Books in the ASIL Studies in International Legal Theory series

The world is changing rapidly and there are increasing calls for international and legal responses. Social changes in areas such as globalization, development, demography, democratization and technology are growing in importance for both citizens and states. Over time this will be reflected in international law and organizational structures, which will have more prominence in governmental functions. In this sense the future of international law is global government. This book draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of global concern and predicts that a more extensive, powerful and varied international legal system will be needed to cope with future opportunities and challenges.

The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.

This book takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law.

This book is a valuable addition to the literature on self-determination. Top scholars in the field debate the concepts of nation, people, secession, and democracy, as they appear in international law and in actual diplomacy. It will be an essential tool for international law scholars, global-justice philosophers, and international-relations specialists.

Human Rights in Emergencies offers cutting-edge perspectives on the application of international human rights law during national emergencies. Leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights norms, and they explain how the law seeks to protect human rights during emergencies.

This book takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law.

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. It highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.

This book addresses conflicts involving how law relates to normative orders.

The purpose of this volume is to explore what role ethical discourse plays in international law. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines.

This book examines the boundary between parochial and cosmopolitan justice. Nine lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions or heightened duties under international law. Essays draw the line between international law, national jurisdiction and the private autonomy of persons.

This collection of essays brings together some of the leading legal, political and moral theorists to discuss normative issues that arise when war concludes and when a society strives to regain peace. The volume questions whether jus post bellum itself should be a distinct field of inquiry.

This book is the first comprehensive volume on theories of international punishment and serves as a basis for further research and discussion. It will be of great interest to academics, practitioners and students of international criminal law and justice.

This book takes a multidisciplinary approach to understanding the economic fairness problems that societies face as they become increasingly interdependent.

This volume offers a historical-juridical foundation for the development of an innovative and truly global legal system that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. It outlines a new global law that will constitute a genuine legal order serving humanity and world peace.

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. It highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.

This book examines and critiques the growing role that human rights law plays on and off the battlefield, and asks how this development impacts the role of international humanitarian law as the main body of law regulating the conduct of warfare.

Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international law and ethics. In part because of these enigmas, the subject has generated a wide-ranging literature. However, no recent book-length work has attempted to articulate a comprehensive theory of customary international law that can effectively resolve these questions. This book sets out to accomplish this goal. Its approach is unique in a number of ways. For example, it is multidisciplinary and draws insights from fields such as legal theory, philosophy, political science, and game theory. In addition, it is anchored in a sophisticated ethical framework and explores at length the interconnections between customary international law and ethics.