French Studies in International Law – serie

In international relations (IR), some states often deny the legal status of others, stigmatising their practices or even their culture. Such acts of deliberate humiliation at the diplomatic level are common occurrences in modern diplomacy. In the period following the breakup of the famous ''Concert of Europe'', many kinds of club-based diplomacy have been tried, all falling short of anything like inclusive multilateralism. Examples of this effort include the G7, G8, G20 and even the P5. Such ''contact groups'' are put forward as if they were actual ruling institutions, endowed with the power to exclude and marginalise.Today, the effect of such acts of humiliation is to reveal the international system''s limits and its lack of diplomatic effectiveness. The use of humiliation as a regular diplomatic action steadily erodes the power of the international system. These actions appear to be the result of a botched mixture of a colonial past, a failed decolonisation, a mistaken vision of globalisation and a very dangerous post-bipolar reconstruction.Although this book primarily takes a social psychology approach to IR, it also mobilizes the resources of the French sociological tradition, mainly inspired by Emile Durkheim. It is translated from Le temps des humiliés. Pathologie des relations internationales (Paris, Odile Jacob, 2014).

In international relations (IR), some states often deny the legal status of others, stigmatising their practices or even their culture. Such acts of deliberate humiliation at the diplomatic level are common occurrences in modern diplomacy. In the period following the breakup of the famous ''Concert of Europe'', many kinds of club-based diplomacy have been tried, all falling short of anything like inclusive multilateralism. Examples of this effort include the G7, G8, G20 and even the P5. Such ''contact groups'' are put forward as if they were actual ruling institutions, endowed with the power to exclude and marginalise.Today, the effect of such acts of humiliation is to reveal the international system''s limits and its lack of diplomatic effectiveness. The use of humiliation as a regular diplomatic action steadily erodes the power of the international system. These actions appear to be the result of a botched mixture of a colonial past, a failed decolonisation, a mistaken vision of globalisation and a very dangerous post-bipolar reconstruction.Although this book primarily takes a social psychology approach to IR, it also mobilizes the resources of the French sociological tradition, mainly inspired by Emile Durkheim. It is translated from Le temps des humiliés. Pathologie des relations internationales (Paris, Odile Jacob, 2014).

In international relations (IR), some states often deny the legal status of others, stigmatising their practices or even their culture. Such acts of deliberate humiliation at the diplomatic level are common occurrences in modern diplomacy. In the period following the breakup of the famous ‘Concert of Europe’, many kinds of club-based diplomacy have been tried, all falling short of anything like inclusive multilateralism. Examples of this effort include the G7, G8, G20 and even the P5. Such ‘contact groups’ are put forward as if they were actual ruling institutions, endowed with the power to exclude and marginalise.Today, the effect of such acts of humiliation is to reveal the international system’s limits and its lack of diplomatic effectiveness. The use of humiliation as a regular diplomatic action steadily erodes the power of the international system. These actions appear to be the result of a botched mixture of a colonial past, a failed decolonisation, a mistaken vision of globalisation and a very dangerous post-bipolar reconstruction.Although this book primarily takes a social psychology approach to IR, it also mobilizes the resources of the French sociological tradition, mainly inspired by Emile Durkheim. It is translated from Le temps des humiliés. Pathologie des relations internationales (Paris, Odile Jacob, 2014).

This book explores a democratic theory of international law. Characterised by a back-and-forth between theory and practice, it explores the question from two perspectives: a theoretical level which reflects and criticizes the categories, words and concepts through which international law is understood, and a more applied level focussing on ‘cosmopolitan building sites’ or the practical features of the law, such as the role of civil society in international organisations or reform of the UN Security Council. Though written for an academic audience, it will have a more general appeal and be of interest to all those concerned with how international governance is developing.

This book explores a democratic theory of international law. Characterised by a back-and-forth between theory and practice, it explores the question from two perspectives: a theoretical level which reflects and criticizes the categories, words and concepts through which international law is understood, and a more applied level focussing on ''cosmopolitan building sites'' or the practical features of the law, such as the role of civil society in international organisations or reform of the UN Security Council. Though written for an academic audience, it will have a more general appeal and be of interest to all those concerned with how international governance is developing.

This book explores a democratic theory of international law. Characterised by a back-and-forth between theory and practice, it explores the question from two perspectives: a theoretical level which reflects and criticizes the categories, words and concepts through which international law is understood, and a more applied level focussing on ''cosmopolitan building sites'' or the practical features of the law, such as the role of civil society in international organisations or reform of the UN Security Council. Though written for an academic audience, it will have a more general appeal and be of interest to all those concerned with how international governance is developing.

Praise for previous edition:“...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations…’ Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2)When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Praise for previous edition:“...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations…'' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Praise for previous edition:“...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations…'' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Praise for previous edition:“...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations…’ Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2)When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

This book explores a democratic theory of international law. Characterised by a back-and-forth between theory and practice, it explores the question from two perspectives: a theoretical level which reflects and criticizes the categories, words and concepts through which international law is understood, and a more applied level focussing on ‘cosmopolitan building sites’ or the practical features of the law, such as the role of civil society in international organisations or reform of the UN Security Council. Though written for an academic audience, it will have a more general appeal and be of interest to all those concerned with how international governance is developing.

Today''s world is post-colonial and post-Cold War. These twin characteristics explain why international society is also riddled with the two major forms of injustice which Nancy Fraser identified as afflicting national societies. First, the economic and social disparities between states caused outcry in the 1950s when the first steps were taken towards decolonisation. These inequalities, to which a number of emerging states now contribute, are still glaring and still pose the problem of the gap between formal equality and true equality. Second, international society is increasingly confronted with culture- and identity-related claims, stretching the dividing line between equality and difference. The less-favoured states, those that feel stigmatised, but also native peoples, ethnic groups, minorities and women now aspire to both legal recognition of their equal dignity and the protection of their identities and cultures. Some even seek reparation for injustices arising from the past violation of their identities and the confiscation of their property or land. In answer to these two forms of claim, the subjects of international society have come up with two types of remedy encapsulated in legal rules: the law of development and the law of recognition. These two sets of rights are neither wholly autonomous and individualised branches of law nor formalised sets of rules. They are imperfect and have their dark side. Yet they can be seen as the first milestones towards what might become a fairer international society; one that is both equitable (as an answer to socio-economic injustice) and decent (as an answer to cultural injustice). This book explores this evolution in international society, setting it in historical perspective and examining its presuppositions and implications.

Today''s world is post-colonial and post-Cold War. These twin characteristics explain why international society is also riddled with the two major forms of injustice which Nancy Fraser identified as afflicting national societies. First, the economic and social disparities between states caused outcry in the 1950s when the first steps were taken towards decolonisation. These inequalities, to which a number of emerging states now contribute, are still glaring and still pose the problem of the gap between formal equality and true equality. Second, international society is increasingly confronted with culture- and identity-related claims, stretching the dividing line between equality and difference. The less-favoured states, those that feel stigmatised, but also native peoples, ethnic groups, minorities and women now aspire to both legal recognition of their equal dignity and the protection of their identities and cultures. Some even seek reparation for injustices arising from the past violation of their identities and the confiscation of their property or land. In answer to these two forms of claim, the subjects of international society have come up with two types of remedy encapsulated in legal rules: the law of development and the law of recognition. These two sets of rights are neither wholly autonomous and individualised branches of law nor formalised sets of rules. They are imperfect and have their dark side. Yet they can be seen as the first milestones towards what might become a fairer international society; one that is both equitable (as an answer to socio-economic injustice) and decent (as an answer to cultural injustice). This book explores this evolution in international society, setting it in historical perspective and examining its presuppositions and implications.

In international relations (IR), some states often deny the legal status of others, stigmatising their practices or even their culture. Such acts of deliberate humiliation at the diplomatic level are common occurrences in modern diplomacy. In the period following the breakup of the famous ‘Concert of Europe’, many kinds of club-based diplomacy have been tried, all falling short of anything like inclusive multilateralism. Examples of this effort include the G7, G8, G20 and even the P5. Such ‘contact groups’ are put forward as if they were actual ruling institutions, endowed with the power to exclude and marginalise.Today, the effect of such acts of humiliation is to reveal the international system’s limits and its lack of diplomatic effectiveness. The use of humiliation as a regular diplomatic action steadily erodes the power of the international system. These actions appear to be the result of a botched mixture of a colonial past, a failed decolonisation, a mistaken vision of globalisation and a very dangerous post-bipolar reconstruction.Although this book primarily takes a social psychology approach to IR, it also mobilizes the resources of the French sociological tradition, mainly inspired by Emile Durkheim. It is translated from Le temps des humiliés. Pathologie des relations internationales (Paris, Odile Jacob, 2014).

Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections.The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.

These collected essays deal with the evolutions and immutabilities of international society and international law during the last 25 years, a period during which these fields of study have undergone many changes. The starting point is that far from operating at different levels or being in conflict, international law and politics are closely intertwined. The book addresses the many different aspects of international law: the role and concept of the State, and the position of States in the international system; the bases, principles and evolution of public international law; questions of international security that still govern international relations; classic and current systems of peace and security maintenance; the standing, role and actions of the UN Security Council; arms control and limitation of armaments; unilateral uses of armed force and the legality of war; and humanitarian law and international criminal justice.The perspective of these essays is not a theoretical or dogmatic vision of international law and politics; rather they are based upon the practices of States in the international arena, and the ways in which the guiding legal rules are elaborated and implemented. These texts have been selected from Professor Sur's various books and numerous articles on international law and relations.

From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values.'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC

From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty''s ''journey through the legal landscape'' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law?Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values.''The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.''From the foreword, Stephen Breyer, Washington, DC

Any talk of the advancement of international law presupposes that two objections are met. The first is the ''realist'' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that ''might is right''. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the ''real world''.This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is ''advancement'' in international law not because the techniques are ''good'' in themselves (one may well think them ''bad'') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law.These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.

These collected essays deal with the evolutions and immutabilities of international society and international law during the last 25 years, a period during which these fields of study have undergone many changes. The starting point is that far from operating at different levels or being in conflict, international law and politics are closely intertwined. The book addresses the many different aspects of international law: the role and concept of the State, and the position of States in the international system; the bases, principles and evolution of public international law; questions of international security that still govern international relations; classic and current systems of peace and security maintenance; the standing, role and actions of the UN Security Council; arms control and limitation of armaments; unilateral uses of armed force and the legality of war; and humanitarian law and international criminal justice.The perspective of these essays is not a theoretical or dogmatic vision of international law and politics; rather they are based upon the practices of States in the international arena, and the ways in which the guiding legal rules are elaborated and implemented.These texts have been selected from Professor Sur''s various books and numerous articles on international law and relations.