Jarna Petman - Böcker

This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.

This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.

This book explores how can a belief in and scepticism towards human rights be reconciled. The dilemma of a liberal human rights lawyer is this: one both believes in and doubts human rights. No wonder, for human rights are ambivalent. As positive legal enactments, they are the result of political bargaining that speak the concrete and verifiable language of rules; yet they also hold an intangible promise of universal good that reaches beyond the text of enacted rules, evoking their cosmopolitan purpose. This dual nature makes human rights strong and accounts for their extraordinary appeal. But it also makes the practice of human rights a fundamentally liberal exercise in irresolution. This book offers a critical, albeit sympathetic, exploration of the conditions for practising and enforcing human rights in a world steeped in ambivalence. Through an historical narrative it first unravels the liberal tension that inheres in rights, and then moves on to examine the case law of the European Court of Human Rights to illustrate how the tension compels a choice in the exercise of rights. In the final part, the tension and the choice in rights is analysed within the realm of humanitarian violence. This is the realm of the tension – and the choice – between the hope and the fear of the liberal world.