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The Philosophy of International Law


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Table of Contents

Samantha Besson and John Tasioulas: Introduction Part I General Issues in the Philosophy of International law Section I History of the Philosophy of International Law 1: Benedict Kingsbury and Benjamin Straumann: State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes and Pufendorf 2: Amanda Perreau-Saussine: Immanuel Kant on International Law Section II Legitimacy of International Law 3: Allen Buchanan: The Legitimacy of International Law 4: John Tasioulas: The Legitimacy of International Law Section III International Democracy 5: Thomas Christiano: Democratic Legitimacy and International Institutions 6: Philip Pettit: Legitimate International Institutions: A Neo-Republican Perspective Section IV Sources of International Law 7: Samantha Besson: Theorizing the Sources of International Law 8: David Lefkowitz: The Sources of International Law: Some Philosophical Reflections Section V International Adjudication 9: Andreas Paulus: International Adjudication 10: Donald Regan: International Adjudication: A Response to Paulus - Courts, Custom, Treaties, Regimes, and the WTO Section VI Sovereignty 11: Timothy Endicott: The Logic of Freedom and Power 12: Jean Cohen: Sovereignty in the Context of Globalization: A Constitutional Pluralist Perspective Section VII International Responsibility 13: James Crawford and Jeremy Watkins: International Responsibility 14: Liam Murphy: International Responsibility Part II Specific Issues in the Philosophy of International law Section VIII Human Rights 15: Joseph Raz: Human Rights without Foundations 16: James Griffin: Human Rights and the Autonomy of International Law 17: John Skorupski: Human Rights Section IX Self-Determination and Minority Rights 18: Will Kymlicka: Minority Rights in Political Philosophy and International Law 19: Jeremy Waldron: Two Conception of Self Determination Section X International Economic Law 20: Thomas Pogge: The Role of International Law in Reproducing Massive Poverty 21: Robert Howse and Ruti Teitel: Global Justice, Poverty and the International Economic Order Section XI International Environmental Law 22: James Nickel and Daniel Magraw: Philosophical Issues in International Environmental Law 23: Roger Crisp: Ethics and International Environmental Law Section XII Laws of War 24: Jeff McMahan: The Laws of War 25: Henry Shue: Laws of War Section XIII Humanitarian Intervention 26: Thomas Franck: Humanitarian Intervention 27: Danilo Zolo: Humanitarian Militarism? Section XIV International Criminal Law 28: David Luban: Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law 29: Antony Duff: Authority and Responsibility in International Criminal Law

About the Author

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.


This book is a comprehensive treatment of various topics in international law from several academics and authoritative sources * Alicia Elias-Roberts, The University of the West Indies *
heartily recommended ... demonstrates the best sort of international collaborative cosmopolitanism ... it will be a source of challenging ideas and the subject of useful engagement as students develop their own perspective on the global possibilites for the rule of law. * Political Studies Review *
Samantha Besson and John Tasioulas have done lawyers, scholars and the public an enormous service in their volume The Philosophy of International Law by raising the level of debate about the moral and political standards that should govern the assessment (and development) of international institutions... Besson and Tasioulas, the guiding lights behind this project, represent a brilliant new generation of philosophers speaking directly to a new generation of lawyers about international law - and they have manafed to gather many of the most perceptive and serious scholars on the subject together in one volume... This is an exciting and very important volume. * Mortimer Sellers, Director of the Center for International and Comparative Law, University of Maryland *
The Philosophy of International Law can be heartily recommended ... a source of challenging ideas * Christopher May, International Relations *

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