal scholarship as design: A comment on Kammerhofer 27
Pauline Westerman
3 The Oxford Jurisprudence Circle: A lost legacy on
customary (international) law 32
Andreas Hadjigeorgiou
4 The Oxford Jurisprudence Circle’s lost legacy:
Transformational discovery or historical curiosity? Reply
to Andreas Hadjigeorgiou 51
David Lefkowitz
5 Fragile, nascent, and in critical condition: Dworkin on
international law 55
David Lefkowitz
6 Hercules goes abroad: Lefkowitz and Dworkin on the
liberal foundations of international law 74
Aaron Fichtelberg
PART II DECONSTRUCTING INTERNATIONAL LAW
7 From decay to renewal in international law: Is
a philosophy of international law possible? 80
Anthony Carty
8 Are states entities that exist prior to and outside
(customary) international law? A reply to Prof. Carty 98
Andreas Hadjigeorgiou
9 Appraisal of diversity in international law: A note on
self-serving biases and interdisciplinarity 105
Maiko Meguro
10 On international law on language: observations from
constructivism: A reply to Maiko Meguro 123
Tamar Megiddo
11 Opinio juris: test, filter, ideal or map? 127
Pauline Westerman
12 The myth of ‘identification’: Customary international law
and international courts 145
Maiko Meguro
PART III RECONSTRUCTING INTERNATIONAL LAW
13 Rootless sovereignty: Methods and foundations in
international law 151
Aaron Fichtelberg
14 What should be the intellectual tasks of international
lawyers in abnormal times? A reply to Aaron Fichtelberg 166
Anthony Carty
15 Peaks and valleys: Contemplating the authority of
international law 171
Kostiantyn Gorobets
16 Wherefore ‘authority’? International law and the contest
of legal cultures 188
Jörg Kammerhofer
17 International law as a ground for action 192
Tamar Megiddo
18 The individual and its fidelity to international law:
a kaleidoscope – Reply to Tamar Megiddo 210
Panos Merkouris
19 The ‘correct interpretation’ premise in international adjudication 215
Panos Merkouris
20 Chasing the ‘correct interpretation’: Reply to Panos Merkouris 234
Kostiantyn Gorobets
Index
Introduction 1
Kostiantyn Gorobets, Andreas Hadjigeorgiou and Pauline Westerman
PART I CONSTRUCTING INTERNATIONAL LAW
1 The interaction of doctrine and theory in (international)
legal scholarship 9
Jörg Kammerhofer
2 Legal scholarship as design: A comment on Kammerhofer 27
Pauline Westerman
3 The Oxford Jurisprudence Circle: A lost legacy on
customary (international) law 32
Andreas Hadjigeorgiou
4 The Oxford Jurisprudence Circle’s lost legacy:
Transformational discovery or historical curiosity? Reply
to Andreas Hadjigeorgiou 51
David Lefkowitz
5 Fragile, nascent, and in critical condition: Dworkin on
international law 55
David Lefkowitz
6 Hercules goes abroad: Lefkowitz and Dworkin on the
liberal foundations of international law 74
Aaron Fichtelberg
PART II DECONSTRUCTING INTERNATIONAL LAW
7 From decay to renewal in international law: Is
a philosophy of international law possible? 80
Anthony Carty
8 Are states entities that exist prior to and outside
(customary) international law? A reply to Prof. Carty 98
Andreas Hadjigeorgiou
9 Appraisal of diversity in international law: A note on
self-serving biases and interdisciplinarity 105
Maiko Meguro
10 On international law on language: observations from
constructivism: A reply to Maiko Meguro 123
Tamar Megiddo
11 Opinio juris: test, filter, ideal or map? 127
Pauline Westerman
12 The myth of ‘identification’: Customary international law
and international courts 145
Maiko Meguro
PART III RECONSTRUCTING INTERNATIONAL LAW
13 Rootless sovereignty: Methods and foundations in
international law 151
Aaron Fichtelberg
14 What should be the intellectual tasks of international
lawyers in abnormal times? A reply to Aaron Fichtelberg 166
Anthony Carty
15 Peaks and valleys: Contemplating the authority of
international law 171
Kostiantyn Gorobets
16 Wherefore ‘authority’? International law and the contest
of legal cultures 188
Jörg Kammerhofer
17 International law as a ground for action 192
Tamar Megiddo
18 The individual and its fidelity to international law:
a kaleidoscope – Reply to Tamar Megiddo 210
Panos Merkouris
19 The ‘correct interpretation’ premise in international adjudication 215
Panos Merkouris
20 Chasing the ‘correct interpretation’: Reply to Panos Merkouris 234
Kostiantyn Gorobets
Index
