EJIL Book Discussion

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Concluding Rejoinder: The Art of International Law and Altruism of International Lawyers

In the introductory essay, I sought to apply The Art of Law in the International Community as a response not only to military force and other ills, but to the COVID-19 pandemic. Four colleagues have contributed on how they believe the book works and could work better. They have done so at a time of extraordinary challenge and in a spirit of generosity toward the goal we all seek, the flourishing of the created world. Professor Karel Wellens’s essay captures the essence of The Art of Law. He shares my view of the potential of aesthetics as a new bridge to natural law, and of the good a revitalized natural law can do in supporting jus cogens norms and general principles. New natural law can re-commit our world to the prohibition on the use of force. Professor Wellens poses two questions essential to taking these ideas forward. First, he recounts my point that the prohibition on the use of force ‘“cannot be transgressed in the attempt to advance another norm, even another peremptory norm”’…

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The Art of International Law-Making: Musings on The Art of Law in the International Community

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. A second merit is to consider their role to explain the rise of two pillars of contemporary international law, namely the…

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Quo Vadis? The Future of International Dispute Settlement through the Art of Law in the International Community

Reading Professor O'Connell's latest opus, The Art of Law in the International Community, one cannot help but see its (deliberate or unintended?) twinning with Hersch Lauterpacht's The Function of Law in the International Community. O'Connell argues for a reimagination of modern international law through three propositions, which respond to and further engage Lauterpacht's  limitations on the…

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Aesthetic Philosophy and the Art of Law in the International Community

Inspired by Sir Hersch Lauterpacht’s writings, Mary Ellen  O’Connell, in the Art of Law in the International Community, provides a contemporary response to the ever increasing erosion by states –in the majority of  cases based on self-interest - of the most fundamental peremptory norm of the international legal order, the prohibition of the use of…

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The Nightmare and the Noble Dream: An International Law Edition

Mary Ellen O’Connell’s sweepingly ambitious The Art of Law in the International Community is fueled by a sense of urgency: in a world facing a “‘piecemeal’ World War III’, (p. 15), international law, which was intended as a tool to save mankind from itself, is itself in a state of crisis.

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