Art of Law in the International Community

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O'Connell, Mary Ellen
7,75 MB
Art of Law in the International Community.pdf


International law evolved to end and prevent armed conflict as much as for any other reason. Yet, the law against war appears weaker today than ever in its long history, evidenced by raging armed conflicts in which people are killed, injured, and forcibly displaced. The environment is devastated, and the planet impoverished. These consequences can be traced to the dominant ideology of realism. In 1946, Hersch Lauterpacht challenged that ideology by contrasting it with the idea of international law, composed of natural law, positive law, and process theory. The Art of Law in the International Community revives his vision, rebuilding the understanding of why international law binds, what its norms require, and how courts are the ideal substitutes for war. The secret to the renewal of international law lies in revitalizing the moral foundation of natural law through drawing on aesthetic philosophy and the arts.

The new book of Mary-Ellen O'Connell, The Art of Law in the International Community, has a number of merits. One merit is to have placed extra-positive approaches to law-making back at the centre of the stage. International law evolved to end and prevent armed conflict as much as for any other reason.

It eradicated colonialism and brought a large number of newly independent States to join the UN as members with the result that the membership of the UN, established in 1945 with fifty-one original members, now stands at 192. Mary Ellen O'Connell, the Robert & Marion Short Professor of Law at Notre Dame Law School and Research Professor of International Dispute Resolution-Kroc Ins... Villalpando, Santiago; Abstract. This article uses the emergence of the protection of community interests in international law as a theoretical framework to explain a number of legal notions and regimes, such as jus cogens, obligations erga omnes, international responsibility towards the international community as a whole, and individual criminal responsibility. The international law of cultural heritage and the arts has typically been concerned with artistic objects and cultural property, yet in a broader sense the law of cultural heritage also applies to intangible aspects of culture, or "living" cultural heritage, which involves the customs and practices of traditional and indigenous cultures. Concepts shape how we understand and participate in international legal affairs.