Critical International Law: Postrealism, Postcolonialism, and Transnationalism
Critical International Law: Postrealism, Postcolonialism, and Transnationalism
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Abstract
Scholars have always thought of international law critically for some time now. This book reflects three broad movements within critical international law scholarship. Postrealism, to begin with, addresses the changing ways of conceiving the tensions between international laws and international politics. Postcolonialism then records and analysis doubts about international law’s Eurocentricsm and its subsequent universalization. Finally, transnationalism sees international law not as interstate law, or only as states as the primary subject of law, but appreciates the tremendous power of private actors, NGOs, and non-state actors that reshape the doctrine and function of international law. This book reintroduces critical international law to a broader audience. It wrestles with the summary rejection of ‘the crits’. To the subject of international law, internalizing criticism, the book argues, is vital.
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Front Matter
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Introduction: Thinking International Law Critically One Attitude, Three Perspectives
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Section I Postrealism
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1
Descendants of Realism? Policy-Oriented International Lawyers as Guardians of Democracy
Hengameh Saberi
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2
Riddle of the Sands: Time, Power, and Legitimacy in International Law
John R. Morss
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3
The Welfarist Approach to International Law: An Appraisal
Rossana Deplano
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4
Revisiting the Role of International Courts and Tribunals?
Prabhakar Singh
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1
Descendants of Realism? Policy-Oriented International Lawyers as Guardians of Democracy
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Section II Postcolonialism
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5
Towards a Postcolonial International Law
Antony Anghie
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6
A Universal History of Infamy: Human Rights, Eurocentrism, and Modernity as Crisis
José-Manuel Barreto
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7
‘Suffering’ the Paradox of Rights? Critical Subaltern Historiography and the Genealogy of Empathy
Mark Toufayan
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8
The ‘Magic Circle’ of Rights Holders: Human Rights’ Outsiders
Benoît Mayer
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5
Towards a Postcolonial International Law
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Section III Transnationalism
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9
The Rise and Fall of ‘International Man’
Frédéric Mégret
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10
The Human Right to Water as a ‘Creature’ of Global Administrative Law
Owen McIntyre
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11
Of Precedents and Ideology: Lawmaking by Investment Arbitration Tribunals
René Urueña
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12
Constitutionalism and Pluralism: Two Ways of Looking at Internationalism
Prabhakar Singh andSonja Kübler
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9
The Rise and Fall of ‘International Man’
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Afterword
What’s Critical about Critical International Law? Reflections on the Emancipatory Potential of International Legal Scholarship
Sébastien Jodoin andKatherine Lofts
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End Matter
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