Description
Book SynopsisThis 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.
Trade Review‘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
Table of ContentsContents: 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
