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Is International Law International?

Is International Law International?

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780190696412
  • 出版时间 October 2017
  • 规格: Hardback
  • 适应领域: U.S. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9780190066055
¥563.06
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  • 描述 
  • 大纲 
  • 详细

    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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