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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.

Reviews

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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