ISBN:
9789067048798
Language:
English
Pages:
Online-Ressource (XVIII, 277 p, digital)
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. New approaches to international law
Keywords:
Law
;
Law
;
Konferenzschrift 2010
;
Völkerrecht
;
Rechtstheorie
;
Entwicklung
Abstract:
This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds. Professor José María Beneyto is Director of the Institute for European Studies at CEU San Pablo University Madrid, Spain. Professor David Kennedy is Director of the Institute for Global Law and Policy at Harvard Law School, Cambridge, USA
Abstract:
This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.
Description / Table of Contents:
New Approaches to International Law; Preface; Contents; Part I History of the Human Rights Movement; 1 Where Does the Critique of International Human Rights Stand? An Exploration in 18 Vignettes; Abstract; 1.1…Introduction; 1.2…A Portrait of the Critique as a Movement; 1.2.1 The Critique of Epistemology: of Indeterminacy; 1.2.2 The Critique of History: The Never Ending Civilizing Mission; 1.2.3 The Critique of Voice: Who Speaks?; 1.2.4 The Critique of Substance: What Lies Behind Human Rights?; 1.2.5 The Critique of Means: On Over-Reliance on Law and Lawyers
Description / Table of Contents:
1.2.6 The Critique of Praxis: When the Road to Hell is Paved with Good Intentions1.3…A Few Illustrations; 1.3.1 The Torture Debate; 1.3.2 Invasion, Liberal Imperialism, and the Laws of War; 1.3.3 The Veil, Gender, and Minorities; 1.3.4 Economic Rights and Poverty; 1.3.5 Jurisdiction and Hegemony; 1.3.6 Human Rights and Ecology; 1.4…Reimagining Human Rights as a Critical Project; 1.4.1 Critical Cosmopolitan Horizons; 1.4.2 Decentering the Subject and the Politics of Defining the ''Human''; 1.4.3 Sovereignty, Community, and the Justice of Self-Determination
Description / Table of Contents:
1.4.4 Making the ''International'' Accountable1.4.5 International Human Rights from Below and Legal Pluralism; 1.4.6 Human Rights: Between Pragmatism, Ethics, and Politics; 1.5…Conclusion; References; 2 Self-Critique, (Anti) Politics and Criminalization: Reflections on the History and Trajectory of the Human Rights Movement; Abstract; 2.1…Introduction; 2.2…Self-Critique and the Human Rights Movement; 2.3…(Anti) Politics of the Human Rights Movement; 2.4…Criminalization and the Human Rights Movement; 2.5…Uruguay and the Battles Over Amnesty; 2.6…Conclusion; References
Description / Table of Contents:
3 National Responses in Latin America to International Events Propelling the Justice Cascade: The Gelman CaseAbstract; 3.1…Introduction; 3.2…The Nature and Use of Amnesty; 3.2.1 Forced Disappearances as Continuing Crimes; 3.2.2 The Imprescriptibility of Crimes Against Humanity and Grave Violations of Human Rights; 3.2.3 The Obligation to Investigate and Punish Human Rights Violations; 3.3…Recognizing Amnesty as Inconsistent With Human Rights; 3.4…Interface of National Politics and International Obligations; 3.4.1 An Immediate Precedent: The Guerrilha do Araguaia Case
Description / Table of Contents:
3.4.2 The Gelman Case: Can a Democratic Majority Adopt Decisions Contrary to International Law?3.5…Conclusions; References; Part II New Theoretical Approachesin International Law; 4 Engaging History in International Law; Abstract; 4.1…Introduction; 4.2…International Legal Historiography Today; 4.3…Four Assumptions About History; 4.3.1 Assumption #1: International Legal History is About the Search for Truth; 4.3.2 Assumption #2: Using Historical Knowledge is Different from Writing History; 4.3.3 Assumption #3: Law Has a Definite Relationship to a Social Context
Description / Table of Contents:
4.3.4 Assumption #4: Humanity's Path is Evolutionary and International Law is an Agent of Social Progress
Note:
Description based upon print version of record
DOI:
10.1007/978-90-6704-879-8
URL:
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