Description
Book SynopsisThe purpose of this volume is to explore what role ethical discourse plays in international law. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines.
Table of ContentsPart I. The Role of Ethics in Public International Law: 1. Moral reasoning in international law Roger P. Alford and James Tierney; 2. Between power and principle Oona A. Hathaway; 3. Jus cogens: international law's higher ethical norms Mary Ellen O'Connell; Part II. The Role of Ethics in Private International Law: 4. The problem of provenance: the proper place of ethical reasoning in the selection of applicable law Lea Brilmayer; 5. Choice of law as general common law: response to Professor Brilmayer Michael Steven Green; 6. A reply Lea Brilmayer; 7. The natural law challenge to choice of law Perry Dane; 8. The role of ethics in United States private international law Donald Earl Childress III; Part III. Normative and Theoretical Perspectives: 9. The nature of human rights theory: beyond the ethical/political divide Samantha Besson; 10. The ethic of international law H. Patrick Glenn.
