Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.
Author(s): Jeffrey L. Dunoff, Mark A. Pollack
Publisher: Cambridge University Press
Year: 2022
Language: English
Pages: 448
City: Cambridge
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Contents
Contributors
Acknowledgments
part i introduction: setting the stage
1 Introduction to International Legal Theory
part ii traditional approaches to international law
2 Natural Law: Current Contributions of the Natural Law Tradition to International Law
3 International Legal Positivism
4 Legal Realism and International Law
5 Transnational Legal Process and the “New” New Haven School of International Law
part iii critical approaches to international law
6 Critical International Legal Theory
7 The Agenda of Third World Approaches to International Law (TWAIL)
8 Feminist Approaches to International Law
part iv post–cold war approaches to international law
9 Global Administrative Law
10 Constitutionalism As Theory
11 Global Legal Pluralism
part v interdisciplinary approaches to international law
12 Rationalist and Behavioralist Approaches to International Law
13 The Sociological Perspective on International Law
14 The Practice of Interpretation in International Law: Strategies of Critique
part vi international law: dialogue and dialectic
15 Reflections on International Legal Theory and Practice
16 Theory and Practice: Two Sides of the Same Coin
17 International Legal Theory: A Dialogic Conclusion
Index
