The Gentle Civilizer of Nations


Book Description

International law was born from the impulse to 'civilize' late nineteenth-century attitudes towards race and society, argues Martti Koskenniemi in this study of the rise and fall of modern international law. This book combines legal analysis, historical and political critique and semi-biographical studies of key figures and institutions.




To the Uttermost Parts of the Earth


Book Description

To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.




Mestizo International Law


Book Description

The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.




Recourse to Force


Book Description

The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.




The Politics of International Law


Book Description

Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.




From Apology to Utopia


Book Description

This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.




International Law and Empire


Book Description

By examining the relationship between international law and empire from early modernity to the present, this volume improves current understandings of the way international legal institutions, practices, and narratives have shaped imperial ideas about and structures of world governance.




The Writing on the Wall


Book Description

A critical analysis of Israel's control of the Occupied Palestinian Territory, advocating a normative and functional approach.




A Companion to U.S. Foreign Relations


Book Description

Covers the entire range of the history of U.S. foreign relations from the colonial period to the beginning of the 21st century. A Companion to U.S. Foreign Relations is an authoritative guide to past and present scholarship on the history of American diplomacy and foreign relations from its seventeenth century origins to the modern day. This two-volume reference work presents a collection of historiographical essays by prominent scholars. The essays explore three centuries of America’s global interactions and the ways U.S. foreign policies have been analyzed and interpreted over time. Scholars offer fresh perspectives on the history of U.S. foreign relations; analyze the causes, influences, and consequences of major foreign policy decisions; and address contemporary debates surrounding the practice of American power. The Companion covers a wide variety of methodologies, integrating political, military, economic, social and cultural history to explore the ideas and events that shaped U.S. diplomacy and foreign relations and continue to influence national identity. The essays discuss topics such as the links between U.S. foreign relations and the study of ideology, race, gender, and religion; Native American history, expansion, and imperialism; industrialization and modernization; domestic and international politics; and the United States’ role in decolonization, globalization, and the Cold War. A comprehensive approach to understanding the history, influences, and drivers of U.S. foreign relation, this indispensable resource: Examines significant foreign policy events and their subsequent interpretations Places key figures and policies in their historical, national, and international contexts Provides background on recent and current debates in U.S. foreign policy Explores the historiography and primary sources for each topic Covers the development of diverse themes and methodologies in histories of U.S. foreign policy Offering scholars, teachers, and students unmatched chronological breadth and analytical depth, A Companion to U.S. Foreign Relations: Colonial Era to the Present is an important contribution to scholarship on the history of America’s interactions with the world.




Principles of Atmospheric Science


Book Description

Providing a comprehensive introduction to atmospheric science, the author identifies the fundamental concepts and principles related to atmospheric science.