As has been seen above, realism
argued against the traditional emphasis by legal systems on determinacy,
objectivity and apoliticism as a means of containing the subjectivity of
individual interests and sustaining legal comprehensiveness and
certainty. 1 Law
for the realists is a matter of choice not
Cinema has been an object of study for the social sciences for some time now. The relationship between law and cinema has been the subject of a certain number of reflections by jurists who work essentially within a national legal framework, and from the true genre that courtroom movies have become. One can point also to studies linking cinema and international relations. In short, the relationship between international law and cinema has never been the subject of a specific book. The objective of the present book is to show what image of international law and its norms is conveyed in films and series. Beyond a strictly legal analysis, the ambition is to take into account, in a broader perspective marked by interdisciplinarity, the relations between international law, cinema and ideology. The volume is aimed at a readership made of scholars, researchers as well as practitioners, in the field of international law, and related fields, all of whom will benefit from being introduced to a variety of perspectives on core international legal questions present in movies and TV series. Further, the volume can also be used with advanced undergraduate and postgraduate students studying international law, politics and international relations because it will provide the possibility of introducing students to a variety of perspectives on key issues in international law present in movies and TV series.
The foundations of modern
international law are usually traced by Western international lawyers to
the Peace of Westphalia in 1648 at the end of the Thirty Years War. 1 This historical moment
is taken to mark the transition from an imperial and ecclesiastical
order in which the Emperor and the Pope exercised hierarchical authority
over groups and
Representing the first book-length treatment of the application of feminist theories of international law, The boundaries of international law argues that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronted it. With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this volume is essential reading for scholars, practitioners and students alike.
This book presents the case of humanitarian intervention within a discursive theory of international law. It identifies and examines the philosophical and legal concepts which inform the case of humanitarian intervention and scrutinises the pertinent practice. The book explores how legal rules which vie to control humanitarian intervention are moulded by theory and how they inform the relevant practice in cases such as Kosovo, Rwanda or Somalia. It presents the legal and theoretical narrative and its agonising attempts to produce objective, true arguments, to introduce a modicum of morality when faced with hard cases but also to concede a leeway for moral or political relativists. For instance, humanitarian intervention within natural law appeals to modes of justification springing from theistic assumptions such as the moral standing of humans as God's mirror or Kantian ones as partakers of universal reason. The cases of Uganda and Kampuchea should be evaluated in the same way, not according to their effects on the governmental structures but according to how they secured human dignity. Kampuchea was not totally propitious in this regard. Humanitarian intervention stopped widespread massacres at a genocidal level and in this way secured human dignity, but the ensuing situation did not correspond to the standards of human dignity. Following the position developed, cases such as Entebbe and Liberia are included within the concept of humanitarian intervention. Operation 'Restore Hope' for Somalia is marked by the disagreements between the United Nations and the participant states concerning its purposes and means.
Williams, ‘Back from the USSR’, 37.
F. R. Tesón, ‘The Kantian TheoryofInternationalLaw’, Columbia Law Review , 92:1 (1992), 67–8;
Laberge, ‘Humanitarian Intervention’, 18.
See S. Axinn, ‘Kant, Authority, and the French
Revolution’, Journal of the History of Ideas , 32:3 (1971),
179–92; L. W. Beck, ‘Kant and the Right of
Zoller, ‘La Définition des Crimes Contre l’Humanité’, Journal du Droit
International 120 (1993), 549–68, at p. 551.
Darryl Robinson, ‘Defining “Crimes Against Humanity” at the Rome
Conference’, American Journal of International Law 93 (1999), 43–57, at
Yoram Dinstein, ‘Crimes Against Humanity’, in Jerzy Makarczyk (ed.),
TheoryofInternationalLaw at the Threshold of the 21st Century: Essays in
Honour of Krzysztof Skubiszewski, Kluwer Law International, The
Hague 1996, 891–908, at p. 908.
Phyllis Hwang, ‘Defining Crimes Against Humanity in the Rome
This book focuses on the paradoxical character of law and specifically concerns the structural violence of law as the political imposition of normative order onto a "lawless" condition. The paradox of law which grounds and motivates Christoph Menke's intervention is that law is both the opposite of violence and, at the same time, a form of violence. The book develops its engagement with the paradox of law in two stages. The first shows why, and in what precise sense, the law is irreducibly characterized by structural violence. The second explores the possibility of law becoming self-reflectively aware of its own violence and, hence, of the form of a self-critique of law in view of its own violence. The Book's philosophical claims are developed through analyses of works of drama: two classical tragedies in the first part and two modern dramas in the second part. It attempts to illuminate the paradoxical nature of law by way of a philosophical interpretation of literature. There are at least two normative orders within the European ethical horizon that should be called "legal orders" even though they forego the use of coercion and are thus potentially nonviolent. These are international law and Jewish law. Understanding the relationship between law and violence is one of the most urgent challenges a postmodern critical legal theory faces today. Self-reflection, the philosophical concept that plays a key role in the essay, stands opposed to all forms of spontaneity.
the Klingons in Star Trek: Discovery (Bryan Fuller and Alex Kurtzman, USA, 2017–present) (season 1, episode 2, 2017)).
62 See e.g. Francis Lyall and Paul B. Larsen , Space Law: A Treatise (London: Routledge, 2nd edn, 2018 ) 505–7 (on the concept of ‘metalaw’, a natural law system conceived for the purpose of governing interactions between human beings and intelligent extra-terrestrial life); Robert Kolb, TheoryofInternationalLaw (Oxford: Hart Publishing, 2016) 61 (on ‘inter-celestial international law’) and Haroldo Valladão, ‘Droit