Rethinking Morgenthau in the German Context
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The Sources of International Law: an Introduction
The Sources of International Law : An Introduction Samantha Besson, Jean d’Aspremont To cite this version: Samantha Besson, Jean d’Aspremont. The Sources of International Law : An Introduction. Besson, Samantha and d’Aspremont, Jean. The Oxford Handbook of the Sources of International Law, Oxford University Press, pp.1–39, 2017, 978-0-19-186026-3. hal-02516183 HAL Id: hal-02516183 https://hal.archives-ouvertes.fr/hal-02516183 Submitted on 28 Apr 2020 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. THE SOURCES OF INTERNATIONAL LAW AN INTRODUCTION Samantha Besson and Jean D’Aspremont* I. Introduction The sources of international law constitute one of the most central patterns around which international legal discourses and legal claims are built. It is not contested that speaking like an international lawyer entails, first and foremost, the ability to deploy the categories put in place by the sources of international law. It is against the backdrop of the pivotal role of the sources of international law in international discourse that this introduction sets the stage for discussions con- ducted in this volume. It starts by shedding light on the centrality of the sources of international law in theory and practice (II: The Centrality of the Sources of International Law in Theory and Practice). -
Realism in World Politics: the Transatlantic Tradition, Pt. I Professor Matthew Specter Spring 2021 Mondays, 9:30-11:30
Realism in World Politics: The Transatlantic Tradition, Pt. I Professor Matthew Specter Spring 2021 Mondays, 9:30-11:30 Since 1945, three leading traditions have fought for primacy in the theory and practice of US foreign policy: the liberal internationalist, the realist, and the neoconservative. Liberals and realists, so the usual story goes, disagree on the fundamental questions of the relationship of law, morality and power in international politics. Where the liberals are said to be principled multilateralists and earnest supporters of human rights, the realists are said to stick to the austere and amoral calculation of whether actions abroad are in “the national interest.” But the real history is much more complicated. In the postwar era, 1945-1989, US realists and liberal internationalists had much more in common than is usually portrayed. Liberal internationalists were neither consistently liberal nor truly internationalist. They were one face of American primacy in the international system. Realism, sometimes associated with the global balancing of the US, Soviet and Chinese interests by Henry Kissinger, is often thought to have originated in the late 19th century German tradition of Realpolitik, and its master practitioner Bismarck. In this course we explore the myths that have grown up around liberal internationalism, realism, and the relationship between US history and German history that nurtured both sets of ideas. The true story of foreign policy realism is one of a century of transatlantic exchange of ideas, from the US to Germany and back again. The notion that Germany’s modern history followed a deviant path, resulting as it did in the Third Reich, and the US was an exceptional advocate of democracy and fair play in international relations cannot sustain scrutiny. -
John J. Mearsheimer: an Offensive Realist Between Geopolitics and Power
John J. Mearsheimer: an offensive realist between geopolitics and power Peter Toft Department of Political Science, University of Copenhagen, Østerfarimagsgade 5, DK 1019 Copenhagen K, Denmark. E-mail: [email protected] With a number of controversial publications behind him and not least his book, The Tragedy of Great Power Politics, John J. Mearsheimer has firmly established himself as one of the leading contributors to the realist tradition in the study of international relations since Kenneth Waltz’s Theory of International Politics. Mearsheimer’s main innovation is his theory of ‘offensive realism’ that seeks to re-formulate Kenneth Waltz’s structural realist theory to explain from a struc- tural point of departure the sheer amount of international aggression, which may be hard to reconcile with Waltz’s more defensive realism. In this article, I focus on whether Mearsheimer succeeds in this endeavour. I argue that, despite certain weaknesses, Mearsheimer’s theoretical and empirical work represents an important addition to Waltz’s theory. Mearsheimer’s workis remarkablyclear and consistent and provides compelling answers to why, tragically, aggressive state strategies are a rational answer to life in the international system. Furthermore, Mearsheimer makes important additions to structural alliance theory and offers new important insights into the role of power and geography in world politics. Journal of International Relations and Development (2005) 8, 381–408. doi:10.1057/palgrave.jird.1800065 Keywords: great power politics; international security; John J. Mearsheimer; offensive realism; realism; security studies Introduction Dangerous security competition will inevitably re-emerge in post-Cold War Europe and Asia.1 International institutions cannot produce peace. -
Application of the State Immunity Rule in the International Criminal Justice System: Problems Arising and a Critique of Legal Response Mechanisms
Schulich School of Law, Dalhousie University Schulich Law Scholars LLM Theses Theses and Dissertations 2014 Application of the State Immunity Rule in the International Criminal Justice System: Problems Arising and a Critique of Legal Response Mechanisms Celestine Nchekwube Ezennia Follow this and additional works at: https://digitalcommons.schulichlaw.dal.ca/llm_theses Part of the Criminal Law Commons, and the International Law Commons APPLICATION OF THE STATE IMMUNITY RULE IN THE INTERNATIONAL CRIMINAL JUSTICE SYSTEM: PROBLEMS ARISING AND A CRITIQUE OF LEGAL RESPONSE MECHANISMS by Celestine Nchekwube Ezennia Submitted in partial fulfillment of the requirements for the degree of Master of Laws at Dalhousie University Halifax, Nova Scotia August 2014 © Copyright by Celestine Nchekwube Ezennia, 2014 DEDICATION To my darling wife, Mrs. Juliet Nneuwa Ezennia, and my beloved daughter, Miss Ifeoma Favour Miracle Nchekwube, for all their love, care and support. To Michelle Kirkwood of the Schulich School of Law, Dalhousie University, for all her encouragement, care and support. ii TABLE OF CONTENTS ABSTRACT……………………………………………………………………………………viii LIST OF ABBREVIATIONS…………………………………………………………………..ix ACKNOWLEDGEMENTS …………………………………………………………………..xix CHAPTER 1 INTRODUCTION……………………………………………………….1 1.1 Background Information………………………………………………………………..1 1.2 Statement of Research Problems………………………………………………………..4 1.3 Research Questions……………………………………………………………………..10 1.4 Description of Research Argument……………………………………………………11 1.5 Research Scope………………………………………………………………………….11 -
Dissertation
Critical Realism: An Ethical Approach to Global Politics by Ming-Whey Christine Lee Department of Political Science Duke University Date:_______________________ Approved: ___________________________ Peter Euben, Co-Supervisor ___________________________ Chris Gelpi, Co-Supervisor ___________________________ Tim Buthe ___________________________ Rom Coles Dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Political Science in the Graduate School of Duke University 2009 i v ABSTRACT Critical Realism: An Ethical Approach to Global Politics by Ming-Whey Christine Lee Department of Political Science Duke University Date:_______________________ Approved: ___________________________ Peter Euben, Co-Supervisor ___________________________ Chris Gelpi, Co-Supervisor ___________________________ Tim Buthe ___________________________ Rom Coles An abstract of a dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Political Science in the Graduate School of Duke University 2009 i v Copyright by Ming-Whey Christine Lee 2009 Abstract My dissertation, Critical Realism: An Ethical Approach to Global Politics, investigates two strands of modern political realism and their divergent ethics, politics, and modes of inquiry: the mid- to late 20th century realism of Hans Morgenthau and E.H. Carr and the scientific realism of contemporary International Relations scholarship. Beginning with the latter, I engage in (1) immanent analysis to show how scientific realism fails to meet its own explanatory protocol and (2) genealogy to recover the normative origins of the conceptual and analytical components of scientific realism. Against the backdrop of scientific realism’s empirical and normative shortcomings, I turn to Morgenthau and Carr to appraise what I term their critical realism. -
Eu Actorness in the Context of Operation Atalanta
Riikka Hietajärvi MANIFESTATION OF WHAT FOREIGN POLICY – EU ACTORNESS IN THE CONTEXT OF OPERATION ATALANTA Pro gradu -tutkielma Kansainväliset suhteet Kevät 2014 Lapin yliopisto, yhteiskuntatieteiden tiedekunta Työn nimi: Manifestation of what foreign policy – EU actorness in the context of Operation Atalanta Tekijä: Riikka Hietajärvi Koulutusohjelma/oppiaine: Kansainväliset suhteet Työn laji: Pro gradu -työ_x_ Sivulaudaturtyö__ Lisensiaatintyö__ Sivumäärä: 79 Vuosi: 2014 Tiivistelmä: The topic of this master thesis is the European Union foreign and security policy. More detailed, what sort of foreign policy EU is implementing through its military operation EU NAVFOR Atalanta launched to prevent and combat piracy off the coast of Somalia, and which kind of power position it is seeking through it internationally. The theoretical framework creating the structure of the research comes from Hans Morgenthau and his realistic theory, which he introduced more in detail in his book called Politics Among Nations – The Struggle for Power and Peace (1948). In this book, he separates three different policy types based on the state’s foreign policy: policy of imperialism, policy of status quo and policy of prestige. The method of the research is directed content analysis. All the state’s actions, especially the ones that are considered to belong to the area of foreign politics, are somehow after power: they either seek to increase, stabilize or show off it. Consequently, the objective is to recognize w he ther EU is trying to acquire more power, hold on to its present power or mainly just demonstrating its power through Operation Atalanta. Furthermore, embarking upon the identification of the foreign policy type allows us to further see what kind of power distribution EU is seeking in relation to other security actors. -
NEOREALIST and NEO-GRAMSCIAN HEGEMONY in INTERNATIONAL RELATIONS and CONFLICT RESOLUTION DURING the 1990’S
Ekonomik ve Sosyal Ara ştırmalar Dergisi, Güz 2005, 1:88-114 NEOREALIST AND NEO-GRAMSCIAN HEGEMONY IN INTERNATIONAL RELATIONS AND CONFLICT RESOLUTION DURING THE 1990’s Sezai ÖZÇEL İK George Mason University, Institute for Conflict Analysis and Resolution, 3330 N. Washington Blvd. Truland Building, 5th Floor Arlington, VA 22201 [email protected] 1990’LU YILLARDA ULUSLARARASI İLİŞ KİLER VE ÇATI ŞMA ÇÖZÜMÜNDE NEOREAL İZM VE NEO- GRAMS İYAN HEGEMONYA KAVRAMI Abstract The article aims to explain international relations and conflict resolution in combination with the neorealist and neo-Gramscian notions of the hegemony during the 1990s. In the first part, it focuses on neorealist hegemony theories. The Hegemonic Stability Theory (HST) is tested for viability as an explanatory tool of the Cold-War world politics and conflict resolution. Because of the limitations of neorealist hegemony theories, the neo-Gramscian hegemony and related concepts such as historic bloc, passive revolution, civil society and war of position/war of movement are elaborated. Later, the Coxian approach to international relations and world order is explained as a critical theory. Finally, the article attempts to establish a model of structural conflict analysis and resolution. Keywords: Neo-realism, Neo-Gramscian, Hegemony, Conflict Resolution, International Relations Özet Bu makale uluslararası ili şkiler ve çatı şma çözümü kuramlarını neorealist ve neo- Gramsiyan hegemonya kavramlarını çerçevesinde 1990’lı yılları kapsayacak şekilde açıklamayı hedeflemektedir. Birinci -
Nine Lives of Neoliberalism
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Plehwe, Dieter (Ed.); Slobodian, Quinn (Ed.); Mirowski, Philip (Ed.) Book — Published Version Nine Lives of Neoliberalism Provided in Cooperation with: WZB Berlin Social Science Center Suggested Citation: Plehwe, Dieter (Ed.); Slobodian, Quinn (Ed.); Mirowski, Philip (Ed.) (2020) : Nine Lives of Neoliberalism, ISBN 978-1-78873-255-0, Verso, London, New York, NY, https://www.versobooks.com/books/3075-nine-lives-of-neoliberalism This Version is available at: http://hdl.handle.net/10419/215796 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative -
Expanding Histories of International Law Martti Koskenniemi*
American Journal of Legal History, 2016, 56, 104–112 doi: 10.1093/ajlh/njv011 Article Expanding Histories of International Law Martti Koskenniemi* I. Much of the recent surge of interest in the history of international law has been fed by postcolonial attitudes in the legal academy. In the footsteps of Antony Anghie’s Sovereignty, Imperialism and International Law,1 new works have examined international Downloaded from law’s role in facilitating or reforming the structures of Western rule in the colonies or in the global south before and after formal colonialism. Some of these have focused on the 19th century uses of legal techniques such as extraterritoriality or arbitration to guarantee the predominance of Western—European or American—interests in the Middle East, in Africa, or Latin America.2 Early 20th century international http://ajlh.oxfordjournals.org/ institutions—the League of Nations, commodity agreements, aspects of multilateral treaty-making—have been examined with the view to understanding their role in the perpetuation of the global preponderance of the West. Other studies have focused on the struggles of the third world in the decolonization period—the formation and work of the ‘G-77’ in the aftermath of the Bandung Conference (1955) and the rise and fall of the ‘New International Economic Order’ in the 1970s and 1980s.3 The history of human rights, a real cottage industry nowadays, has likewise attracted postcolonial ex- by guest on March 29, 2016 aminations of the role of subjective rights in the consolidation of Western economic or ideological hegemony.4 Such studies differ in many ways from older histories of the field that were either more neutral in conception or associated the growth of international law with peace and enlightenment. -
Realism and Peaceful Change Written by Anders Wivel
Realism and Peaceful Change Written by Anders Wivel This PDF is auto-generated for reference only. As such, it may contain some conversion errors and/or missing information. For all formal use please refer to the official version on the website, as linked below. Realism and Peaceful Change https://www.e-ir.info/2018/02/09/realism-and-peaceful-change/ ANDERS WIVEL, FEB 9 2018 This is an excerpt from Realism in Practice: An Appraisal. An E-IR Edited Collection. Available worldwide in paperback on Amazon (UK, USA, Ca, Ger, Fra), in all good book stores, and via a free PDF download. Find out more about E-IR’s range of open access books here. Realism is most often depicted as a tradition or perspective on international relations explaining war and military conflict. This is not without reason as realists have focused on war as a major or even the primary mechanism of change in international relations. Thucydides, in The History of the Peloponnesian War, written in the fifth century BC, and a standard reference in textbook accounts of the realist tradition, found that ‘[t]he growth of the power of Athens, and the alarm which this inspired in Lacedaemon, made war inevitable’ (Thucydides 431 BC, 1.23). This position is echoed in realism up until today. For instance, in his modern classic, aptly entitledWar and Change in World Politics, Robert Gilpin asserts that ‘a precondition for political change lies in a disjuncture between the existing social system and the redistribution of power towards those actors who would benefit most from a change in the system’, and that change in international relations typically equals war (Gilpin 1981, 9). -
The Revival of Carl Schmitt in International Relations: the Last Refuge of Critical Theorists?1 David Chandler
© 2008 The Author(s) Millennium: Journal of International Studies Vol.37 No.1, pp. 27–48 ISSN 0305-8298; DOI: 10.1177/0305829808093729 http://mil.sagepub.com The Revival of Carl Schmitt in International Relations: The Last Refuge of Critical Theorists?1 David Chandler This article seeks to question the ‘critical’ readings of Carl Schmitt’s understanding of international law and the use of force in inter- national relations, particularly the approaches taken by many critical cosmopolitan theorists and many post-structuralists who have used Schmitt to distance themselves from, and to critique, American for- eign policy, especially under the Bush administrations. I suggest that these critical theorists engage in a highly idealized understanding of Schmitt, focusing on his contingent political conclusions, using his work descriptively rather than analytically. It is argued that the ideal- ist approach to Schmitt stems from these commentators’ concerns to describe their work as critical rather than from any attempt to use Schmitt’s underlying ontological framing of the relationship between law, ethics and the use of force to develop analytical insights into the practice and jurisprudence of the international sphere today. The revival of Schmitt in international relations therefore tells us more about the crisis of critical theorizing than the relevance of Schmitt’s analysis to today’s world. Keywords: Carl Schmitt, critical theorists, ontology Introduction: Reading Nomos der Erde The superficial nature of current uses of the work of Carl Schmitt, in substantiating critical approaches to the international sphere, is particu- larly apparent when he is used in relation to debates on humanitarian intervention and criticism of the global war against terrorism. -
Europe 1815-1914: Creating Community and Ordering the World
m Europ artti Koskenniemi and Bo Stråth (eds) Stråth Bo and Koskenniemi artti E 1815-1914: Cr 1815-1914: EuropE 1815-1914: CrEating Community and E ordEring thE World and Community ating The Shadow of the Past and Future of the Present The research project ‘Between Restoration and Revolution, National Constitutions and Global Law: an Alternative View on the European Century 1815–1914’ (EReRe) funded by the European research Council was established at the University of Helsinki in 2009 with the goal of providing an alternative view on the European century that began with a spectacular peace under the motto of ‘never again’ and ended with the First World War. From the outset, the assumption was that the century was traversed by themes and tensions that in one way or another continue to dominate o ideas about European peace and progress today. These need to be highlighted so as to enable an rd adequate historical understanding of the difficulties of the present moment, including the nature E of the alternatives faced by European decision-makers today. The focus reaches beyond European th ring institutions, in order to approach the themes and tensions that overarch the past two centuries in their global context. EuropE 1815-1914: E World The volume argues that a realistic history is needed that rejects any grand narrative about CrEating Community and modernity, progress or liberalism (to name some popular contestants) embedded in the nineteenth century. If we have had this time as not beginning with the revolution in 1789 this ordEring thE World is because we have wanted to avoid accepting perhaps the most persistent foundation myth with which European institutions have preferred to decorate themselves.