Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.

This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

Why should sovereign states obey international law? In this groundbreaking study Fernando Tesón argues that an overlapping respect for human rights has created a moral common ground among the countries of the world. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.

One of the most unfortunate facts about the relationship of the United States with Latin America is that only in recent years has there been any appreciable amount of intellectual interchange with reference to law. This, of course, is an example of the relative lack of cultural exchange between these peoples. Only in very recent years has the North American interest in Latin America been in any sense general and active. While there are a few recent volumes which discuss various aspects of Latin American law in a fashion calculated to interest the North American lawyer and academician, the Latin American contributions to and attitudes toward international law are virtually unknown in the United States except in very restricted quarters. For this reason it was thought that a survey such as the one presented here would contribute not only to a better under standing of Latin American juristic thought as pertaining to international law, but also to a better comprehension of legal theory in general, and of Latin American culture as a whole. The phase of the philosophy of international law which, with reference to the regional application here studied, has been the major interest in this work, i.e., whether writers rely more on naturalism or positivism as the philosophical foundation of the law of nations, is, like the matter of Latin American law itself, a subject which has been neglected by North American scholars.

Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society

In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international legal skepticism, and understanding why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law.

Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society