Full Description
This open access book examines international law from a critical perspective, at a time when some would say that it is under an existential threat. The modern international institutions — collective security through the UN, the monetary order of the Bretton Woods system, and trade liberalisation anchored in the World Trade Organization — are all contested. Several of the contributions explore whether international lawyers might want to consider positioning themselves in opposition to this wave of contestation. While some aspects of the global system may be ripe for reform, the world stands at a crossroads: will an emerging multipolar order lead to greater instability, or might it fulfill some of the aspirations expressed in earlier critiques?
The volume is structured around six central themes: critical doctrinalism, constructing and redefining identities, the role of scholars, the politics of historicising international law, international law as an instrument and a part of warfare, and reconsidering hegemony, imperialism, and colonialism.
The aim is to deepen the understanding of what is at stake in the current state of the international world order. As such, the book is intended for scholars, students, and the general public. It is published in tribute to Pål Wrange, Professor in International Law at the Faculty of Law of Stockholm University.
Mark Klamberg is a Professor in International Law at the Faculty of Law of Stockholm University in Sweden.
Katinka Svanberg is a Senior University Lecturer in International Law and LL.D. from Stockholm University in Sweden.
Love Rönnelid is a Senior Associate Lecturer in International Law at the Faculty of Law of Stockholm University in Sweden.
Contents
Introduction - The World Order at a Crossroads.- Part I. Critical Doctrinalism.- 2. Critical Doctrinalism.- 3. The Exercise of Discretion in International Law - The Different Functions of Constraining Criteria.- 4. Personal Immunity before the International Criminal Court.- 5. Critical Perspectives in the Law of the Sea - the Regulation of Underwater Infrastructure as an Example of Facilitation and Limitation in Parallel.- Part II. Constructing and Redefining Identities.- 6. Re-Defining Statehood in the Face of Rising Sea Levels.- 7. International Law from Below - the case of Klimaseniorinnen, Climate Change, and Human Rights.- 8. An Obligation to Compromise? Between Statehood and Autonomy in the Case of Western Sahara after 2007.- 9. Sweden as a Member of NATO - How Might the Role of International Law in Swedish Foreign Policy Change?.- 10. Sweden, NATO and European Integration.- 11. Neutrality or Equivocation: The Response of African States to the Ukraine Conflict.- Part III. The Role of Scholars: Neutral Commentators or Activists?.- 12. The Role of International Lawyers in a Changing (Physical and Political) Climate.- 13. Problems in Teaching Public International Law.- 14. Karl Olivecrona and the Legal Realist Support for Nazi Germany.- 15. The Charismatic Educators of International Investment Law.- Part IV. The Politics of Historicizing International Law.- 16. Historicizing International Law.- 17. Clausewitz and the Development of International Law.- 18. Uses and Misuses of History in International Criminal Justice and Intertemporal Law.- 19. State Sovereignty and the Origins of International Legal Formalism.- Part V. International law as an Instrument and Part of Warfare.- 20. The Key Role of International Law in Contemporary Conflicts: Challenges and Prospects.- 21. 'Hybrid' Naval Warfare and Its Intended Legal Implications?.- 22. Of Legal Cars Leaving Political Factories.- 23. Responsibility and Accountability for Environmental Destruction in Relation to Armed Conflicts: The Case of Ukraine.- 24. Minorities' Aspiration to Self-Determination, a Major Cause of Conflicts in Europe: Do They Shape International Law Towards Remedial Secession for Severely Oppressed Minorities?.- 25. The Vanishing Point of Interpretation: Recognising the Limits to Reconciling the Concurrent Applications of International Human Rights Law and International Humanitarian Law.- 26. Economic Lawfare and WTO Law.- Part VI. Reconsidering Hegemony, Imperialism and Colonialism.- 27. Carl Schmitt in Russia and China: A Revival for Großraum Analytics in International Law?.- 28. Tackling Hazardous Dumping or Legitimizing Toxic Colonialism? - Exploring the Role of International Law in Managing Trade in Hazardous Substances.- 29. A New UN: The Regrettable Irrelevance of the Security Council.- 30. The Aggression Against Ukraine - What are the Lessons for a Future World Order?.- 31. Private Authority in International Finance: The Case of Credit Rating Agencies.- 32. How to Counter Attempts by Authoritarian States to Redefine the Concept of Human Rights: Russia's Use of Human Rights Justifications in Defense of its Invasion of Ukraine.- 33. Contestation and Legitimacy in Global Governance.
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