International Law

Critical International Law Postrealism, Postcolonialism, and Transnationalism

Edited by Prabhakar Singh · Benoît Mayer
Oxford University Press November 2014

Specifications

ISBN-13
9780199450633
Publisher
Oxford University Press
Publication
November 2014
Format
Hardback , 352 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • The volume brings together scholars from around the world with panache for re-reading international law.
  • It deals with both theory of international law and issues of interpretation.
  • It addresses themes such as the history of international law, policy approach, customary law, human rights, international courts and tribunals, international bureaucracy, and investment law and constitutional approach to international law.
  • Editors and contributors come from common law and civil law backgrounds.


The number of scholars engaging critically with the paradoxes hidden in international law continues to grow. This edited volume features contributions by scholars from around the world, from different generations, and with different critical perspectives, reflecting the vibrancy of contemporary critical debates.

The editors have identified three main streams representating critical international law. While Postrealism discusses international laws and international politics, Postcolonialism grapples with the understanding of international law vis-à-vis decolonized countries informed by sociology, philosophy and history. Transnationalism displaces states as the primary makers of international law to include non-state actors in the global governance, if any, of international law.

This book would be useful to students and researchers in international law and related disciplines (e.g. international relations, global studies, political science, sociology of law).

Readership: Primary market: Institutional libraries and institutions/organizations Secondary market: Students of international relations, global studies and political sciences, sociology of law; interdisciplinary researchers; Diplomats; and international civil servants.

Table of Contents

Acknowledgements
Foreword by Simon Chesterman
1: Thinking International Law Critically: One Attitude, Three Perspectives (Prabhakar Singh and Benoît Mayer)
Section I: Postrealism
2: Descendants of Realism? Policy-oriented International Lawyers as Guardians of Democracy (Hengameh Saberi)
3: Riddles of the Sands: Time, Power, and Legitimacy in International Law (John R. Morss)
4: The Welfarist Approach to International Law: An Appraisal (Rossana Deplano)
5: Revisiting the Role of the International Courts and Tribunals? (Prabhakar Singh)
Section II: Postcolonialism
6: Towards a Post-colonial International Law (Antony Anghie)
7: A Universal History of Infamy: Human Rights, Eurocentrism, and Modernity as Crisis (José-Manuel Barreto)
8: 'Suffering' the Paradox of Rights? Critical Subaltern Historiography and the Genealogy of Empathy (Mark Toufayan)
9: The 'Magic Circle' of Rights Holders: Human Rights' Outsiders (Benoît Mayer)
Section III: Transnationalism
10: The Rise and Fall of 'International Man' (Frédéric Mégret)
11: The Human Right to Water as a 'Creature' of Global Administrative Law (Owen McIntyre)
12: Of Precedents and Ideology: Law-making by Investment Arbitration Tribunals (Rene Urueña)
13: Constitutionalism and Pluralism: Two Ways of Looking at Internationalism (Prabhakar Singh and Sonja Kübler)
Afterword
14: What's Critical about Critical International Law? Reflections on the Emancipatory Potential of International Legal Scholarship (Sébastien Jodoin and Katherine Lofts)
Index

About the Author

Prabhakar Singh, President's Graduate Fellow and Associate, Centre for International Law, Faculty of Law, National University of Singapore. Benoît Mayer, PhD candidate and research scholar at the National University of Singapore.

Contributors: 
Anthony Anghie is a Samuel D. Thurman Professor of Law at the University of Utah S.J. Quinney College of Law; José-Manuel Barreto is currently Rechtskulturen Postdoctoral Fellow at the Humboldt University, Berlin;Rossana Deplano holds a Ph.D. in Law from Brunel University and an LL.M. and LL.B. from the University of Cagliari; Sébastien Jodoin is a PhD Candidate, Trudeau Scholar and a SSHRC Doctoral Fellow at Yale University; Sonja Kübler holds an LL.M. in Asian Legal Studies from the Faculty of Law, National University of Singapore; Katherine Lofts is an Associate Fellow with the Centre for International Sustainable Development Law and the Director of Research and Policy for the One Justice Project; Benoît Mayer is a Ph.D. candidate and research scholar at the National University of Singapore Faculty of Law and the coordinator of the Environmental Migration Program at the Center for International Sustainable Development Law; Owen McIntyre is a Senior Lecturer at the University College Cork; Frédéric Mégret is an Associate Professor and Associate Dean (Research) at the Faculty of Law, McGill University, where he holds the Canada Chair in the Law of Human Rights and Legal Pluralism; John R. Morss is a Senior Lecturer at Deakin University School of Law; Hengameh Saberiis an Assistant Professor at Osgoode Hall Law School; Prabhakar Singh is President's Graduate Fellow and Associate, Centre for International Law, Faculty of law, National University of Singapore where he is pursuing his PhD He is also associate editor of the Asian Yearbook of International LawMark Toufayan is an Assistant Professor of Law, University of Ottawa, Civil Law Section; René Urueña is an Assistant Professor and Director of the International Law Program, Universidad de Los Andes.

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