Chance, order, change : the course of international law : general course on public international law
著者
書誌事項
Chance, order, change : the course of international law : general course on public international law
（Pocketbooks of the Hague Academy of International Law）
Hague Academy of International Law, c2014
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注記
"Full text of the lecture published in December 2013 in the Recueil des cours, vol. 365."--P. facing series t.p
Includes bibliographical references (p. 507-525) and index
内容説明・目次
内容説明
Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford
The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings - sources, treaties, states, human rights and so on - but at some of the key unresolved problems of the discipline.
Unresolved, they call into question its status as a discipline. Is international law "law" properly so-called? In what respects is it systematic? Does it - can it - respect the rule of law ? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.
目次
- Excerpt of table of contents: Preface
- Introduction and Overview
- Part I. International Law as Law Chapter I. Soft Law for a Hard World Chapter II. International Law As Custom or False Consciousness? Chapter III. Sovereignty and Law Chapter IV. Making Law by Treaty Chapter V. International Law and Indeterminacy Part II. International Law as a System Chapter VI. Personality and Participation Chapter VII. International and National Law: Serving Two Masters? Chapter VIII. The Impossibility Of Multilateralism Chapter IX. Fragmentation, Proliferation and "Selfcontained Regimes" Chapter X. Universality of International Law Part III. The Rule of (International) Law Chapter XI. The Rule of Law and Equality under the Law Chapter XII. Democracy and Accountability Chapter XIII. Institutions above the Law? The Security Council Chapter XIV. Constitutionalizing International Law Chapter XV. An Irremediably Unjust World? Bibliography
- About the author
- Biographical note
- Principal publications
- Index.
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