Suchergebnisse

Contends that Michael Hardt & Antonio Negri's Empire (2000) lacks an adequate accounting of the functioning of international law, focusing on the legal dimensions of the apparently emergent new form of imperialism & the World Bank. To understand Hardt & Negri's notion of Empire, three key characteristics of it, per the authors, are discussed: it is new, is decentered & deterritorialized, & emphasizes totality. In looking at the World Bank's two most recent publications of the World Development Report, difficulties related to the emphasis on deterritorialization & totality are elaborated on & how they depend on & reproduce a static & positivistic conception of law is demonstrated. In addition, an emergent international legal imperialism that Hardt & Negri do not address is exposed. At issue is the disempowering naturalization of the market & the incorrect assertion that nation &, thus, sovereignty are in decline. While World Bank practices appear at first blush to resonate with "empirial" modes of power, such practices actually depend on a kind of modern rather than postmodern sovereignty. Hardt & Negri's unidirectional & positivist conception of the relationship between law, states, & markets, wherein they eschew the potency of the myth of the rule of law, its link to nation, & in turn international law, hides the mechanisms by which the World Bank & other multilateral economic institutions construct the current empirial world order. J. Zendejas

The Oxford Handbook of International Law and Development is a unique overview of the field of international law and development, examining how normative beliefs and assumptions around development are instantiated in law, and critically examining disciplinary frameworks, competing agendas, legal actors and institutions, and alternative futures.

1. Incitement to justice : Fitzpatrick's citations as counter-imperialism / Marianne Constable -- 2. Reading Thomas Hobbes : Peter Fitzpatrick's gentle deconstructionist style / James Martel -- 3. Unconditional laws and ungovernable sovereigns / George Pavlich -- 4. Democracy's ruins, democracy's archive / Paul A. Passavant -- 5. Living in internal law / Fleur Johns -- 6. The World Trade Organization and Fitzpatrick's "new constitutionalism" / Fiona Macmillan -- 7. Derrida's territorial knowledge of justice / William E. Conklin -- 8. Reading Luther : law, modernity, and psychoanalysis / Judith Grbich -- 9. Totemic immimanence : Peter Fitzpatrick's liminal contemplation of law / Johan van der Walt -- 10. "The obliging etymology of 'nomos'" : Peter Fitzpatrick and the aesthetics of law / Carrol Clarkson -- 11. Writing by firelight : constructing an enduring consciousness of post-coloniality / Abdul Paliwala -- 12. Reading slowly : the law of literature and the literature of law / Peter Fitzpatrick.

The international law in force : anachronistic ethics and divine violence / Jennifer Beard -- Absolute contingency and the prescriptive force of international law, Chiapas-Valladolid, ca. 1550? / Oscar Guardiola-Rivera -- Latin roots : the force of international law as event / Peter Fitzpatrick -- Westphalia : event, memory, myth / Richard Joyce -- The force of a doctrine : Art. 38 of the PCIJ statute and the sources of international law / Thomas Skouteria -- Paris 1793 and 1871 : levee en masse as event / Gerry Simpson -- Decolonisation and the eventness of international law / Sundhya Pahuja -- Postwar to new world order and post-socialist transition : 1989 as pseudo-event / Scott Newton -- The liberation of Nelson Mandela : anatomy of a "happy event" in international law / Frederic Megret -- Political trials as events / Emilios Christodoulidis -- The Tokyo Women's Tribunal and the turn to fiction / Karen Knop -- Many hundred thousand bodies later : an analysis of the "legacy" of the International Criminal Tribunal for Rwanda / Denise Ferreira da Silva -- From the state to the union : international law and the appropriation of the new Europe / Patricia Tuitt -- The emergence of the World Trade Organization : another triumph of corporate capitalism / Fiona Macmillan -- The World Trade Organisation and development : victory of "rational choice" / Donatella Alessandrini -- Protesting the WTO in Seattle : transnational citizen action, international law and the event / Ruth Buchanan -- Globalism, memory and 9/11 : a critical third world perspective / Obiora Chinedu Okafor -- Provoking international law : war and regime change in Iraq / John Strawson -- The torture memos / Fleur Johns.

"Events: The Force of International Law" presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these 'events' of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, "Events: The Force of International Law" will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory.It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.

Since the mid-twentieth century, 'international law' and 'international development' have become two of the most prominent secular languages through which aspirations about a better world are articulated. They have shaped the both the treatment and self-understanding of the 'developing' world, often by positing the West as a universal model against which developing states, their citizens, and natural environments should be measured and disciplined. In recent years, however, critical scholars have investigated the deep linkages between the concept of development, the doctrines and institutions of international law, and broader projects of ordering at the international level. They have shown how the leading models de-radicalise, if not derail, initiatives to redefine development and pursue other forms of global well-being. Bringing together scholars from both the Global South and the Global North, the contributions in this Handbook invite readers to consider the limits of common normative and developmentalist assumptions. At the same time, the Handbook demonstrates how disparate but still identifiable set of ideas, imaginaries, norms, and institutional practices - related to law, development and international governance - shape today's profoundly unequal material conditions, threatening the future of human and nonhuman life on the planet. The book focuses on five distinct areas: existing disciplinary frameworks, institutions and actors, regional theatres of international law and development, competing social and economic agendas, and alternative futures.