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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.

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• Contributors(p. ix)
• Acknowledgments(p. xi)
• Preface(p. xiii)
• Introduction(p. 1)
• Part I General Issues in the Philosophy of International Law
• Section I History of the Philosophy of International Law
• 1 State of Nature versus Commercial Sociability as the Basic of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes, and Pufendorf(p. 33)
• 2 Immanuel Kant on International Law(p. 53)
• Section II Legitimacy of International Law
• 3 The Legitimacy of International Law(p. 79)
• 4 The Legitimacy of International Law(p. 97)
• Section III International Democracy
• 5 Democratic Legitimacy and International Institutions(p. 119)
• 6 Legitimate International Institutions: A Neo-Republican Perspective(p. 139)
• Section IV Sources of International Law
• 7 theorizing the Source of International Law(p. 163)
• 8 The Sources of International Law: Some Philosophical Reflections(p. 187)
• Section V International Adjudication
• 9 International Adjudication(p. 207)
• 10 International Adjudication: A Response to Paulus-Courts, Custom, Treaties, Regimes, and the WTO(p. 225)
• Section VI Sovereignty
• 11 The Logic of Freedom and Power(p. 245)
• 12 Sovereignty in the Context of Globalization: A Constitutional Pluralist Perspective(p. 261)
• Section VII International Responsibility
• 13 International Responsibility(p. 283)
• 14 International Responsibility(p. 299)
• Part II Specific Issues in the Philosophy of International Law
• Section VIII Human Rights
• 15 Human Rights without Foundations(p. 321)
• 16 Human Rights and the Autonomy of International Law(p. 339)
• 17 Human Rights(p. 357)
• Section IX Self-Determination and Minority Rights
• 18 Minority Rights in Political Philosophy and International Law(p. 377)
• 19 Two Conceptions of Self-Determination(p. 397)
• Section X International Economic Law
• 20 The Role of International Law in Reproducing Massive Poverty(p. 417)
• 21 Global Justice, Poverty, and the International Economic Order(p. 437)
• Section XI International Environment Law
• 22 Philosophical Issues in International Environmental Law(p. 453)
• 23 Ethics and International Environmental Law(p. 473)
• Section XII Laws of War
• 24 Laws of War(p. 493)
• 25 Laws of War(p. 511)
• Section XIII Humanitarian Intervention
• 26 Humantarian Interveantion(p. 531)
• 27 Humanitarian Militarism?(p. 549)
• Section XIV International Criminal Law
• 28 Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law(p. 569)
• 29 Authority and Responsibility in International Criminal Law(p. 589)
• Index(p. 605)

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CHOICE Review

Besson (U of Fribourg, Germany) and Tasioulas (Univ. of Oxford, UK) have collected 29 essays that add to the understanding of international law within the context of philosophy. This is a fine addition to the literature, particularly supplementing the earlier effort of Fernando Teson, A Philosophy of International Law (1998). The coverage is indeed wide and varied. The historical background from Roman law through the classical writers is followed by an examination of the normative relationship of international law to international politics, including a discussion of the former's legitimacy (i.e., is there such a thing as international law?). There is also a focus on democracy and its role in law creation, a topic of great currency. A review of the basic foundational sources of international law is necessarily included, along with coverage of the issue of human rights, international economic law, international criminal law, and the law of war, as well as the newly emergent concern for the environment. The approach the authors take is also unique: a "dialogical" method in which one essay's presenter will set out a topic and a second will engage in an argument of the subject. This is a book for a deeper understanding and appreciation of international law. Summing Up: Recommended. Graduate, research, and professional collections. S. R. Silverburg Catawba College

Notas de autor provistas por Syndetics

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.