Ordering Anarchy: International Law in International Society

ISBN-13: 9789041114082 / Angielski / Twarda / 2000 / 400 str.

R. A. Mullerson; R. M]llerson; Rein Mllerson

Opis

The end of the Cold War has released some hitherto suppressed trends in international society that are reshaping international order, such as globalization and its nemesis - fragmentation. This volume analyzes the current transformation of the character of the state as the principal actor of international society and related changes in the structure of international society. International law, especially its fundamental principles, such as sovereign equality of states, non-use of force, non-interference, respect for human rights, and self-determination of peoples, reflect some basic characteristics of the state and the structure of international society. Because of significant changes going on in the latter, many crucial principles of international law have ceased to reflect the reality. Moreover, fundamental principles often come into conflict with each other since they reflect main characteristics of different international societies -- Westphalian and post-Westphalian. Part I of the volume analyses theoretical issues of international law, such as the nature of international law, its place in the world and its sources, and the relationship between international and domestic law. After the study of the changing world political landscape in Part II, Part III concentrates on contemporary issues of the use of force, human rights, and humanitarian law.