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  3. ASIL Studies in International Legal Theory

The purpose of the ASIL Studies in International Legal Theory is to clarify and improve the theoretical foundations of international law. Too often the progressive development and implementation of international law has foundered on confusion about first principles. This series raises the level of public and scholarly discussion about the structure and purposes of the world legal order and how best to achieve global justice through law. This series grows out of the International Legal Theory project of the American Society of International Law. The ASIL Studies in International Legal Theory deepen this conversation by publishing scholarly monographs and edited volumes of essays considering subjects in international legal theory.

  • General Editors: Mortimer N. S. Sellers, University of Baltimore, Michael D. Cooper, American Society of International Law
  • Editorial Boards: Samantha Besson, Université de Fribourg, Allen Buchanan, Duke University, David Kennedy, Harvard University, Jan Klabbers, University of Helsinki, David Luban, Georgetown University, Larry May, Vanderbilt University, Mary Ellen O'Connell, University of Notre Dame, Onuma Yasuaki, Meiji University, Helen Stacy, Stanford University, John Tasioulas, University College, London, Fernando Teson, Florida State University

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31 results in ASIL Studies in International Legal Theory

Page 2 of 2

Negotiating State and Non-State Law
  • The Challenge of Global and Local Legal Pluralism
  • Edited by Michael A. Helfand
  • Published online:
    05 June 2015
    Print publication:
    02 July 2015
  • Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

Jus Post Bellum and Transitional Justice
  • Edited by Larry May, Elizabeth Edenberg
  • Published online:
    05 October 2013
    Print publication:
    07 October 2013
  • This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.

Normative Pluralism and International Law
  • Exploring Global Governance
  • Edited by Jan Klabbers, Touko Piiparinen
  • Published online:
    05 April 2013
    Print publication:
    22 April 2013
  • This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.

The Future of International Law
  • Global Government
  • Joel P. Trachtman
  • Published online:
    05 March 2013
    Print publication:
    25 February 2013
  • The world is changing rapidly and there are increasing calls for international and legal responses. Social changes in areas such as globalization, development, demography, democratization and technology are growing in importance for both citizens and states. Over time this will be reflected in international law and organizational structures, which will have more prominence in governmental functions. In this sense the future of international law is global government. This book draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of global concern and predicts that a more extensive, powerful and varied international legal system will be needed to cope with future opportunities and challenges.

Customary International Law
  • A New Theory with Practical Applications
  • Brian D. Lepard
  • Published online:
    05 June 2012
    Print publication:
    11 January 2010
  • Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international law and ethics. In part because of these enigmas, the subject has generated a wide-ranging literature. However, no recent book-length work has attempted to articulate a comprehensive theory of customary international law that can effectively resolve these questions. This book sets out to accomplish this goal. Its approach is unique in a number of ways. For example, it is multidisciplinary and draws insights from fields such as legal theory, philosophy, political science, and game theory. In addition, it is anchored in a sophisticated ethical framework and explores at length the interconnections between customary international law and ethics.

Morality, Jus Post Bellum, and International Law
  • Edited by Larry May, Andrew Forcehimes
  • Published online:
    05 May 2012
    Print publication:
    23 April 2012
  • This collection of essays brings together some of the leading legal, political and moral theorists to discuss the normative issues that arise when war concludes and when a society strives to regain peace. In the transition from war, mass atrocity or a repressive regime, how should we regard the idea of democracy and human rights? Should regimes be toppled unless they are democratic or is it sufficient that these regimes are less repressive than before? Are there moral reasons for thinking that soldiers should be relieved of responsibility so as to advance the goal of peace building? And how should we regard the often conflicting goals of telling the truth about what occurred in the past and allowing individuals to have their day in court? These questions and more are analyzed in detail. It also explores whether jus post bellum itself should be a distinct field of inquiry.

Global Justice and International Economic Law
  • Opportunities and Prospects
  • Edited by Chi Carmody, Frank J. Garcia, John Linarelli
  • Published online:
    05 February 2012
    Print publication:
    09 January 2012
  • Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the WTO, states have continued to develop institutions and legal infrastructure to promote global interdependence. International lawyers are experts in understanding how these institutions operate in practice, but they tend to uncritically accept comparative advantage as the principal normative criterion to justify these institutions. In contrast, moral and political philosophers have developed accounts of global justice, but these accounts have had relatively little influence on international legal scholarship and on institutional design. This volume reflects the results of a symposium held at Tillar House, the American Society of International Law headquarters in Washington, DC, in November 2008, which brought together philosophers, legal scholars and economists to discuss the problems of understanding international economic law from the standpoints of rights and justice, in particular from the standpoint of distributive justice.

Parochialism, Cosmopolitanism, and the Foundations of International Law
  • Edited by M. N. S. Sellers
  • Published online:
    05 December 2011
    Print publication:
    14 November 2011
  • This book examines the boundary between parochial and cosmopolitan justice. Parochialism and cosmopolitanism are two faces of international law, which recognizes our common humanity by protecting us in our differences. Essays in this book ask to what extent law should recognize or support the political, historical, cultural and economic differences among nations. Nine lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions or heightened duties under international law. Contributors draw the line between international law, national jurisdiction and the private autonomy of persons.

The Role of Ethics in International Law
  • Edited by Donald Earl Childress, III
  • Published online:
    05 December 2011
    Print publication:
    14 November 2011
  • The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

The New Global Law
  • Rafael Domingo
  • Published online:
    06 July 2010
    Print publication:
    26 February 2010
  • The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

International Criminal Law and Philosophy
  • Edited by Larry May, Zachary Hoskins
  • Published online:
    19 January 2010
    Print publication:
    12 October 2009
  • This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

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