By Martti Koskenniemi
Drawing from more than a few fabrics, Martti Koskenniemi demonstrates how foreign legislation turns into liable to the contrasting criticisms of being both an beside the point moralist Utopia or a manipulable façade for nation pursuits. He examines the conflicts inherent in foreign law--sources, sovereignty, 'custom' and 'world order--and indicates how criminal discourse approximately such topics could be defined when it comes to a small variety of argumentative ideas. initially released in English in Finland in 1989, this reissue features a newly written Epilogue by way of the writer.
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Additional resources for From Apology to Utopia: The Structure of International Legal Argument
26. 1 THE IDENTITY OF INTERNATIONAL LAW 19 But though international law is an instrument of political purposes, this cannot exhaust its meaning: ‘‘we cannot reduce it into politics without eliminating it as law’’. It is essential that its rules are normative: . . 3 Or: To put the matter simply, we could not consider that a State . . 4 The concreteness of international law manifests itself in its responsiveness to changing State behaviour, will and interests. 6 The requirement of normativity follows from it.
They argue that dispute-solution is only one marginal function of international law and that to concentrate on it is to assume a too ‘‘formalistic’’ or ‘‘judicial’’ approach. 23 But all such ‘‘functions’’ are parasitic upon the capacity of the law to provide determinate outcomes to normative problems. If the law lacked 22 23 legal doctrine of ‘‘sources’’. On the importance of the principle that ‘‘sources’’ give a full account of what standards count as ‘‘law’’, see Thirlway (Customary Law) pp. 37–39.
It is an instrument to meet changing needs and values,’’ p. 26. 1 THE IDENTITY OF INTERNATIONAL LAW 19 But though international law is an instrument of political purposes, this cannot exhaust its meaning: ‘‘we cannot reduce it into politics without eliminating it as law’’. It is essential that its rules are normative: . . 3 Or: To put the matter simply, we could not consider that a State . . 4 The concreteness of international law manifests itself in its responsiveness to changing State behaviour, will and interests.