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Is International Law International?

Is International Law International?

Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 9780190696412

Published In: October 2017
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780190066055

List Price: HKD 663.00

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This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked.

International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field.

By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.

List of Figures

List of Tables

Abbreviations

Foreword by Martti Koskenniemi

Preface

Acknowledgments

Chapter 1

The Divisible College of International Lawyers

I. Difference

II. Dominance

III. Disruption

Chapter 2

Project Design

I. General Framework

A. Comparative International Law

B. International Law as a Transnational Legal Field

II. The Actors and Materials Studied

A. International Law Academics

B. International Law Textbooks

III. The States and Universities Studied

A. The Permanent Members of the Security Council

B. Focus on Academics at Elite Universities

IV. Important Concepts and Factors

A. Nationalizing, Denationalizing, and Westernizing Influences

B. Core, Periphery, and Semiperipheral States

C. The Relevance of Language

V. Three Points of Method

A. Factors That Reflect and Reinforce Particular Approaches

B. Identifying and Seeking to Overcome One's Own Limitations

C. Studying the Present Rather Than Changes over Time

Chapter 3

Comparing International Law Academics

I. The Global Flow of Students and Ideas

A. Cross-Border Flows of Tertiary Students in General

B. The Globalization of Legal Education

C. Implications for the Divisible College

II. Comparing Educational Profiles

A. Tracking Educational Diversity

B. Explaining Educational Diversity

C. Implications for the Divisible College

III. Comparing Publication Placements

A. Tracking Publication Placements

B. Explaining Publication Placements

C. Implications for the Divisible College

IV. Comparing Links Between Academia and Practice

A. Tracking Links between Academia and Practice

B. Explaining Different Connections between Academia and Practice

C. Implications for the Divisible College

Chapter 4

Comparing International Law Textbooks and Casebooks

I. Preliminary Points of Method

A. Identifying Textbooks, Casebooks, and Manuals

B. The Need for Multiple Metrics and Case Studies

C. Changes Over Time in Chinese and Russian Textbooks

II. The Nationalized/Denationalized Divide

A. Identifying Highly Nationalized Textbooks

B. Identifying Highly Denationalized Textbooks

III. Inconsistent Approaches

A. A Two-Speed Approach in Chinese Textbooks

B. Future Directions for Chinese Textbooks

IV. A Tendency to Look West

A. Looking West in Citations to National Court Decisions

B. Looking West in Citations to Academic Authorities

V. A Lack of Diverse Comparativism

A. Textbooks that Lack a Comparative Approach

B. Textbooks that are Comparative but Not Necessarily Diverse

VI. Divisions Between the Western and Non-Western Books

A. Differences in Emphasis: the Law of Outer Space

B. Differences in Ideology: Unilateral Humanitarian Intervention

VII. Divisions Between Western Books

A. Differences in High Politics: 2003 Iraq War

B. Differences in Low Politics: Approaches to Jurisdiction

Chapter 5

Patterns of Difference and Dominance

I. Comparing International Legal Academies

A. Identifying Outlier Academies and Institutions

B. Identifying Different Comparative Advantages

II. Identifying Scholarly Silos and Attempts to Connect

A. Debates about Crimea's Annexation by, or Reunification with, Russia

B. Debates about the South China Sea Arbitration 453

III. Identifying Patterns of Dominance

A. Representation of Regions and Nationalities

B. English as International Law's Lingua Franca

C. The Effect of Choice of Language on the Field

D. The Example of the Jessup Moot Competition

Chapter 6

Disruptions Leading to a Competitive World Order

I. Shifting to a Competitive World Order

A. The Significance of Changing Geopolitical Power

B. China and Russia's Joint Declaration on International Law

II. Disagreements in Practice, Not Just Words

A. Constraining Western Agendas: Unilateral Humanitarian Intervention

B. Pursuing Non-Western Agendas: Cyber and Information Security

C. Challenging Interpretations: Freedom of the Seas

Conclusion

Appendix A

Academics included in the Study

Appendix B

Scholars Referred to in Select Chinese and Russian International Law Textbooks

Appendix C

Tables of Content for International Law Textbooks

Appendix D

Chinese Research Funding by Topic

Bibliography*

Books and Reports

Book Chapters

Journal Articles and Book Reviews

Newspapers, Magazines, and Blogs

Cases

Internet Sources

Speeches and Audio

Statutes, Government Statements and Decrees

Other

Index

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