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This pioneering Research Handbook, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law.
Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are.
Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.
Foreword
Philip Allott
Preface
PART I: THE ESSENCE AND DEVELOPMENT OF INTERNATIONAL LEGAL THEORY
1. The Relevance of Theory and History – The Essence and Origins of International Law
Alexander Orakhelashvili
2. Early-Modern Scholarship on International Law
Alain Wijffels
3. Natural Law and the Law of Nations
Patrick Capps
4. The Origins of Consensual Positivism – Pufendorf, Wolff and Vattel
Alexander Orakhelashvili
5. The Transformation of International Law in the 19th Century
Amnon Lev
6. Hans Kelsen’s Place in International Legal Theory
Jörg Kammerhofer
7. ‘The Holiness of the Heart’s Affection’: Philip Allott’s Theory of Social Idealism
Iain Scobbie
PART II: THEMATIC ASPECTS OF INTERNATIONAL LEGAL THEORY
8. International Human Rights Law Theory
Frédéric Mégret
9. The Philosophy of International Criminal Law
Robert Cryer
10. International Law and EU Law: Between Asymmetric Constitutionalisation and Fragmentation
Katja S. Ziegler
11. International Law, International Politics and Ideology
Alexander Orakhelashvili
PART III: HISTORY OF INTERNATIONAL LAW
12. Periodization and International Law
William E. Butler
13. Acculturation through the Middle Ages: The Islamic Law of Nations and its Place in the History of International Law
Jean Allain
14. The Classical Law of Nations (1500–1800)
Randall Lesaffer
15. The 19th-Century Life of International Law
Alexander Orakhelashvili
16. International Law between Universality and Regional Fragmentation. The Historical Case of Russia
Lauri Mälksoo
17. International Law in the 20th Century
Carlo Focarelli
Index
Alexander Orakhelashvili, University of Birmingham, UK
‘The editor has done a masterful job of gathering leaders in this field, facilitating the flow of this book through the ages of the thinking it describes, and presenting an incredibly well-documented and authoritative treatment of a somewhat neglected subject.’
– American Society of International Law Newsletter
‘. . . the individual chapters are all eminently informative and very readable. It is therefore certainly true, as stated in the foreword by Philip Allott, that this Handbook will “encourage more thinkers and more thought” on international thought, and this is why it is. . . a very welcome addition to the literature.’
– Björn Elberling, German Yearbook of International Law
‘It is a good time in which to be a thinker about the remarkable present and the daunting future of the human world. The present volume will encourage more thinkers and more thought. It could not be more timely or more necessary.’
– From the Foreword by Philip Allott
