Chance, Order, Change: The Course of International Law, General Course on Public International Law by
The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline.
Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called? In what respects is it systematic? Does it — can it — respect the rule of law? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.
James Crawford AC SC FBA is the Whewell Professor of International Law, University of Cambridge, and Research Professor of Law, LaTrobe University. In 2010 he was awarded the Nessim Habif World Prize by the University of Geneva and in 2012 the Hudson Medal by the American Society of International Law. He was made a Companion of the Order of Australia in 2013.
Excerpt of table of contents:
Preface; Introduction and Overview;
Part I. International Law as Law
Chapter I. Soft Law for a Hard World
Chapter II. International Law As Custom or False Consciousness?
Chapter III. Sovereignty and Law
Chapter IV. Making Law by Treaty
Chapter V. International Law and Indeterminacy
Part II. International Law as a System
Chapter VI. Personality and Participation
Chapter VII. International and National Law: Serving Two Masters?
Chapter VIII. The Impossibility Of Multilateralism
Chapter IX. Fragmentation, Proliferation and “Selfcontained Regimes”
Chapter X. Universality of International Law
Part III. The Rule of (International) Law
Chapter XI. The Rule of Law and Equality under the Law
Chapter XII. Democracy and Accountability
Chapter XIII. Institutions above the Law? The Security Council
Chapter XIV. Constitutionalizing International Law
Chapter XV. An Irremediably Unjust World?
Bibliography; About the author; Biographical note; Principal publications; Index.