Nikolaos K. Tsagourias
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Critical theory of international law and humanitarian intervention
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This chapter explains the structure and nature of international law and its inherent tensions in order to transform it. It then describes the contradictions of the legal reasoning concerning humanitarian intervention. The chapter considers the source of the inherent contradictions between 'mechanically applicable rules' and 'situation-sensitive, ad hoc standards', which evolves into that between individualism and altruism, culminating in liberalism and communitarism. For Critical Lawyers, individual freedom and communal restraint are viewed with equal suspicion and considered to be diametrically opposed. Critical Lawyers criticise the traditional approach of defining modernity with sovereignty and history and also criticise the traditional scholarship for revering the past. Today the state encounters multiple demands and faces the forces of globalisation but also fragmentation. The reification of sovereignty as it is mirrored in international rules obscures the essence of these changes.

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Jurisprudence of international law

The humanitarian dimension

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