The Role Of Ethics In International Law (asil Studies In International Legal Theory)

The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging, and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. 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. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power. Moral reasoning in international law / Roger P. Alford and James Tierney Between power and principle / Oona A. Hathaway Jus Cogens : international law's higher ethical norms / Mary Ellen O'Connell The problem of provenance : the proper place of ethical reasoning in the selection of applicable law / Lea Brilmayer Choice of law as general common law : a reply to professor Brilmayer / Michael Steven Green The natural law challenge to choice of law / Perry Dane The role of ethics in United States private international law / Donald Earl Childress III Human rights : ethical, political ...or legal? First steps in a legal theory of human rights / Samantha Besson The ethic of international law / H. Patrick Glenn. "The purpose of this volume is to explore what role ethical discourse plays in public and private international law. The volume seeks first to delineate the role of ethical investigation in creating, sustaining, challenging, and changing international law and second to open up a conversation between two related disciplines - public and private international law - that frequently labor in different intellectual vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will, it is hoped, open new avenues for cross-disciplinary exchange in these important fields and related disciplines"--Unedited summary from book cover "The purpose of this volume is to explore what role ethical discourse plays in international law. By examining the role of ethical discourse in interational law's public and private dimensions, this volume will hopefully open up new avenue for cross-disciplinary exchange in these important fields and related relationships"--Provided by publisher 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.