Cynical International Law? Abuse and Circumvention in Public International and European Law

International Law

Cynical International Law? Abuse and Circumvention in Public International and European Law

Edited by Bjoernstjern Baade · Dana Burchardt · Prisca Feihle · Alicia Koeppen · Linus Muhrel · Lena Riemer · Raphael Schafer
Springer-Verlag November 2020

Specifications

ISBN-13
9783662621271
Publisher
Springer-Verlag
Publication
November 2020
Format
Hardback
Jurisdiction
Germany ? Countri(es) for reference only

Also available as

Paperback

Details

Analysing international law through the prism of "cynicism" makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.

Table of Contents

How (Not) to Be Cynical in International Law
Bjoernstjern Baade, Dana Burchardt, Prisca Feihle, Alicia Koeppen, Linus Muhrel, Lena Riemer and Raphael Schafer
Part I - Cynical Foundations of International Law:
Cynicism and the Autonomy of International Law
Theresa Reinold
Beyond Cynicism and Critique: International Law and the Possibility of Change
Gabriel M Lentner
Cynicism as a Modus of Political Agency: Can It Speak to International Law?
Hengameh Saberi
Part II - Cynical Actors in International Law:
The International Law Commission as a Club of Cynics? Originalism and Legalism in the Commission's Contemporary Work
Konstantin Kleine
The Added Value of the International Law Commission and Its Future Role in the Progressive Development and Codification of International Law
Patricia Galvao Teles
From Speaking Truth to Power to Speaking Power's Truth: Transnational Judicial Activism in an Increasingly Illiberal World
Daniel R. Quiroga-Villamarin
From Judicialisation to Politicisation? A Response to Daniel Ricardo Quiroga-Villamarin by an Academic Turned Practitioner
Andreas Paulus
Oceans of Cynicism? Norm-Genesis, Lawfare and the South China Sea Arbitration Case
Christian R.J. Pogies
Peace Through Law? The Role of the Law of the Sea Convention Put into Question
Nele Matz-Luck
Part III - Cynicism in European Law and Subfields of International Law:
Assessing the Strategic Use of the EU Preliminary Ruling Procedure by National Courts
Jesse T. Claassen
In International Law We (Do Not) Trust: The Persistent Rejection of Economic and Social Rights as a Manifestation of Cynicism
Caroline Omari Lichuma
In International Law We Shall Trust - (Even in) The Case of Economic and Social Rights
Dominik Steiger
All Is Fair in Law and War? Legal Cynicism in the Israeli-Palestinian Conflict
Shiri Krebs
Cynicism? Yes, Please! Embracing Cynicism at the International Criminal Court
Elisabeth Baier
Part IV - Cynicism and Abuse of Rights:
Abuse of Right in International Law: A Roman Law Analogy
Andrea Faraci and Luigi Lonardo
Abuse of Rights: From Roman Law to International Law? Comments on the Contribution
Andrea Faraci and Luigi Lonardo by Helmut Philipp Aust
Cynicism and Nationality Planning in International Investment Law
Philipp Janig
(New) Ways of Combating Abuse and Circumvention of European Law on the Example of Tax Evasion and Tax Avoidance
Helene Hayden
Cynicism as an Analytical Lense for International Law? Concluding Observations
Heike Krieger
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