The art of law in the international community
著者
書誌事項
The art of law in the international community
(Hersch Lauterpacht memorial lectures)
Cambridge University Press, 2020
- pbk
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注記
"First published 2019""First paperback edition 2020"--T.p. verso
Includes index
内容説明・目次
内容説明
International law evolved to end and prevent armed conflict as much as for any other reason. Yet, the law against war appears weaker today than ever in its long history, evidenced by raging armed conflicts in which people are killed, injured, and forcibly displaced. The environment is devastated, and the planet impoverished. These consequences can be traced to the dominant ideology of realism. In 1946, Hersch Lauterpacht challenged that ideology by contrasting it with the idea of international law, composed of natural law, positive law, and process theory. The Art of Law in the International Community revives his vision, rebuilding the understanding of why international law binds, what its norms require, and how courts are the ideal substitutes for war. The secret to the renewal of international law lies in revitalizing the moral foundation of natural law through drawing on aesthetic philosophy and the arts.
目次
- Acknowledgements
- Introduction
- 1. Revitalizing the theory of international law compliance
- 2. Prohibiting force through peremptory norms
- 3. The UN Security Council for maintaining the peace
- 4. The limited exception for self-defence
- 5. Restricting exceptions for invitation and rebellion
- 6. Revitalizing the process of international dispute resolution
- Conclusion
- Index.
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