The applicants were small French farm-owners whose lands had been included by communal decrees within the territory of local hunting associations. A Feminist Analysis ; Anghie, supra note 14; Marks ed.
Human rights emerged, in the familiar image of Anglo-American jurisprudence, as trump cards in the hands of rights-holders; their point was to override considerations of economic efficiency or administrative policy. That this choice is not usually seen as such — that is as a choice — by the vocabularies, but instead something natural, renders them ideological.
They may highlight the position of lawyers and litigation at the cost of other types of knowledge and practice. In development projects, for example, human rights may be put forward to support private indigenous ownership but also in order to establish state-supported co-operatives.
Awareness of bias in this sense suggests two conclusions in regard to teaching students, writing articles, or co-operating with colleagues.
Like any name or a concept, it receives independence; it becomes an autonomous carrier of a bias and we adopt it as second nature, a home and a faith, a prison and an open door. In development projects, for example, human rights may be put forward to support private indigenous ownership but also in order to establish state-supported co-operatives.
The kind of immanent critique of which it was part does not really work like that. Rights as Agents for Change, ed. Sometimes, however, the exception may gain more ground until it becomes the new rule.
One antidote to exegesis and managerialism lies in a turn to history so visible in international law recently. Only strategic sensitivity and the pursuit of critical distance can be recommended — qualities that are opposed to full immersion in the administrative culture in which one is called upon to work, that is, opposed to managerialism.
Or — more realistically — one cannot avoid oscillating between figuring out the right strategic choice and falling back on institutionally conventional ways of acting as proper thumb-rules about appropriate policy.
Constitutionalism and empire go well together, as testified both by 19th-century European experience and today's American one.
Should one integrate in a global economy or refrain from integration and create industries for import substitution? What is International Law For? And if coherence and determinacy are never to be attained anyway, why would your incoherence be any better than ours?
It is a strategic choice that cannot be reduced to alignment with an inherent utopian ethos in that overburdened name. And then there is the question of indeterminacy.
Very often, as David Kennedy has observed, we commit to them without reflecting on their effects in the world of outcomes.
The more pressing such questions become, however, the more legal work will become indistinguishable from the activity of those other experts, economic experts, administrative co-ordinators, sociologists, and so on.The article that opened the European Journal of International Law 20 years ago made the point about the inevitability of ‘politics’ in the profession of public international law.1 It did this by analysing in some detail doctrinal problems – sovereignty, sources, history, case law – familiar to all international lawyers.
It was, of. He correctly identified that the law, contained primarily in Article International perspective. A list of all articles available an analysis of the politics of international law 20 years later an article by marti koskenniemi on the Global Issues web site.
The Politics of International Law – Twenty Years Later Published on May 18, Author: Martti Koskenniemi The essay (see here) examines some of the changes in my own thinking about the politics of engaging in international law since the original publication of the article (see here) that opened the first issue of EJIL in The Politics of International Law – 20 Years Later 63 From Doctrines to Institutions 63 Practice: An Eye to Strategic Choices 68 Theory: Against Managerialism 71 European Journal of International Law 75 Part II: The Law and Politics of Collective Security 77 3.
It looks like you've lost connection to our server. Please check your internet connection or reload this page.
An Analysis of The Politics of International Law: 20 Years Later, an Article by Marti Koskenniemi ( words, 3 pages) Summary and Analysis of The Politics of International Law 20 Years Later ()This article discusses the diverse fields of international law contained and controlled within certain vocabularies.Download