The concept of international law

Allott, Philip

doi:10.1093/ejil/10.1.31

Cited by 147 publications

(23 citation statements)

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“…Others have argued that growing networks of international institutions are giving way to a nascent global state (Chimni, 2004), and yet others have focused on the development of Western principles of 'global administrative law' that promote democracy at the global level (Kingsbury et al, 2005). Finally, some authors focus on the challenges for international law to make its ideals of world peace and human welfare a reality, at a point in time when that possibility would seem more achievable than ever before (Allot, 1999). Allot (1999) in particular emphasizes that trends should not be interpreted in a deterministic fashion, and that the future evolution depends, in part, on the (moral) choices made at the present time.…”

Section: Underlying Shifts In International (Environmental) Lawmentioning

confidence: 99%

“…Finally, some authors focus on the challenges for international law to make its ideals of world peace and human welfare a reality, at a point in time when that possibility would seem more achievable than ever before (Allot, 1999). Allot (1999) in particular emphasizes that trends should not be interpreted in a deterministic fashion, and that the future evolution depends, in part, on the (moral) choices made at the present time.…”

Section: Underlying Shifts In International (Environmental) Lawmentioning

confidence: 99%

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The future of international climate change law: a scenario-based perspective

Larragán

2012

Climate Policy

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Although states and international organizations regularly rely on scenario modelling to plan for the future, it is not generally used in legal analysis. This article explores, in a preliminary fashion, whether (and if so how) the use of scenarios can illuminate such analyses. Five high-level scenarios concerning the future of international climate change law are developed, ranging from an optimistic scenario, in which there is coordinated mitigation between states within the confines of the United Nations Framework Convention on Climate Change, to a pessimistic scenario, in which each state engages in its own autonomous adaptation to climate change. Some consequences for individual states of each scenario are then explored and some possible legal responses of states are developed. Governments should work together in mitigation and adaptation to achieve a global response to climate change, and should work to secure advantages in the carbon markets for their own companies, develop a geoengineering strategy, and be aware that recasting climate change as a security issue risks undermining the logic of global cooperation.

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Section: Underlying Shifts In International (Environmental) Lawmentioning

confidence: 99%

Section: Underlying Shifts In International (Environmental) Lawmentioning

confidence: 99%

The future of international climate change law: a scenario-based perspective

Larragán

2012

Climate Policy

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“…This disillusionment with the narrow or selfish interests of realpolitik , and its legitimisation through democratic mandates, has resulted in a growing attention to the prioritisation of ethical or moral approaches. Philip Allott (1999, p. 34), for example, argues that traditional international relations theory is based on Machiavellism, ‘the overriding of general moral duty by raison d'etat ’, a paradoxical ‘morality of immorality’. For Allott, this privileging of the political sphere over the ethical meant that international relations theory tended to be innately conservative and uncritical:…”

Section: The Ethical Approachmentioning

confidence: 99%

New Rights for Old? Cosmopolitan Citizenship and the Critique of State Sovereignty

Chandler

2003

Political Studies

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Cosmopolitan international relations theorists envisage a process of expanding cosmopolitan democracy and global governance, in which for the first time there is the possibility of global issues being addressed on the basis of new forms of democracy, derived from the universal rights of global citizens. They suggest that, rather than focus attention on the territorially limited rights of the citizen at the level of the nation-state, more emphasis should be placed on extending democracy and human rights to the international sphere. This paper raises problems with extending the concept of rights beyond the bounds of the sovereign state, without a mechanism of making these new rights accountable to their subject. The emerging gap, between holders of cosmopolitan rights and those with duties, tends to create dependency rather than to empower. So while the new rights remain tenuous, there is a danger that the cosmopolitan framework can legitimise the abrogation of the existing rights of democracy and self-government preserved in the UN Charter framework.How should we assess the trend towards increasing prominence for individual rights in the international sphere and the restricted interpretation of traditional rights of sovereign independence and self-government? Over the last decade, many leading international relations theorists have developed a cosmopolitan perspective, which sees current trends as benign or potentially positive.

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“…Philip Allott, for example, argues that traditional international relations theory is based on Machiavellism, the overriding of general moral duty by raison detat, a paradoxical morality of immorality. 2 .or Allott, this privileging of the political sphere over the ethical meant that international relations theory tended to be innately conservative and uncritical:…”

Section: Av I D C H a N D L E Rmentioning

confidence: 99%

Universal Ethics and Elite Politics: The Limits of Normative Human Rights Theory

Chandler¹

2001

The International Journal of Human Rights

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The concept of international law

Cited by 147 publications

References 0 publications

The future of international climate change law: a scenario-based perspective

The future of international climate change law: a scenario-based perspective

New Rights for Old? Cosmopolitan Citizenship and the Critique of State Sovereignty

Universal Ethics and Elite Politics: The Limits of Normative Human Rights Theory

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