Ethics and Authority in International Law

Ethics and Authority in International Law

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The specialized vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3, 000 years are unlikely to be resolved soon. Attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'.... at a conference of the International Law Association that there is no Rubicon between morality and law in the international landscape. ... by diplomatic correspondence and analogy; the law to them is not confined to matters of express treaty interpretation.32 But there is a ... of law adopted in 1920 to guide the Permanent Court of International Justice.33 The strength of the underlying positivist system isanbsp;...

Title:Ethics and Authority in International Law
Author:Alfred P. Rubin
Publisher:Cambridge University Press - 2007-11-19


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