Law Commons^™

Does Humanity Law Require (Or Imply) A Progressive Theory Of History? (And Other Questions For Martti Koskenniemi), Robert Howse, Ruti Teitel

Articles & Chapters

In a number of essays over the last decade or so, Martti Koskenniemi has analyzed post-cold war developments in international law, especially the human rights revolution or the emergence of "humanity law" (Teitel, Humanity’s Law). In these works, Koskenniemi asserts a close, if not essential, connection between optimistic or progressive theories of history and liberal, cosmopolitan, post- or anti-statist approaches to international law. We challenge Koskenniemi’s arguments that humanity law is associated with a dogmatically progressive theory of history, that it is oriented toward a world government, that it relies on a version of historical determinism, that it posits a …

Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel

Articles & Chapters

One of the most complex and uncertain areas of international legal doctrine is how should international law deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining …

Beyond Compliance: Rethinking Why International Law Really Matters, Robert Howse, Ruti G. Teitel

Articles & Chapters

The conceptual, and more recently empirical, study of compliance has become a central preoccupation, and perhaps the fastest growing sub-field, in international legal scholarship. The authors seek to put in question this trend. They argue that looking at the aspirations of international law through the lens of rule-compliance leads to inadequate scrutiny and understanding of the diverse complex purposes and projects that multiple actors impose and transpose on international legality, and especially a tendency to oversimplify if not distort the relation of international law to politics. Citing a range of examples from different areas of internationallaw-ranging widely from international trade …

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.

This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and …

Book Review Of Post-Conflict Justice (C. Bassiouni, Ed.), Ruti G. Teitel

Other Publications

No abstract provided.

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews

Articles & Chapters

In addition to assessing the pertinence of critical race theory in unmasking international law's colonial, racist and patriarchal underpinnings, this paper attempts to suggest practical ways in which a critical race theoryapproach can enrich the international legal system, by giving a voice to the voiceless and by addressing the conditions of marginality in which much of the developing world is trapped.

This paper will do three things. First, it will peruse the contemporary global situation with respect to international law and human rights. Second, it will assess the contribution of critical race theory in advancing an understanding of, and solution …

Book Review Of Problems And Process: International Law And How We Use It, By Rosalyn Higgins, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Post-Lecture Discussion, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Human Rights And World Public Order: A Framework For Policy-Oriented Inquiry, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.