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Research Handbook on the Theory and History of International Law

2nd Edition

Edited by Alexander Orakhelashvili, Reader, School of Law, University of Birmingham, UK

ISBN: 978 1 78811 670
Publicado: 2020
Páginas: 512

This updated and revised second edition provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.

With contributions from renowned experts, this Research Handbook explores the essence and development of international legal theory, taking account of the key shifts and advances since the era of classical legal scholarship. Contributors examine several major areas of international law in depth, before transferring their focus to the history of international law from the medieval period up to the present day. Coverage has been expanded to include analysis of the origins of and Eurocentric narratives surrounding the present system, and to discuss significant developments of the 21st century.

Scholars and students of international law and politics looking for an in-depth understanding of the current international legal system and its history will find this Research Handbook to be crucial reading. Its theoretical approach will also be of interest to legal theorists, as well as researchers in ethics and philosophy.

CONTENIDO

Foreword to the First Edition
Editor’s Preface to the Second Edition

PART I THE ESSENCE AND DEVELOPMENT OF
INTERNATIONAL LEGAL THEORY
1 The relevance of theory and history: the essence and origins of international law
Alexander Orakhelashvili
2 Early-modern scholarship on international law
Alain Wijffels
3 Natural law and the law of nations
Patrick Capps
4 The origins of consensual positivism: Pufendorf, Wolff and Vattel
Alexander Orakhelashvili
5 The transformation of international law in the nineteenth century
Amnon Lev
6 Hans Kelsen’s place in international legal theory
Jörg Kammerhofer

PART II THEMATIC ASPECTS OF INTERNATIONAL LEGAL THEORY
7 International human rights law theory
Frédéric Mégret
8 The philosophy of international criminal law
Robert Cryer and Albert Nell
9 International law, international politics and ideology
Alexander Orakhelashvili

PART III HISTORY OF INTERNATIONAL LAW
10 Periodization and international law
William E. Butler
11 Origins, record and narratives: uses and abuses of international legal history
Alexander Orakhelashvili
12 Acculturation through the Middle Ages: the Islamic law of nations and
its place in the history of international law
Jean Allain
13 The classical law of nations
Randall Lesaffer
14 The nineteenth-century life of international law
Alexander Orakhelashvili
15 International law between universality and regional fragmentation: the historical case of Russia
Lauri Mälksoo
16 International law in the twentieth century
Carlo Focarelli
17 International law in the early twenty-first century
Tom Ruys and Anemoon Soete

Index

Contributors:

Contributors include: J. Allain, W.E. Butler, P. Capps, R. Cryer, C. Focarelli, J. Kammerhofer, R. Lesaffer, A. Lev, L. Mälksoo, F. Mégret, A. Nell, A. Orakhelashvili, T. Ruys, A. Soete, A. Wijffels