Search

Summary

This chapter describes the three purposes the book serves.The first is to introduce readers to certain core questions in the philosophy of law, by way of engagement with international legal skepticism.The book’s second aim is to acquaint readers with recent work by legal and political philosophers on conceptual and moral questions specific to particular domains of international law.These include the nature of human rights, and of a crime against humanity, as well as the moral justifiability of certain core features of the law of war, international trade law, and international law’s stance on unilateral secession.Finally, the book aims to advance the debate on many of the topics it discusses.Examples include novel readings of both H.L.A. Hart’s and Ronald Dworkin’s reflections on international law, as well as new arguments regarding the existence of an international rule of law, the possible bases of a moral duty to obey international law, and the moral grounds of universal jurisdiction over crimes against humanity.A brief chapter-by-chapter outline is also included.

The threat of the permanent physical disappearance of the territory of states no longer belongs to the mythical realm, and the situation is particularly imminent for small island developing states. While most international legal scholarship has so far focused on issues stemming from territorial disappearance, this article goes one step further. It questions the appropriateness of the classical notion of the territorial state — a socio-cultural and politico-legal entity evolving on a defined territorial area — as the basis for an international legal system faced with new realities created by climate change, sea-level rise, and globalization. After examining the current rules on statehood within the context of the physical disappearance of states’ territories and looking into the solutions suggested in the legal literature to address territorial loss, this article assesses a new way of understanding statehood by exploring theoretical lenses through which a new model of statehood could be contemplated.

Search Results

Refine search

Refine search

Actions for selected content:

2 results

1 - Introduction

Summary

Evolution or Revolution? Evaluating the Territorial State-Based Regime of International Law in the Context of the Physical Disappearance of Territory Due to Climate Change and Sea-Level Rise

Search Results

Refine search

Refine search

Actions for selected content:

Save Search

2 results

1 - Introduction

Summary

Evolution or Revolution? Evaluating the Territorial State-Based Regime of International Law in the Context of the Physical Disappearance of Territory Due to Climate Change and Sea-Level Rise